CMA and Californians Allied for Patient Protection have developed amendments to the House and Senate health reform bills that would protect physicians from increased liability. CMA's proposed amendments would ensure that physicians are protected if they deviate from any clinical guidelines produced through clinical effectiveness research and other provisions in the health reform legislation.

CMA believes that physicians must be allowed to deviate from practice guidelines when in their clinical judgment it is in their patient's best interest, without being exposed to increased liability. CMA also believes that data gleaned from such research must not be independently used to establish standards of care or deny coverage, or be used as evidence in medical malpractice cases.

CMA's amendments would also prevent government performance-based value purchasing decisions – such as nonpayment for hospital acquired conditions – from being used to create a presumption of medical negligence.

Henry Waxman, Chairman of the Energy Commerce Committee, has expressed an initial interest in including our amendments in HR 3200, the House health reform bill. CMA has also approached Senator Feinstein and asked her to offer these changes as floor amendments on the Senate side.

Click here to read CMA's letter to Waxman on this issue.

Contact: Elizabeth McNeil, 415/882-3376 or emcneil@cmanet.org.