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XXXX Voted For A GOP Amendment To Protect Small Businesses From Health Care Suits. In 2001, XXXX voted against a motion to table an amendment that would add that employers who offered health insurance coverage to their employees and who employed at least 2 and not more than 15 people would be given the same protections from lawsuits that this bill will give to physicians, other health care professionals, and hospitals. [S 1052, 6/29/01, Vote 215] XXXX Voted To Repeal Patient Protections If Reports Find That They Cause People To Lose Coverage. In 2001, XXXX voted for an amendment that would direct the Secretary of Health and Human Services to request the Institute of Medicine and the National Academy of Sciences to prepare and submit 5 annual reports, starting 2 years after the date of enactment, on the Act's impact on the number of individuals in the United States with health insurance coverage. If a report determined that 1 million or more people had lost their insurance as a result of passage of this Act, then the provisions to create new rights to sue employers and insurers in Federal and State courts would be repealed. [S 1052, 6/26/01, Vote 198] XXXX Voted for “Blanket Immunity” to Protect Employers from Lawsuits. In 2001, XXXX voted for an amendment to protect employers, even if they are part of a patient’s medical decision, from lawsuits. [S 1052, 6/26/01, Vote 197; Note: The Senate later passed an amendment to protect many employers, but the first amendment pushed a “blanket immunity” policy that Democrats did not support.] MEDICAL MALPRACTICE / PATIENTS RIGHTS XXXX Voted to Cap Malpractice Lawsuit Awards. In May 2006, XXXX voted to end debate on a bill that would have capped punitive damages for OBGYN’s accused of malpractice. The amendment would have capped the damages for an individual physician at $250,000, judgments against more than one institution would have been capped at $500,000. [Vote 116, 5/8/06; CQ, 5/8/06] XXXX Voted to Cap Malpractice Lawsuit Awards. In May 2006, XXXX voted to end debate on a bill that would have capped punitive damages for OBGYN’s accused of malpractice. The amendment would have capped the damages for an individual physician at $250,000, judgments against more than one institution would have been capped at $750,000. [Vote 115, 5/8/06; CQ, 5/8/06] XXXX Voted to Cap Compensation for Medical Malpractice Suits. In 2004, XXXX voted for a bill that sought to curb damages against emergency and trauma center personnel, as well as obstetricians and gynecologists. The bill would have capped punitive damages at $250,000, or double the amount of economic compensation awarded whichever amount is greater. [Vote 66, 4/7/04] XXXX Voted to Cap Medical Malpractice Lawsuits. In 2004, XXXX voted for a bill that would have limited the liability of obstetricians and gynecologists in malpractice cases, despite the fact that limiting patients’ access to courts would not have helped current victims of malpractice, or deterred other health care industry workers from being careful in the future. [Vote 15, 2/24/04] XXXX Voted For A Bill That Would Cap Medical Malpractice Non-Economic Damages At $250,000. In 2003, XXXX voted for bill that would have capped awards in medical malpractice lawsuits. The bill would have limited awards for non-economic damages to $250,000. [Vote 264, 7/9/03] XXXX Voted to Limit Punitive Damages on Medical Malpractice Cases. In 2002, XXXX voted for an amendment to limit punitive damages in medical malpractice cases to twice the sum of compensatory damages, among other minor provisions. [S 812, 7/20/02, Vote 197] XXXX Opposed Patients’ Bill of Rights. In 2001, XXXX voted against the Patients’ Bill of Rights, a bill to provide federal protections, such as access to specialty and emergency room care, and allow patients to appeal a health plan organization’s decision on coverage and treatment. It also would allow patients to sue health insurers in state courts over quality-of-care claims and at the federal level over coverage disputes. Economic and non- economic damages would not be capped, and punitive damages would be capped at $5 million. The bill, as 42

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