I
107TH CONGRESS
2D SESSION
H. R. 5435
To establish an Office of Health Care Competition within the Department
of Health and Human Services to administer the National Practitioner
Data Bank and to collect and make available to the public more informa-
tion on medical malpractice insurance under that Data Bank.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 24, 2002
Mr. DEFAZIO introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To establish an Office of Health Care Competition within
the Department of Health and Human Services to ad-
minister the National Practitioner Data Bank and to
collect and make available to the public more information
on medical malpractice insurance under that Data Bank.
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 ‘‘Improved Medical Mal-
practice Information Reporting and Competition Act of
2002’’.
SEC. 2. ESTABLISHMENT OF OFFICE OF HEALTH CARE
COMPETITION WITHIN THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
(a) IN GENERAL.—There is established within the
Department of Health and Human Services an Office to
be known as the Office of Health Care Competition Policy
(in this section referred to as the ‘‘Office’’). The Office
shall be headed by a Director, who shall be appointed by
the Secretary of such Department.
(b) DUTIES.—
(1) RESPONSIBILITY
FOR
NATIONAL
PRACTI-
TIONER DATA BASE.—The Office shall be responsible
for activities of the Secretary under part B of title
IV of the Health Care Quality Improvement Act of
1986 (title IV of Public Law 99–660), including the
National Practitioner Data Base under such part.
(2) ANNUAL REPORT.—The Director of the Of-
fice shall submit a report each year to the Secretary
of Health and Human Services on activities con-
ducted under such part.
SEC. 3. CHANGES IN NATIONAL PRACTITIONER DATA BASE
PROVISIONS.
(a) REQUIRING ADDITIONAL REPORTS ON MEDICAL
MALPRACTICE INSURANCE AND CLAIMS.—Part B of title
IV of the Health Care Quality Improvement Act of 1986
(title IV of Public Law 99–660) is amended by inserting
after section 421 the following new section:
‘‘SEC. 421A. REQUIRING REPORTS ON MEDICAL MAL-
PRACTICE INSURANCE AND CLAIMS.
‘‘(a) IN GENERAL.—Each entity (including an insur-
ance company) which underwrites a policy of insurance for
medical malpractice actions or claims shall report, in ac-
cordance with section 424, information respecting such in-
surance and claims for payment under such policy. Such
information shall be in addition to, and may be coordi-
nated with, the information required to be reported under
section 421.
‘‘(b) INFORMATION TO BE REPORTED.—The infor-
mation to be reported under subsection (a) by an entity
with resepect to a medical malpractice insurance policy
includes—
‘‘(1) the number of such policies of the entity
that are in effect;
‘‘(2) the amount of the premiums collected
under each such policy;
‘‘(3) with respect to each medical malpractice
action or claim brought under such a policy—
‘‘(A) a description of the physician, or
other licensed health care practitioner or health
care provider against whom the action or claim
is brought, the insuring entity, and the prin-
cipal trial (or other) lawyer defending against
the action or claim, and
‘‘(B) the outcome of such action or claim
(including settlements and verdicts);
‘‘(4) a description of the acts or omissions and
injuries or illnesses upon which the action or claim
was based; and
‘‘(5) such other information as the Secretary
determines is required for appropriate interpretation
of information reported under this section.
‘‘(c) SANCTIONS FOR FAILURE TO REPORT.—The
provisions of section 421(c) shall apply to information re-
quired to be reported under this section in the same man-
ner as they apply to the reporting of information on a pay-
ment required to be reported under section 421.
‘‘(d) COORDINATION
OF
INFORMATION
REPORT-
ING.—The Secretary shall provide for the coordination of
reporting of information under this section with the re-
porting of related information under section 421.’’.
(b) INCLUSION
AND AVAILABILITY
OF INFORMA-
TION.—Section 427(b) of such Act (42 U.S.C. 11137(b))
is amended by adding at the end the following new para-
graph: