Comments on: More on liability reform in the House — and a federalism angle https://www.overlawyered.com/2017/03/liability-reform-house-federalism-angle/ Chronicling the high cost of our legal system Fri, 17 Mar 2017 20:59:06 +0000 hourly 1 By: mx https://www.overlawyered.com/2017/03/liability-reform-house-federalism-angle/comment-page-1/#comment-344666 Fri, 17 Mar 2017 20:59:06 +0000 https://www.overlawyered.com/?p=63366#comment-344666 It seems that this would create a two-tiered system that would prove problematic politically, and there’s certainly an argument that it’s bad policy as well. While I appreciate the desire to “do something” while respecting federalism concerns, the result of this plan is to provide one set of legal remedies for those injured receiving, say, employer-sponsored health insurance, and more limited remedies for those injured receiving health care under Medicare or a subsidized ACA plan. It’s unclear to me why medical liability should be different for, say, seniors than for younger workers.

Alternatively, perhaps one could interpret the tax-deductibility of employer-sponsored plans as a “tax benefit,” at which point this bill would essentially apply to all healthcare in this country anyway, and we’re right back where we started on federalism.

]]> By: CarLitGuy https://www.overlawyered.com/2017/03/liability-reform-house-federalism-angle/comment-page-1/#comment-344665 Fri, 17 Mar 2017 19:16:06 +0000 https://www.overlawyered.com/?p=63366#comment-344665 Much as I appreciate the Federalism argument, that ship sailed when the PPACA was embraced as an exercise of Congressional Authority under the Commerce Power. As well, “the provision of goods or services for which coverage is provided in whole or in part via a Federal program, subsidy, or tax benefit” covers the vast majority of transactions for health care in this country, since even the Dr. I pay cash to, with no insurance filings, provides a receipt I can use when itemizing taxes at the end of the year.

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