Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, this morning the debate prior to 10:30 will be equally divided in relation to the pending motion to proceed to the gun manufacturers liability bill. At 10:30 this morning, the Senate will proceed to a vote on invoking cloture on the motion to proceed to that bill. I anticipate the Senate will invoke cloture, and I hope we would then be allowed to begin consideration of the bill and the amendment process. I understand some Members have indicated a desire to speak during the postcloture period, and I do urge those colleagues to allow us to proceed to the underlying bill. There will be plenty of time on the bill to deliver those statements once the bill is before the Senate. I expect amendments will be offered during today's session, and therefore Members can expect rollcall votes today. We will alert everyone as these votes are scheduled. Finally, I encourage any Member who intends to offer an amendment to the bill to contact their respective cloakrooms as soon as possible. It is helpful for both sides of the aisle, in terms of scheduling, if Members notify the managers of any possible amendments. I thank all Senators and look forward to making substantial progress on the gun manufacturers liability bill throughout the day.

Mr. FRIST

Mr. FRIST. Yes.

Mr. FRIST. Mr. President, in all likelihood, we will be looking at 2 months. Again, for those listening now, a lot of people said 1 month. A lot of people said 4 months. A lot of people said a year. So this was negotiated again with both sides, and we understand the immediacy and the importance of this bill, which I do also strongly support.

Mr. FRIST. I now ask for its second reading and object to further proceedings on this matter.

Mr. FRIST. Mr. President, I understand that H.R. 3783 which came over from the House is at the desk. I ask for its first reading.

Mr. FRIST

Mr. FRIST. Mr. President, tomorrow the Senate will resume consideration of the motion to proceed to S. 1805, the gun liability bill. The cloture vote on the motion to proceed will occur at 10:30 a.m., and that will be the first vote of the day. It is my hope that we will invoke cloture and begin consideration of the bill shortly thereafter. For the remainder of the day, we will work through amendments on the gun liability bill. Senators who wish to offer amendments should contact the managers to schedule time for floor consideration. Senators should expect rollcall votes throughout the afternoon as we proceed in the amendment process.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m., Wednesday, February 25. I further ask that following the prayer and the pledge, the morning hour be deemed to have expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate then resume consideration of the motion to proceed to S. 1805, the gun liability bill; provided that the time until 10:30 a.m. be equally divided between Senators Craig and Reed of Rhode Island, or their designees, and the vote on the cloture motion occur at 10:30 a.m.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the concurrent resolutions be agreed to, the preambles, where applicable, be agreed to, the motions to reconsider be laid upon the table en bloc, and any statements relating to the concurrent resolutions be printed in the Record.

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of the following resolutions which are at the desk en bloc: H. Con. Res. 264, H. Con. Res. 358, and H. Con. Res. 359.

Mr. FRIST

Mr. FRIST. Mr. President, let me respond through the Chair that the problem has gotten so big that patients are being hurt and potential patients are being hurt. It is a crisis. It is a complex problem. As a physician, and as one who sees patients, I recognize they are being hurt by this system, and we have to start somewhere. Part of it is being able to proceed to debate. If the timing is not right, we will come back and do it at another time. We will come back to it. This problem is not going to go away. I look forward to addressing it again. This particular bill is not a comprehensive bill. We are not talking about all of the doctors out there. Rather, we took one specialty. I am a little perplexed how to come back to it because I want to keep the issue out there. Patients are being hurt, and we are going to come back to it. We will work together to figure out the best way to try to have an appropriate forum for what is a complex issue. Hopefully, we will bring it back in some shape or form in the next several weeks.

