Thomas Reynolds

Mr. REYNOLDS

Mr. REYNOLDS. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Hamburg, New York (Mr. Quinn). (Mr. QUINN asked and was given permission to revise and extend his remarks.)

Mr. REYNOLDS. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from New York (Mr. Houghton), the senior Member from the western part of the State.

Mr. REYNOLDS. Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Kelly).

Mr. REYNOLDS. Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr. McHugh) of the north country.

Mr. REYNOLDS. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Cox).

Mr. REYNOLDS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, ever since a young Staff Sergeant first climbed into an Army Air Force bomber for the first of 35 missions that would win him the Distinguished Flying Cross during World War II, the gentleman from New York (Mr. Gilman) has been serving his country with honor and distinction. Through a congressional career that spans three decades and, before that, service in the New York State Assembly, the gentleman from New York (Mr. Gilman) has earned a national and international reputation for leadership, fairness, and compassion. Whether combatting world hunger or fighting for freedom for those unjustly imprisoned, the gentleman from New York (Mr. Gilman) has been a recognized leader in human rights and foreign affairs, earning praise for his work from every cosponsor of the globe. But despite his great presence on the world stage, it is evident through his tireless advocacy for those he represents that his feet remain firmly on the ground in his home community of New York's Hudson Valley. Listing the awards and honors that the gentleman from New York (Mr. Gilman) has earned throughout his career would take far more time than allotted, but they are tremendous evidence of the fondness and the respect that the gentleman earned throughout his career from those he has so passionately and ably represented. As the dean of our New York delegation, the gentleman from New York (Mr. Gilman) has been looked to for his leadership and counsel. On so many issues that affect not only his district but our entire State, our Nation, and the globe, the gentleman was there fighting just as hard, just as passionately for every resident of our State. Mr. Speaker, on behalf of my community, my State, I want to extend my thanks to the gentleman from New York (Mr. Gilman) for all he has done to make New York a better place. His wisdom, commitment, and leadership will be sorely missed. Mr. Speaker, I reserve the balance of my time.

Mr. REYNOLDS

Mr. REYNOLDS. Mr. Speaker, I thank the gentleman. I want to salute my two colleagues from Erie County and representing the Niagara frontier, as well as the distinguished gentleman managing the rule from the Southern Tier. This piece of legislation does a great deal to help the western New York area. I just want to salute the leadership of the gentleman from New York (Mr. LaFalce) and the gentleman from New York (Mr. Quinn) for their efforts of making this a reality today as it comes through the House; and, hopefully, we will see that support in the Senate. It will greatly help our area recover.

Mr. REYNOLDS. Mr. Speaker, will the gentleman yield?

Mr. REYNOLDS

Mr. REYNOLDS. Mr. Speaker, I rise today to recognize the 175th Anniversary of St. Paul's Lutheran Church in Eggertsville, New York. Throughout this coming weekend, parishioners will gather for a variety of celebrations to honor this milestone, and dedicate recent building renovations. First incorporated on December 18, 1827, St. Paul's was founded by Rev. Vincent Phillip Meyerhoffer, a Hungarian immigrant who served as a Chaplain in the Austro-Hungarian Empire in the Napoleonic wars. Rev. Meyerhoffer came to Buffalo in 1819, and founded St. Paul's in order to serve the area's German-speaking population. Mr. Speaker, since its inception, St. Paul's Evangelical Lutheran Church has been an important part of the spiritual and of civic life of our community; and I ask that this Congress join me in wishing the clergy and parishioners of St Paul's Evangelical Lutheran Church our sincerest best wishes on its 175th Anniversary celebration.

Mr. REYNOLDS

Mr. REYNOLDS. Mr. Speaker, I rise today to salute a true American hero, Rear Admiral Leslie Gehres. A native of Newark in Wayne County, NY, Admiral Gehres will be honored by his community on Saturday, September 28, 2002, with the dedication of a monument and memorial exhibit at Newark High School. Admiral Gehres began his long and illustrious naval career in 1914, when he enlisted in the New York Naval Militia. When his unit was mobilized on April 6, 1917, he was appointed to the rank of Ensign, and transferred to the regular navy, following completion of course work at the U.S. Naval Academy in Annapolis, MD. Admiral Gehres became a Naval Aviator in 1927, and in 1929, trained and led ``The Nine High Hats,'' a prestigious nine-plane acrobatic formation. After the outbreak of World War II, Admiral Gehres took command of Patrol Wing 4, and took part in the Aleutians campaigns. He was responsible for driving the Japanese out of the Aleutian Islands, and for his services, earned the Army's Distinguished Flying Cross, Legion of Merit, and Gold Star in lieu of a second Legion of Merit. He was also promoted to the rank of Commodore for his leadership in that campaign, a rank that had not been given to any naval officer since Commodore Oliver Hazard Perry in the War of 1812. Following his detachment from Fleet Wing 4, Admiral Gehres assumed command of the USS Franklin in the Pacific Fleet. Admiral Gehres courageously and successfully returned that carrier to the Naval Yard in New York, after being heavily damaged by Japanese forces. ``For extraordinary heroism as Commanding Officer of the USS Franklin,'' read his Navy citation, Admiral Gehres was awarded the Navy Cross. Mr. Speaker, Rear Admiral Leslie Edward Gehres passed away in 1975, but he will now be forever remembered for his heroism and selfless service to his nation, and I ask that this Congress join me in saluting his proud career, and in thanking the community of Newark, NY, for honoring his leadership and valor.

