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WASHINGTON – Just as Texas Republican lawmakers were warning that the latest House healthcare bill would undo the state’s existing laws on tort reform, U.S. Rep. Henry Cuellar, D-Laredo, persuaded Democratic leaders Monday night to add a "pre-emption" provision to preserve the legal reforms already adopted by Texas and other states to keep medical costs down.
"This bill does not pre-empt tort reform in Texas," said Cuellar on Tuesday, referring to the so-called manager’s amendment, which includes last-minute changes ordered by Democratic leaders. "The manager’s amendment protects any state, like Texas and California, which have enacted tort reform."Cuellar, a "blue dog" Democrat, may have gotten the sweetener he needed to support the bill, while House Democratic leaders may have gotten one more vote in a hard-fought battle to get the votes to pass the bill.Asked if he now supports the Affordable Healthcare for America Act, Cuellar smiled and said, "I’m leaning 'yes’ now."Blue Dog Democrats have led the fight to reduce the bill’s price tag, now at $1.055 billion.Reps. Michael McCaul of Austin, John Culberson of Houston, Kevin Brady of The Woodlands and other Texas Republicans met with reporters Tuesday morning to warn that the bill jeopardizes the savings that Texas achieved with tort reform."You could not find an OB-GYN south of San Antonio before 2003," said Culberson, when Texas enacted reform. With the limits on liability and damages, said Culberson, "doctors began moving back."Six years ago, voters approved Proposition 12 to end a "malpractice crisis" that was driving up liability premiums and said to be pushing some doctors to give up their practices. The key provision put a $250,000 cap on noneconomic damages such as pain and suffering.Maria Recio is the Star-Telegram’s Washington bureau chief (202) 383 6103
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