Mr. FRIST. Mr. President, I will be closing in a very few moments, but I want to express my disappointment in not being able to proceed to the bill. We have been on the motion to proceed the last 2 days to a bill that reflects a pressing problem, a crisis in many States. It has to do with a medical liability system that is having an impact now, not just on physicians paying for their insurance, but on the quality of care, access to care throughout the United States of America. I do not believe the full impact of the medical malpractice malignancy is truly understood by the average American. Like a cancer, this malady is eating away at the experience of our medical system in critical areas such as obstetrics. Dr. Sean White of Kingsport is a perfect example of what is happening. Dr. White moved to Tennessee in 2002 due to the outrageous increases in medical malpractice premiums in Pennsylvania. A staggering 7-physician group increase of $210,000 forced a 30-year-old practice to utterly dissolve. Alone, Dr. White's medical malpractice premiums were estimated to increase by $30,000 to $110,000. And this wasn't just any practice, but an OB-GYN group focusing principally on one of the most precious of all practices, the delivery of babies. Medical malpractice malignancy ultimately claimed the two senior physicians in the practice, as they retired early, while Dr. White was forced to leave town. ``They really had to scramble,'' Dr. White said of his fellow colleagues who didn't have the option to retire early. ``They went to two local hospitals and asked them to just employ them because they couldn't afford to pay their bills anymore. And no, I don't know how hospitals afford it.'' Dr. White left the Bethlehem practice in 2002 because the bank requested a lien on his home and the co-signature of his wife, Tracy, to finance his malpractice premiums for that year. ``I could see the hand-writing on the wall,'' Dr. White said. ``But I have delivered so many babies in that community. You invest so much time and energy into the practice and develop such a rapport with people. I delivered half of my daughters' friends, the children of my own friends. It was very difficult to just pack up and leave.'' Collectively, Bethlehem's 72,000 residents lost the better part of a century of combined experience when Dr. White left for Tennessee and his two senior partners took early retirement. Let me underscore here, a better part of a century of experience claimed by exorbitant medical malpractice premium hikes. In addition to taking a loss in order to buyout his partnership in Bethlehem, Tennessee has hardly been a refuge for Dr. White and his family. Yes, malpractice malignancy is also eating away in my own home state, where Dr. White's personal medical malpractice premiums jumped to $65,000 this year, up $20,000 from just last year in Tennessee. Statistics indicate that as many as nine in 10 obstetric physicians have been sued in Tennessee if they're in the practice of delivering babies for more than 10 years, Dr. White said. This despite the fact that maternal death rates have plummeted to all time lows in this country. ``The trial lawyers will tell you they are trying to weed out the bad apples,'' Dr. White said. ``Obviously, with 90 percent being sued, they're not all bad apples.'' And that is the crux of the issue here.

Mr. FRIST. I would be delighted to yield.

