Because I know you were worried.
Section 2531 (pp. 1431-1433) of the “Bend Over And Take It, America” bill seems tantalizing at first glance.
IN GENERAL.—To the extent and in the
amounts made available in advance in appropriations
Acts, the Secretary shall make an incentive payment,
in an amount determined by the Secretary, to each
State that has an alternative medical liability law in
compliance with this section.
Hooray! Some medical liability reform at last! With financial incentives to the states who implement it!
Not so fast.
The “in compliance with this section” has a little escape hatch that pretty much makes the entire thing a head fake.
From page 1432:
ABILITYLAW.—The contents of an alternative liabil-
ity law are in accordance with this paragraph if—
(A) the litigation alternatives contained in
the law consist of certificate of merit, early
offer, or both; and
(B) the law does not limit attorneys’ fees
or impose caps on damages. (italics mine)
So, as long as the alternative liability law doesn’t provide any actual alternative to the status quo, the states will receive a financial incentive. Even when they pretend to be looking for a way to save money they come up with new and insane ways to spend it.
At least we now know why it’s 1900 pages long.
It has to be big enough to cover all the attorneys’ asses.