Mr. REYNOLDS

Mr. REYNOLDS. Mr. Speaker, I yield myself the remainder of my time. I thank the gentleman from Florida for some of his opportunity to share with passion his views on this legislation. First, both the Committee on the Judiciary, which passed the legislation out by voice vote, and the Committee on Energy and Commerce have had ample debate on this legislation before it came to the Committee on Rules and now on to the floor for consideration of by the entire body. Two Stanford University economists have conducted two extensive studies using national data on Medicare populations and concluded that patients from States that adopted direct medical care litigation reforms, and I will say that again for my Florida colleague, that the study which adopted and concluded that patients from States that adopted direct medical care litigation reforms, such as limits on damage awards, incur significantly lower hospital costs while suffering no increase in adverse health outcomes associated with the illness for which they were treated. Mr. Speaker, in public opinion, by a survey conducted by Wirthlin Worldwide for Health Care Liability Alliance, 71 percent of Americans agree that the main reason health care costs are rising is because of medical liability lawsuits; 78 percent of Americans say they are concerned about the access to care being affected because doctors are leaving the practices due to rising liability costs; 73 percent of Americans support reasonable limits on awards for pain and suffering in medical liability lawsuits; and more than 76 percent of Americans favor a law limiting the percentage on contingent fees paid by the patient. This legislation is intended to control escalation in lawsuit damage awards and slow the rising costs of medical malpractice insurance. The HEALTH Act would benefit patients because it will award injured patients unlimited economic damages. It will award injured patients noneconomic damages up to $250,000. It will award injured patients punitive damages of up to two times economic damages of $250,000 or whatever is higher. It establishes a fair share rule that allocates damage awards fairly and in proportion to a party's degree of fault, and it establishes a sliding scale of attorney's contingent fees, therefore maximizing the recovery for patients. It allows States the flexibility to establish or maintain their own laws on damage awards, whether higher or lower than those provided for in this bill. I hear my time is expiring. I urge a yes vote on the rule and on the underlying legislation, a yes vote for patients and families all across America. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mr. REYNOLDS. Mr. Speaker, I yield 2 minutes to the gentlewoman from West Virginia (Mrs. Capito).

Mr. REYNOLDS. Mr. Speaker, we have heard from a lot of lawyers today and a few business people. I would like to now have an opportunity to hear from a medical doctor educated in the University of Buffalo and then moved to Florida. Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Weldon). (Mr. WELDON of Florida asked and was given permission to revise and extend his remarks.)

Mr. REYNOLDS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I just disagree with my friend, the gentleman from Michigan (Mr. Stupak). One cannot argue with the facts that in California the premiums in the last 27 years have gone up 167 percent. The rest of the country is 500 percent. Doctors are not leaving California like they are in New York, and we have heard testimony from other States like Pennsylvania. So the reality is there is a result based on the acts of that Democratic legislature and Governor 27 years ago. And in addition, we know the CBO in scoring this says that this legislation versus the current law as it is today would reduce the premiums paid by 25 to 30 percent for medical malpractice. Mr. Speaker, I reserve the balance of my time.

Mr. REYNOLDS. Mr. Speaker, I yield 1 minute to the gentlewoman from Illinois (Mrs. Biggert).

Mr. REYNOLDS. Madam Speaker, I yield 3 minutes to the gentleman from Pennsylvania (Mr. Peterson).

Mr. REYNOLDS. Madam Speaker, I yield 2\1/2\ minutes to the gentlewoman from Wyoming (Mrs. Cubin).

Mr. REYNOLDS. Madam Speaker, I yield 3\1/2\ minutes to the gentlewoman from Connecticut (Mrs. Johnson).

Mr. REYNOLDS. Madam Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Kirk).

