Carmelo Rodriguez Military Medical Accountability Act of 2009

H.R. 1/S. 570, American Recovery and Reinvestment Act of 2009, provisions on State Attorneys General enforcement of HIPPA H.R. 3962, Affordable Healthcare for America Act H.R. 1478/S. 1347, Carmelo Rodriguez Military Medical Leave Act

Client expense: $5,640,000 · Firm income: Not reported

Government targets: HOUSE OF REPRESENTATIVES, SENATE, Securities & Exchange Commission (SEC)

H.R. 847/ S. 1334 (James Zadroga 9/11 Health and Compensation Act); specific interest in Title II relating to the September 11th Victim Compensation fund. Lobbying with regard to medical malpractice liability as it relates to any health care reform proposal generally. H.R. 3962 (Affordable Health Care for American Act); specific interest in provisions relating to state incentive payments related to medical liability laws. H.R. 3590 (Patient Protection and Affordable Care Act); specific interest in provisions relating to state-based demonstration projects relating to medical liability. H.R. 4872 (Health care reconciliation bill); general interest relating to state-based demonstration projects relating to medical liability. H.R. 1478/ S. 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009); to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care. Lobbying with regard to existing federal restrictions on vicarious liability.

Client expense: $1,050,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), Federal Aviation Administration (FAA), Federal Railroad Administration, HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT), Treasury, Dept of, White House Office

H.R. 1346, Medical Device Safety Act of 2009 H.R. 1478, Carmelo Rodriguez Military Medical Accountability Act of 2009

Client expense: $280,000 · Firm income: Not reported

Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), SENATE

H.R. 2647; P.L. 111-84 (Sec. 583, 584), S.1033 (Sec. 573), S. 1390 (Sec. 555,556), the FY2010 National Defense Authorization Act, provisions relating to clarifying for servicemembers a private cause of action under SCRA; a provision concerning servicemember rights in child custody matters; legal assistance for low-income military servicemembers and their dependents; provisions relating to revision of Military Commissions Act of 2006. H.R. 2696, the Servicemembers' Rights Protection Act S. 1390, the FY2010 National Defense Authorization Act, and provisions of the Matthew Shepard Hate Crime Prevention Act. H.R. 1478; S. 1347 the Carmelo Rodriguez Military Medical Accountability Act.

Client expense: $270,000 · Firm income: Not reported

H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009, would allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care H.R. 1255, To protect the interests of each resident of intermediate care facilities for the mentally retarded in class action lawsuits on behalf of such resident. H.R. 1508, S. 537, the Sunshine in Litigation Act Recommendations related to: federalizing state medical malpractice and product liability laws and health courts H.R. 2641, Workers Compensation Medicare set-aside legislation-would establish clear criteria for when a Workers Compensation Medicare set-aside should be reviewed; create certainty regarding the rules for establishing a Medicare set-aside; provide certainty to state-approved settlements; and reduce the delays now disrupting Workers Compensation programs across the country H.R. 3200, America's Affordable Health Choices Act of 2009 - provisions to pre-empt a portion of the states medical liability laws and to create health courts in which medical liability cases would be removed on a mandatory basis from the state court system. H.R. 3596 and 1681legislation to repeal the McCarran-Ferguson exemption from the federal antitrust laws now enjoyed by the insurance industry, provisions to repeal with safe harbors for health and medical malpractice insurers. Discussions with the HHS HRQ National Advisory Council Subcommittee regarding developing criteria for awarding demonstration program patient safety and medical liability grant from HHS. ABA supports pilot programs in the area of near-misses- type medical errors as part of the Patient Safety and Medical Liability Reform Demonstration grants. Communication to the Director of the CBO its views on a CBO letter of October 9, 2009, sent by CBO to Senator Hatch on the effects of proposals to limit costs related to medical malpractice. Oppose a proposed amendment to the Senate health care overhaul measure, H.R. 3590, that would limit the amount of fees that attorneys representing a plaintiff in a medical malpractice liability action could receive. S. 512 and H.R. 1237, the Fairness in Nursing Home Arbitration Act of 2009 would amend the Federal Arbitration Act (FAA) to invalidate mandatory binding pre-dispute arbitration clauses in agreements between long-term care facilities and residents