Mr. FRIST

Mr. FRIST. Mr. President, today we will be voting on a cloture motion to allow the Senate to proceed to debate S. 2061, the Healthy Mothers and Healthy Babies Access to Care Act. I strongly urge my colleagues to vote for the cloture motion on the motion to proceed. We have had a good discussion over the last few days, and it is clear that our medical litigation system is failing the American people. It is failing our communities, our hospitals, our doctors, our families and, most importantly, our patients. OB/GYNs and the women and babies they serve have been uniquely affected. Reform of this broken system is desperately needed, and we must act. The upcoming vote will allow us to fully debate this critical issue. If action is delayed, we know what will happen: patients will suffer, women will suffer, and babies will suffer. OB/GYNs will continue to flee their practices and drop obstetrical services, and more States will be added to the AMA crisis list, a list that already has 19 States. I have received letters from doctors all over America, including from my home State of Tennessee, demonstrating the devastating effect of the crisis. Premiums in Tennessee have gone up 68 percent over the last 4 years, and Tennessee is not even considered a crisis State by the AMA-- yet. One doctor from Paris, TN, writes: As a reproductive health physician I have provided a wide range of obstetrical and gynecologic services to west Tennessee for 13 years. I am one of only two physicians practicing in this area and do a significant amount of high risk procedures. My malpractice insurance premiums have increased from $30,000 to $60,000 in just two years. This is without a claim being filed against me. . . . I am strongly considering terminating my obstetrical practice to leave this area markedly undeserved. Another doctor from Athens, TN, writes: As an obstetrician in East Tennessee whose liability insurance premiums increased 23 percent in the year 2003, it is becoming progressively difficult and risky for me to continue to deliver babies. Many of my colleagues have either retired or quit doing obstetrics. This is going to severely limit what is already excellent care in this country for the obstetrical patients especially in this part of the State. As these real life stories show, this health care crisis is real, spreading and uniquely affects OB/GYNs. The current medical liability system is costly, inefficient and hurts all Americans. In addition to damaging access to medical services, the current medical litigation system creates problems throughout the entire health care system: It indirectly costs the country billions of dollars every year in defensive medicine. The fear of lawsuits forces doctors to practice defensive medicine by ordering extra tests and procedures. Though the numbers are hard to calculate, well researched reports predict savings from reform at tens of billions of dollars per year. It directly costs the tax payers billions. The CBO has estimated that reasonable broad reform will save the Federal Government $14.9 billion over 10 years through savings in Medicare and Medicaid. It impedes efforts to improve patient safety. The threat of excessive litigation discourages doctors from discussing medical errors in ways that could dramatically improve health care and save hundreds or thousands of lives. I am a strong supporter of patient safety legislation which I hope we will pass this year. But in addition to patient safety legislation, we need to address the underlying problem-- our liability system. We must reform this broken liability system. That is why I strongly support the Health Mothers and Healthy Babies Access to Care Act. I thank my colleague, Senator Gregg, who skillfully led this debate, and I thank Senator Ensign, a leading proponent of reform, who has seen the current crisis close up in his own State of Nevada. This legislation will protect women's access to care and ensure that those who are negligently injured are fairly compensated. Again, I encourage my colleagues to move this legislation forward. We cannot afford further delay. Mr. President, I ask unanimous consent that a list of groups that support S. 2061 be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand adjourned under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, I now withdraw my motion and ask that there now be a period for morning business with Senators permitted to speak therein for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. As in executive session, I ask unanimous consent the injunction of secrecy be removed from the following treaty transmitted to the Senate on February 23, 2004, by the President of the United States, U.N. Convention against Transnational Organized Crime, Treaty Document 108-16. I further ask that the treaty be considered as having been read the first time; that it be referred with the accompanying papers to the Committee on Foreign Relations and ordered to be printed; and that the President's message be printed in the Record.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. I now withdraw the pending motion.

Mr. FRIST. I now move to proceed to Calendar No. 363, S. 1805, and I send a cloture motion to the desk.

Mr. FRIST

Mr. FRIST. Mr. President, I suggest the absence of a quorum.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. Tuesday, February 24. I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and the Senate then resume consideration of the motion to proceed to S. 2061, the OB/GYN medical malpractice bill. I further ask consent that the Senate recess from 12:30 p.m. to 2:15 p.m. for the weekly party luncheons.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Tomorrow, the Senate will resume consideration of the motion to proceed to S. 2061, the OB/GYN medical malpractice bill. Senators who do wish to speak on this important bill are encouraged to come to the floor during tomorrow's session. Under the previous order, at 5 p.m. tomorrow the Senate will vote on the motion to invoke cloture on the motion to proceed to that bill. It is my hope that our colleagues on the other side of the aisle will allow us to take up this important issue. As a reminder, just a few minutes ago I filed cloture on the motion to proceed to S. 1805, the gun liability bill. While I did not want to have to file cloture, it became apparent that our Democratic colleagues would not let us move forward with this legislation either. The cloture vote on the motion to proceed to the gun liability bill will occur on Wednesday. I inform my colleagues that the cloture vote on the medical malpractice bill will be the first vote of the day tomorrow. Additional votes are possible and Members will be notified if any additional votes are scheduled.

Mr. FRIST

Mr. FRIST. Mr. President, I understand there is a bill at the desk that is due for a second reading.

Mr. FRIST. I object to further proceedings on the measure at this time.