The House in Committee of the Whole House on the state of the Union had under consideration the bill (H.R. 5) to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system:
Mr. TERRY. Mr. Chair, I support full repeal of the Independent Payment Advisory Board. The health reform law takes away power that has traditionally been left to Congress, and places health care decisions in the hands of an unelected, board of bureaucrats.
Unfortunately, the House has decided to attach a bipartisan bill to repeal the IPAB, with legislation that is unconstitutional and I believe a federalization of our tort reform system. This is a blatant violation of Article 1, Section 8 and a violation of the 10th Amendment.
Tort law is an area of law traditionally left completely to states discretion. In fact, it's one of the few rights left to the states. Most states have implemented some form of medical liability laws. It is not the federal government's role to say that one state's laws are better than another's or even mandate one state's beliefs on another.
Many of us believe the health reform law is a government takeover of our health care system. If one considers themself to be a true state's rights person, why do we give states the latitude and ability to do it, and then take it away with a one-size-fits all mandate from the federal government.