Lobbying with regard to medical malpractice liability as it relates to any health care reform proposal generally. H.R. 3962 (Affordable Health Care for America Act); specific interest in minority motion to recommit, not agreed to; to cap noneconomic damages, eliminate joint and several liability, and limit attorney contingency fees. H.R.3950 (Patient Protection and Affordable Care Act); specific interest in provisions relating to state-based demonstration projects relating to medical liability; and specific interest in proposed amendments relating to medical liability tort reform; including; Ensign amendment #2927 (offered and tabled by vote), and amendments that were filed but not offered: Corker amendment #3199; Ensign amendment #3035; Ensign amendment #3036; Ensign amendment #3152; Graham/Chambliss amendment #2829; Grassley amendment #3182 Grassley amendment #3244 Grassley amendment #3245; Grassley amendment #3247; Hutchinson amendment #3141; Hutchinson amendment #3210; Kyl amendment #3097; McConnell amendment #3145; Murkowski amendment #3255; and Snowe amendment #2948. H.R.1478/ S. 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009); to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.

Client expense: Not reported · Firm income: $50,000

H.R. 847/ S. 1334 (James Zadroga 9/11 Health and Compensation Act); specific interest in Title II relating to the September 11th Victim Compensation fund. Lobbying with regard to medical malpractice liability as it relates to any health care reform proposal generally. H.R. 3962 (Affordable Health Care for America Act); specific interest in Cantor motion to recommit, not agreed to; to cap non-economic damages, eliminate joint and several liability, and limit attorney contingency fees. H.R.3950 (Patient Protection and Affordable Care Act); specific interest in provisions relating to state-based demonstration projects relating to medical liability; and specific interest in proposed amendments relating to medical liability tort reform; including; Ensign amendment #2927(offered and tabled by vote), and 17 amendments that were filed but not offered: Baucus amendment #3263; Corker amendment #3199; Enisgn amendment #3035; Ensign amendment #3036; Ensign amendment #3152; Graham/Chambliss amendment #2829; Grassley amendment #3182 Grassley amendment #3244 Grassley amendment #3245; Grassley amendment #3247; Hutchinson amendment #3141; Hutchinson amendment #3210; Kyl amendment #3097; McConnell amendment #3145; Murkowski amendment #3255; Snowe amendment #2948; and Udall amendment #3259. H.R. 3961 (Medicare Physician Payment Reform Act); specific interest in Gingrey motion to recommit, not agreed to; to cap non-economic damages, eliminate joint and several liability, and limit attorney contingency fees. H.R.1478/ S. 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009); to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.

Client expense: $1,330,000 · Firm income: Not reported

H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009, would allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care H.R. 1255, To protect the interests of each resident of intermediate care facilities for the mentally retarded in class action lawsuits on behalf of such resident. H.R. 1508, S. 537, the Sunshine in Litigation Act Recommendations related to: federalizing state medical malpractice and product liability laws and health courts H.R. 2641, Workers Compensation Medicare set-aside legislation-would establish clear criteria for when a Workers Compensation Medicare set-aside should be reviewed; create certainty regarding the rules for establishing a Medicare set-aside; provide certainty to state-approved settlements; and reduce the delays now disrupting Workers Compensation programs across the country H.R. 3200, America's Affordable Health Choices Act of 2009 - provisions to pre-empt a portion of the states medical liability laws and to create health courts in which medical liability cases would be removed on a mandatory basis from the state court system.

Client expense: $290,000 · Firm income: Not reported

H.R. 847/ S. 1334 (James Zadroga 9/11 Health and Compensation Act); specific interest in Title II relating to the September 11th Victim Compensation fund. S. 391 (Healthy Americans Act); specific interest in provisions in Title VI and VII relating to payments to States for implementing measures related to liability for medical malpractice. Lobbying with regard to medical malpractice liability as it relates to any health care reform proposal generally. Affordable Health Choices Act (HELP Committee health care reform bill; unnumbered as of 9/30/2009); specific interest in amendments relating to liability for medical negligence: Hatch amendment #6, not agreed to; to shield doctors and hospitals from liability for medical malpractice while limiting the legal rights of patients who reside in rural and medically underserved communities. America's Healthy Future Act (Finance Committee health care reform bill; unnumbered as of 9/30/2009); specific interest in amendments relating to liability for medical negligence: Kyl amendment #C25, not agreed to; to cap non-economic damages in all civil medical liability actions against health care providers and health care institutions, to apply new restrictions on expert affidavits that must accompany any health care claim, to eliminate joint and several liability, and to pre-empt state law in civil medical liability actions. Cornyn amendment #D13, not agreed to; to dictate that all states receiving Medicaid funding enact a cap on non-economic damages for all civil medical liability actions against doctors and health care facilities. Ensign #D3, not agreed to; to cap non-economic damages and punitive damages, to eliminate joint and several liability, and to place additional restrictions on expert witnesses in all civil medical liability actions against health care providers and health care institutions. Ensign #D4, not agreed to; to provide increased Federal Medical Assistance Percentage funding for states that enact caps on non-economic damages and punitive damages, eliminate joint and several liability, and place additional restrictions on expert witnesses in all civil medical liability actions against health care providers and health care institutions. H.R. 3200 (America's Affordable Health Choices Act); specific interest in amendments relating to liability for medical negligence: Gordon amendment, adopted en bloc; to provide federal funding for states to develop and implement certificate of merit and early offers alternative litigation compensation models for medical malpractice. Deal amendment, not agreed to; to expand the Federal Tort Claims Act to cover medical providers of emergency services for emergency room patient screenings. Burgess amendment, not agreed to; to limit liability for emergency care, and to apply medical malpractice caps for lawsuits against health care providers for services and treatments for which a provider seeks Medicare or Medicaid reimbursement. H.R.1478/ S. 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009); to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care.

