The American Academy of Emergency Medicine (AAEM) opposes the health care reform bill recently passed by the United States House of Representatives (HR 3962). AAEM opposes this bill because of the failure of Congress to include any tort reforms. Our tort system functions in such an aberrant and predatory manner that a large majority of lawsuits against physicians have no basis in fact. Recent figures released from the Congressional Budget Office estimate a savings of at least $41 billion to government health programs through meaningful tort reforms. However, when including the costly effects of defensive medical practices, other estimates project a savings of more than $200 billion per year through significant tort reforms.

Furthermore, the House version of the bill offers rewards to states that eliminate existing tort reforms. Eliminating caps on non-economic damages and caps on attorney fees will exacerbate the liability crisis. The United States has the world's only liability crisis because of the unique and highly atypical manner in which our tort system functions. HR 3962 will worsen our liability crisis and the stresses it places on our society. Therefore, AAEM urges the United States Senate to include significant tort reforms when it deliberates on the pending version of its health care reform bill.

HOUSE TO VOTE ON THE MEDICARE PHYSICIAN PAYMENT REFORM ACT, HR 3961

This week, a floor vote is planned in the House of Representatives on HR 3961, the Medicare Physician Payment Reform Act of 2009. This legislation would permanently repeal the sustainable growth rate (SGR) formula that calls for annual cuts in Medicare physician payments, and replace it with a new, more rational payment system. It would provide a Medicare Economic Index update for 2010 instead of a 21.2% cut. And it would eliminate all SGR debt accumulated after years of these temporary fixes and establish new updates with two more generous spending targets.

Unless Congress acts, Medicare payments will be slashed by more than 21% in January, 2010 because of the SGR formula. Without a permanent fix, many physicians may be forced to cut services to Medicare patients or stop seeing them altogether.

ACTION REQUIRED
Please urge your Representative to vote for passage of HR 3961. Here's how:
* Call 1-800-833-6354 to be connected to your Representative.
* Urge him/her to vote "YES" when HR 3961 comes to the House floor for a vote. Click here for talking points and additional information - http://www.capwiz.com/aaem/callalert/index.tt?alertid=14351906