To provide for the establishment of medical malpractice insurance corporations which may operate and function without hindrance or impedance in any or all of the States, to limit frivolous medical malpractice lawsuits, and for other purposes.

Summary: Medical Malpractice Insurance Corporation Act - Authorizes the establishment of corporations to provide medical malpractice insurance to health care professionals and providers based on customary coverage terms and liability amounts. Requires the Secretary of Health and Human Services to certify corporations as medical malpractice insurance corporations if they meet the requirements of this Act, which include that excess earnings of such corporations are used to reduce premiums paid by the insured. Allows such corporations to operate and function without hindrance or impedance in all states.

Prohibits any medical malpractice liability action from being brought against a health care professional or provider without an affidavit from a qualified specialist or medical expert that there is a reasonable and meritorious cause for filing the action.

Requires the Secretary to establish medical malpractice arbitration panels to hear and render decisions on all medical malpractice claims. Mandates participation in such panels. Allows participants dissatisfied with the results to bring a federal civil action.

Requires the Attorney General to proscribe regulations to ensure that such arbitration: (1) is affordable; (2) encourages timely resolution of medical malpractice claims; (3) encourages the consistent and fair resolution of such claims; and (4) provides for reasonable convenient access to dispute resolution.

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    (a) Qualified Expert Opinion.--
            (1) Accompanying affidavit.--No medical malpractice 
        liability action may be brought against a health care 
        professional or a health care provider by any claimant unless, 
        at the time the claimant brings the action (except as provided 
        in subsection (c)), it is accompanied by the affidavit of a 
        qualified specialist or medical expert containing the 
        information required by paragraph (2).
            (2) Contents of affidavit.--To satisfy the requirements of 
        paragraph (1), the affidavit shall include the specialist's or 
        expert's statement of belief that, based on a review of the 
        available medical record and other relevant material, there is 
        a reasonable and meritorious cause for the filing of the 
        action.
    (b) Qualified Specialist or Medical Expert.--With respect to a 
medical malpractice liability action, a qualified specialist or medical 
expert is a person who has been so recognized by the Secretary or has 
received proper accreditation from the medical licensing board of any 
State, such that such qualified specialist or medical expert is 
recognized--
            (1) to be knowledgeable in the relevant issues involved in 
        the action;
            (2) to practice (or to have practiced) or to teach (or to 
        have taught) in the same area of health care or medicine that 
        is at issue in the action; and
            (3) in the case of an action against a physician, to be 
        board certified in a speciality relating to that area of 
        medicine.
    (c) Extension in Certain Instances.--
            (1) Unavailability of adequate medical records.--Subject to 
        paragraph (2), subsection (a) shall not apply with respect to a 
        claimant who brings a medical malpractice liability action 
        without submitting an affidavit described in such subsection 
        if, as of the time the claimant brings the action, the claimant 
        certifies that adequate medical records or other information 
        necessary to prepare the affidavit are unavailable.
            (2) Time limit.--In the case of an claimant who brings an 
        action for which paragraph (1) applies, the action shall be 
        dismissed unless the claimant submits the affidavit described 
        in subsection (a) not later than 120 days after commencement of 
        the action.
    (d) Medical Malpractice Arbitration Panels.--
            (1) Establishment.--The Secretary of Health and Human 
        Services shall provide for the establishment of medical 
        malpractice arbitration panels which shall hear and render a 
        decision on all medical malpractice claims.
            (2) Composition of arbitration panels.--Arbitration shall 
        be conducted by one or more arbitrators who--
                    (A) are qualified specialists or medical experts; 
                and
                    (B) are selected by agreement of the parties, or, 
                if the parties do not agree, who are qualified under 
                applicable State law and selected by the court.
            (3) Mandatory participation and dissatisfaction.--
                    (A) Mandatory participation.--Participation in 
                arbitration to resolve a medical malpractice claim is 
                mandatory, and shall be in lieu of any other 
                alternative dispute resolution method required by any 
                other law or by any contractual arrangement made by or 
                on behalf of the parties to the arbitration before the 
                commencement of the action.
                    (B) Dissatisfaction.--Any party dissatisfied with a 
                determination reached by a medical malpractice 
                arbitration panel with respect to a medical malpractice 
                claim as a result of such arbitration shall not be 
                bound by such determination, and may bring a civil 
                action in any Federal district court of competent 
                jurisdiction within the 30-day period beginning on the 
                date such determination was reached. The determination 
                of such arbitration, and all statements, offers, and 
                communications made during such arbitration, shall be 
                inadmissible for purposes of adjudicating such action.
            (4) Frivolousness.--
                    (A) Federal district court.--Except as provided in 
                subparagraph (B), if a medical malpractice arbitration 
                panel determines a medical malpractice claim to be 
                frivolous, the panel shall dismiss such claim. If such 
                claim is dismissed, the claimant may bring a civil 
                action in any Federal district court of competent 
                jurisdiction. If the defendant prevails in such action, 
                the court may, in its discretion and as the interests 
                of justice require, assess against the claimant a 
                reasonable attorney's fee and other litigation costs 
                and expenses (including expert fees) reasonably 
                incurred.
                    (B) Exception.--If a medical malpractice 
                arbitration panel is unable to determine if a medical 
                malpractice claim is frivolous, the panel may dismiss 
                such claim. If such claim is dismissed, the claimant 
                may bring a civil action in any Federal district court 
                of competent jurisdiction. If the claimant prevails in 
                such action, each party shall individually be 
                responsible for reasonable attorney's fee and other 
                litigation costs and expenses (including expert fees) 
                reasonably incurred.
            (5) Disclosure.--Each State shall disclose to residents of 
        the State the procedures relating to arbitration and formal 
        adjudication for resolution of medical malpractice claims.
            (6) Additional requirements.--The Attorney General, in 
        consultation with the Secretary for Health and Human Services, 
        shall proscribe regulations to ensure that medical malpractice 
        arbitration is carried out in a manner that--
                    (A) is affordable for the parties involved;
                    (B) encourages timely resolution of medical 
                malpractice claims;
                    (C) encourages the consistent and fair resolution 
                of such claims; and
                    (D) provides for reasonably convenient access to 
                dispute resolution.
    (e) Effective Date.--This section shall apply with respect to any 
medical malpractice claim that arises more than 180 days after the date 
of the enactment of this Act.

SEC. 5. PREEMPTION.

    The provisions of this Act shall preempt any State law to the 
extent such law is inconsistent with the provisions of this Act.