AAFP's Stance on Medical Liability, Other Issues Aligns With President's Objectives

Family physicians will reap significant relief from medical liability premiums if members of Congress act on President Bush's recommendation that they enact medical liability reform this year.

Bush called on Congress to pass the reform in his Jan. 31 State of the Union address.

"The call to action on malpractice was the clearest, most concrete proposal he made all evening, not just in the area of health care, but in the whole speech," said AAFP President Larry Fields, M.D., of Ashland, Ky. "His message was concise; the Congress must take action now."

The call for medical liability reform was among several health-related issues that should be addressed, Bush said in his speech. If fully implemented, the president's health care proposals could help end an era in which high medical liability premiums discourage family physicians from providing certain services, enable businesses to offer affordable health care benefits to their workers, provide options for individuals to purchase health care coverage and broaden the use of electronic health records, said Fields.

However, except for medical liability, the president provided few details on his vision for ensuring access to health care for all. His comments mark only the first steps toward ensuring health care coverage for every American and widespread dissemination of electronic health records in the health care community, said Fields.

Fields applauded Bush's call for medical liability reform.

"This opens the door for Sen. (Bill) Frist (R-Tenn.) to fulfill his promise to bring a medical liability bill to a vote in the Senate in 2006," he said. "A Senate bill would complement malpractice reform bills already passed by the U.S. House."

Since 2001, AAFP policy has supported medical liability reform that limits payments on noneconomic damages.

Likewise, Bush's support for EHRs must be equally backed by Congress and CMS, according to Fields. Today’s physician payment environment -- with its current 4.4 percent Medicare cut -- discourages family physicians from investing in EHRs or any other new technology, said Fields.

"We know that the Administration is solidly behind the use of electronic health records," said Fields. "We call for passage of measures to allocate funds for the widespread use of electronic health records so that we, as family physicians, can ensure that our patients receive safe, comprehensive and quality health care."

With the number of uninsured Americans at more than 45 million, the Academy lauds Bush's call for increased use of health savings accounts and tax credits to improve access to health care coverage, said Fields. However, both proposals offer only partial solutions to ensuring access to health care for people currently uninsured or underinsured, he said.

"Health savings accounts are very good for some people, but they’re certainly not appropriate for everyone," said Fields. "Tax credits are another piece of the puzzle, and they'll help certain elements of the population. Tax credits will help get some people into the system, but it's not a total solution. They don't provide access to quality care for the most vulnerable."

Fields emphasized that the Academy would work with Congress and the Bush administration to ensure key principles of the Academy's health care coverage for all plan are included in any legislation. That plan ensures basic services for all Americans, protects against catastrophic medical costs, preserves the current insurance market and promotes the expectation that every American should have a personal physician as their usual source of care.