For that reason I think Democrats need to hold their noses and pass the bill with the tort cap included. While it is true that Republicans are engaging in hostage taking and you risk encouraging such behavior by giving in, there are some mitigating factors.
- One of the central purposes of CCO's is to save money by reducing unnecessary or ineffective care. The tort cap may be politically undesirable and only marginally effective, but however slightly it still promotes the goals of the CCO. Tacking this on isn't as irresponsible as would be say, a demand for PERS reform or tax cuts.
- Passing the CCO bill with a tort cap does not forestall pursuing more effective tort reform in the next session. Passage of a more comprehensive reform which affected all providers state wide would render the CCO compromise moot. And make no mistake, there is ample reason to pursue tort reform quite apart from CCO's.