S.1679, Affordable Health Choices Act H.R. 3200, "America's Affordable Health Choices Act" America's Healthy Future Act of 2009 - Senate Finance Committee H.R. 1321, Healthy Americans Act - S. 391 Healthy Americans Act H.R. 2891, Frontline Providers Loan Repayment Act S. 1628, the Rural Physician Pipeline Act H.R. 1346, Medical Device Safety Act of 2009 S. 540, Medical Device Safety Act of 2009 H.R. 1478, Carmelo Rodriguez Military Medical Accountability Act of 2009 S. 1213, Patient-Centered Outcomes Research Act of 2009 H.R. 1776, Quality FIRST (From Incentives, Reporting, Standards, and Technology) Act H.R. 2502, Comparative Effectiveness Research Act of 2009 H.R. 1548, Pathway for Biosimilars Act H.R. 1427Promoting Innovation and Access to Life-Saving Medicine Act S. 726, Promoting Innovation and Access to Life-Saving Medicine Act H.R. 759, Food and Drug Administration (FDA) Globalization Act H.R. 3148, the Preventative Health Savings Act of 2009 S. 584 Complete the Streets Act of 2009 H.R. 1443, Complete the Streets Act of 2009 H.R. 1402, Catalyst to Better Diabetes Care bill The FY 2009 Emergency Supplemental Appropriations bill (P.L. 111-32) The American Recovery and Reinvestment Act of 2009 (P.L. 111-5) The Childrens Health Insurance Program (CHIP) Reauthorization Act (P.L. 111-3)

Client expense: $280,000 · Firm income: Not reported

Improvements in uniformed personnel programs, compensation and benefits. HR 2647, HR 2898, S 1390, HR 2346, HR 3326, HR 1478, HR 2503, HR 3320, HR 2647, S 1319, HR 2017, S 535, S 1285, HR 3203, HR 2875, S 931, HR 1182, S 475, HR 816, S 731, S 1169, S 1558, S 831, HR 208, HR 2874, HR 1182, HR 270, HR 2696, S 7, HR 2645, HR 2682, HR 2059, HR 3267, HR 2131, S 1008, S 1285, HR 3657, HR 1600, HR 3324, HR 2875, HR 2647, HR 2302 HR 1256, HR 3326, S 581, S 1543, S 1415, HR 3403, HR 1182, S 1668, S 831, S 731, SJ RES 10, HR 3554, HR 1864, HR 1592, HR 816, HR 1052, HR 972, HR 270, HR 208, HR RES 23, S 535, HR 2243, HR 809, HR 775, HR 613, S 1008, S 546, S 491, S 484, HR 2302, HR 1203, HR 593, HR 333, HR 303, HR 235, HR 484, S 581, H CON RES 64, S 1285, S 475, HR 2393, HR 2788, HR 3324, S 1106, HR 1182, HR 2398

Client expense: $129,832 · Firm income: Not reported

HR 1478/S 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009) to allow members of the Armed Forces to sue the United States for damages for injuries received as a result of negligent medical care

Client expense: Not reported · Firm income: $50,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

HR 1478/S 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009) to allow members of the Armed Forces to sue the United States for damages for injuries received as a result of negligent medical care

