I 
109TH CONGRESS 
1ST SESSION H. R. 1546
To provide grants to States for health care tribunals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2005
Mr. THORNBERRY introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide grants to States for health care tribunals, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medical Liability Pro-
cedural Reform Act of 2005’’. 
SEC. 2. GRANTS FOR HEALTH CARE TRIBUNALS. 
(a) GRANTS AUTHORIZED.—The Attorney General 
may award grants to States for the development, imple-
mentation, and evaluation of health care tribunals. 
(b) DURATION.—The Attorney General may award 
up to 7 grants under subsection (a) and each grant award-
ed under such subsection may not exceed a period of 10 
years. 
(c) APPLICATION.—Each State desiring a grant 
under subsection (a) shall submit to the Attorney General 
an application, at such time, in such manner, and con-
taining such information as the Attorney General may re-
quire. 
(d) REPORT.—Each State receiving a grant under 
subsection (a) shall submit to the Attorney General a re-
port evaluating the effectiveness of activities funded with 
grants awarded under such subsection at such time and 
in such manner as the Attorney General may require. 
(e) TECHNICAL ASSISTANCE.—The Attorney General 
shall provide technical assistance to the States awarded 
grants under subsection (a). Such technical assistance 
shall include the development, in consultation with States, 
of common definitions, formats, and data collection infra-
structure for States receiving grants under this section to 
use in reporting to facilitate aggregation and analysis of 
data both within and between States. The technical assist-
ance shall also include guidance about identification and 
selection of health care tribunal judges and independent 
expert witnesses, compensation of injured patients, and 
clinical resources relating to the standard of care. States 
not receiving grants under this section may also use such
common definitions, formats, data collection infrastruc-
ture, and other guidance from the Attorney General per-
taining to health care tribunals. 
(f) EVALUATION.—
(1) IN GENERAL.—The Attorney General shall 
enter into a contract with an appropriate research 
organization to conduct an overall evaluation of the 
effectiveness of grants awarded under subsection (a) 
and to annually prepare and submit a report to the 
appropriate committees of Congress. Such an eval-
uation shall begin not later than 18 months fol-
lowing the date of implementation of the first pro-
gram funded by a grant under subsection (a). 
(2) CONTENTS.—The evaluation under para-
graph (1) shall include an analysis of the effect of 
the grants awarded under subsection (a) on—
(A) the number, nature, and costs of 
health care liability claims; 
(B) the liability environment; 
(C) health care quality; and 
(D) patient safety. 
(g) DEFINITIONS.—In this section: 
(1) HEALTH
CARE
TRIBUNAL.—The term 
‘‘health care tribunal’’ means a trial court or admin-
istrative tribunal—
(A) the sole function of which is for the 
adjudication of disputes over injuries allegedly 
caused by health care providers; 
(B) to which all or a portion of such dis-
putes within a jurisdiction are assigned; 
(C) the decisions of which are final, bind-
ing, and appealable; and 
(D) the judges for which have health care 
expertise and render decisions about the stand-
ard of care in dispute adjudication, with reli-
ance on independent expert witnesses commis-
sioned by the court. 
(2) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means any individual or enti-
ty licensed, registered, or certified under Federal or 
State laws or regulations to provide health care serv-
ices, but does not include any manufacturer of drugs 
or devices. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. Amounts appropriated 
pursuant to this subsection shall remain available until ex-
pended.
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