Health Care

Monday, November 23, 2009 4:45 PM

Lawyers, Beverage Lobby 'Cautiously Optimistic'

By Jason Plautz, NationalJournal.com

Updated Nov. 24 at 10:20 a.m.

With the passage of the House health care bill and the release of the Senate bill, observers now have a better idea of what a final bill might look like. For two major lobbying groups in the debate, the results are promising. Tort reform and the sugary beverage tax, two controversial proposed measures, were largely kept out of the bills, and the trial lawyers and beverage industry say that's a good sign.

"We're cautiously optimistic, but so far so good," said Kevin Keane, spokesman for the American Beverage Association. "Clearly the process has some important steps yet to go."

Ray De Lorenzi, communications director with the American Assocation for Justice, echoed that statement. Though he said he was encouraged by the fact that the only mention of tort reform in either bill was incentive payments to states with medical liability alternatives, he said the trial lawyers lobbying group expected the issue to come back.

"In the House bill, the motion to recommit was focused on tort reform," De Lorenzi said. "It seems like opponents of health care reform don't have any substantial ideas except restricting the rights of patients injured through no fault of their own."

Both groups noted that the bills still have a long way to go and said they don't plan on letting up. The sudden re-emergence of the plastic surgery tax in the Senate bill after it had been all but written off serves as a cautionary tale.

"That's why you don't let off the pedal during the legislative process," Keane said. "A lot can happen. So far we've received good support from lawmakers, which is why we're not in any piece of legislation. But there's no time to take things for granted."

The lobbying effort during the health care debate has been intense, with more than $422 million spent in just the first nine months of the year. De Lorenzi said his group would continue running print, radio and online ads as needed. Keane said his group would do the same, though he noted that its advertising had leveled off recently as the beverage tax seemed to fade from the discussion.

"We know that anything can happen until the legislation is through Congress and on the president's desk," Keane said.

CORRECTION: The original version of this report did not state that the House bill contains incentives for liability alternatives.

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