Mr. REYNOLDS. Madam Speaker, I yield myself such time as I may consume. Nothing in the HEALTH act denies injured plaintiffs the ability to obtain adequate redress, including compensation for 100 percent of their economic losses, their medical costs, their lost wages, their future lost wages, rehabilitation costs, and any other economic out-of- pocket loss suffered as a result of a health care injury. Ceilings on noneconomic damages limit only the inherently unquantifiable element damages, such as those awarded for pain and suffering, loss of enjoyment, and other intangible items. When we look at health care, the reality is, and CBO estimates, that under this bill premiums of medical malpractice ultimately will be on an average of 25 to 30 percent below what they would be under current law. It is time for action. Madam Speaker, I yield 3 minutes to the gentleman from California (Mr. Cox).

Mr. REYNOLDS. Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. Madam Speaker, House Resolution 553 is a closed rule providing for the consideration of H.R. 4600, the Help Efficient, Accessible, Low Cost, Timely Health Care Act of 2002, more commonly known as the HEALTH Act. The rule waives all points of order against consideration of the bill and provides one motion to recommit, with or without instructions. Madam Speaker, when it comes to health care, there is nothing more hallowed than the quality of patient care and the integrity of patient choice. However, there is an unfortunate and rising trend in our country that is not only threatening patient care and choice, but is obstructing the way in which doctors and other providers administer that care, and it is collectively costing patients, their families, doctors and taxpayers billions of dollars every year. In recent years, medical liability insurance premiums have soared to the highest rates since the mid-1980s. These devastating increases have forced health care professionals to limit services, relocate their practices, or retire early. Meanwhile, affordability and availability of insurance is in grave jeopardy, and, in the end, patients are the ones shortchanged. One might assume that the generous lawsuit judgment awards and settlements would bode well for injured patients seeking redress. However, studies show that most injured patients receive little or no compensation at all. Alarmingly, there is clear evidence indicating that skyrocketing medical liability premiums are a direct result of increases in both lawsuit awards and litigation expenses, and, according to a study compiled by the United States Department of Health and Human Services, excessive litigation is impeding efforts to improve the quality of care and raising the cost of health care that all Americans pay. By placing modest limits on unreasonable awards for economic damages, an estimated $60 billion to $108 billion, that is $60 billion to $108 billion, could be saved in health care costs each year. Reclaiming this money would lower premiums for doctors and patients, allowing millions of Americans the opportunity to obtain affordable health insurance. Currently, runaway litigation expenses are getting in the way. Take into consideration my home State of New York. In most instances New York physicians are paying the highest medical liability premiums in the country and are likely to pay at least 20 percent more in premiums over the next year alone. My region of the State is especially feeling the impact. ``The number of doctors leaving Erie last year doubled from the previous year, a trend that continues to 2002,'' wrote Donald Copley, M.D., an officer of the Erie County Medical Society in the Business First of Buffalo newspaper. The Medical Society of New York says the trend of physicians leaving New York State or retiring early is happening all across the State. When exorbitant litigation goes unchecked, as it has, premiums escalate, leaving doctors either unable to afford insurance or unable to provide a variety of services, thereby leaving Americans at risk of not being able to find a doctor. Madam Speaker, this is completely unacceptable. The legislation before us today will halt the exodus of providers from the health care industry, stabilize premiums, limit staggering attorney fees, and, above all, improve patient access to care. The HEALTH Act is modeled after legislation adopted by a Democratic legislature and a Democratic Governor in the State of California over 27 years ago. Since that time, insurance premiums in the rest of the country have increased over 500 percent, while California's has only risen 167 percent. California's insurance market has stabilized, increasing patient access to care and saving more than $1 billion per year in liability premiums. Equally important, California doctors are not leaving the State. In scaling this model into a national standard, the sponsors of the HEALTH Act included a critical component, state flexibility. The HEALTH Act respects States rights by allowing States that already have damages caps, whether larger or smaller than those provided in the HEALTH Act, to retain such caps. Madam Speaker, right now this crisis is affecting every State in its own way, but the Nation as a whole is suffering. President Bush has said that the lawsuit industry is devastating the practice of medicine. Let us not pass up our opportunity to step up to the plate. Doctors should not be afraid to practice medicine and patients should not be afraid of losing their doctor. I urge my colleagues to support this rule and the underlying legislation. Madam Speaker, I reserve the balance of my time.

Mr. REYNOLDS. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 553 and ask for its immediate consideration.

Mr. REYNOLDS

Mr. REYNOLDS. Mr. Speaker, our last speaker is the bill's sponsor. I yield 2 minutes to the gentleman from Colorado (Mr. Schaffer) to help us clearly see the intent of what he has sponsored in his legislation, because the debate on education has taken us in varied directions.

Mr. REYNOLDS. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mr. REYNOLDS

Mr. REYNOLDS. Mr. Speaker, I ask unanimous consent that the following resolutions be laid on the table: H. Res. 464; H. Res. 500; H. Res. 501; H. Res. 506; and H. Res. 508.