Utah Med Law

Importantly this bill has no provisions that would limit an injured medical malpractice victim's rights concerning their claims.  This is a stunning victory for victims of medical malpractice considering the tremendous pressure brought to bear against the bill from the health insurance industry and others interested in reducing patient rights.  However, there is a provision for demonstration projects.  Demonstration projects will be funded by the federal government at the state level to allow the states to explore better ways to handle medical malpractice claims.  There is also an opt-out clause for plaintiffs in the plan and it appears they can remove themselves from an expiremntal approach at any time.  Only time will tell if Utah will decide to embark on a demonstration project.

Of course the House and Senate bills have to be reconciled before the bill is passed into law by President Obama.  The Senate bill would prevent insurance companies from dropping patients who get sick and create a new legal requirement that all Americans must own health insurance – a provision already under growing attack from conservatives.  On the other side the Senate plan falls far short of Democrats' initial vision for reform in one key regard — it lacks a government-run insurance option after several moderate Democrats said they’d block the bill if it remained. That decision has divided the Democratic base, with many liberals saying the plan isn’t true reform and would merely enrich private insurers.