Client expense: Not reported · Firm income: $50,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009, would allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care S. 540 and H.R. 1346, the Medical Device Safety Act of 2009, would amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local requirements respecting devices S. 512 and H.R. 1237, the Fairness in Nursing Home Arbitration Act of 2009, would amend the Federal Arbitration Act (FAA) to invalidate mandatory binding pre-dispute arbitration clauses in agreements between long-term care facilities and residents H.R. 1508, S. 537, the Sunshine in Litigation Act Recommendations related to: federalizing state medical malpractice and product liability laws and health courts H.R. 2641, Workers Compensation Medicare set-aside legislation-would establish clear criteria for when a Workers Compensation Medicare set-aside should be reviewed; create certainty regarding the rules for establishing a Medicare set-aside; provide certainty to state-approved settlements; and reduce the delays now disrupting Workers Compensation programs across the country

Client expense: $330,000 · Firm income: Not reported

HR 1478/S 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009) to allow members of the Armed Forces to sue the United States for damages for injuries received as a result of negligent medical care

Client expense: Not reported · Firm income: $50,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 847/ S. 1334 (James Zadroga 9/11 Health and Compensation Act); specific interest in Title II relating to the September 11th Victim Compensation fund. S. 391 (Healthy Americans Act); specific interest in provisions in Title VI and VII relating to payments to States for implementing measures related to liability for medical malpractice. Lobbying with regard to medical malpractice liability as it relates to any health care reform proposal; also lobbying in response to Call to Action: Health Reform 2009 (a White Paper issued by Senator Baucus); specific interest in proposed health courts and other malpractice compensation models. Affordable Health Choices Act (HELP Committee health care reform bill; unnumbered as of 6/30/09); specific interest in amendments relating to liability for medical negligence: Coburn amendment #88, not offered as of 6/30/09; to establish a grant program for states to develop, implement, and evaluate three alternative models to the current tort litigation system, including an expert review panel, an administrative health care tribunal, and a combination of these systems. Enzi amendment #2, withdrawn; to provide federal funding for states to develop and implement alternative compensation models for medical malpractice. Gregg amendment #29, not offered as of 6/30/09; to limit the legal rights of patients injured by negligent medical care. Gregg amendment #30, not agreed to; to place caps on damages in medical malpractice suits for grievances regarding obstetrical and gynecological services. Hatch amendment #5, not offered as of 6/30/09; to shield doctors and hospitals from liability for medical malpractice while limiting the legal rights of patients who seek emergency room services. Hatch amendment #6, not offered as of 6/30/09; to shield doctors and hospitals from liability for medical malpractice while limiting the legal rights of patients who reside in rural and medically underserved communities. Hatch amendment #8, withdrawn; to prohibit the conclusions and recommendations of the Center for Health Outcomes Research and Evaluation from being used by a plaintiff in a civil action against a health care provider, health care organization, or the manufacturer or seller of a medical product. H.R.1478/ S. 1347 (Carmelo Rodriguez Military Medical Accountability Act of 2009); to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care. H.R. 1998 (Health Care Safety Net Enhancement Act); to amend the Public Health Service Act to include emergency services and other related services pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA), and to provide liability protection for hospitals, physicians, and other licensed independent practitioners who provide services to patients covered by EMTALA. H.R. 1188 (Access to Emergency Medical Services Act); specific interest in provision calling for the establishment of a United States Bipartisan Commission on Access to Emergency Medical Services to study emergency services pursuant to the Emergency Medical Treatment and Active Labor Act (EMTALA) including the potential legal liability of health care professionals and providers with respect to services furnished under EMTALA. H.R. 1745 (Family Health Care Accessibility Act); to amend the Public Health Service Act to cover the liability of volunteer practitioners at health centers under section 330 of such Act.

H.R. 1346, Medical Device Safety Act of 2009 H.R. 1478, Carmelo Rodriguez Military Medical Accountability Act of 2009

Client expense: $280,000 · Firm income: Not reported

Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), SENATE

H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009, would allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care S. 540 and H.R. 1346, the Medical Device Safety Act of 2009, would amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local requirements respecting devices S. 512 and H.R. 1237, the Fairness in Nursing Home Arbitration Act of 2009, would amend the Federal Arbitration Act (FAA) to invalidate mandatory binding pre-dispute arbitration clauses in agreements between long-term care facilities and residents Recommendations related to: federalizing state medical malpractice and product liability laws and health courts

Client expense: $240,000 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Defense, Dept of (DOD), Environmental Protection Agency (EPA), Federal Trade Commission (FTC), General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Housing & Urban Development, Dept of (HUD), Justice, Dept of (DOJ), Labor, Dept of (DOL), Legal Services Corporation, Office of Management & Budget (OMB), SENATE, Securities & Exchange Commission (SEC), Social Security Administration (SSA), Treasury, Dept of, U.S. Copyright Office, U.S. Trade Representative (USTR), White House Office