I
103D CONGRESS
1ST SESSION
H. R. 1572
To award grants to States to promote the development of alternative dispute
resolution systems for medical malpractice claims, to generate knowledge
about such systems through expert data gathering and assessment activi-
ties, to promote uniformity and to curb excesses in State liability systems
through federally-mandated liability reforms, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 31, 1993
Mr. KYL (for himself, Mr. STENHOLM, Mr. STUMP, Mr. SAM JOHNSON of
Texas, Mrs. JOHNSON of Connecticut, Mr. BARTON of Texas, Mr.
KOLBE, and Mr. GINGRICH) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To award grants to States to promote the development of
alternative dispute resolution systems for medical mal-
practice claims, to generate knowledge about such sys-
tems through expert data gathering and assessment ac-
tivities, to promote uniformity and to curb excesses in
State liability systems through federally-mandated liabil-
ity reforms, 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 Care Injury
Compensation Reform Act of 1993’’.
SEC. 2. FINDINGS; PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) the health care and insurance industries are
industries affecting interstate commerce and the
medical malpractice litigation systems existing
throughout the United States affect interstate com-
merce by contributing to the high cost of health care
and premiums for malpractice insurance purchased
by health care providers;
(2) the Federal Government has a major inter-
est in health care as a direct provider of health care
through the Public Health Service, as a source of
payment for health care through Medicare, Medic-
aid, and other programs, and has a demonstrated in-
terest in assessing the quality of care, access to care,
and the costs of care through the evaluative activi-
ties of several Federal agencies;
(3) there is increasing concern that health care
liability claims have significant negative effects on
the health care system, including—
(A) increasing costs attributable to defen-
sive medical practices, including the rising cost
of medical liability insurance and costs attrib-
utable to the inefficiencies in the civil justice
system;
(B) adverse effects on the quality of health
care through the encouragement of defensive
health care practices including unnecessary
tests and procedures; and
(C) adverse effects on patient access to
care because the fear of liability discourages
health care professionals from continuing to
practice in high risk specialties and certain geo-
graphic regions of the country;
(4) it has been demonstrated that the civil jus-
tice system is a costly, inefficient, and inequitable
mechanism for resolving claims against health care
providers and producers;
(5) a disproportionately large percentage of
funds expended to compensate patients who suffer
health care injuries is distributed to a few individ-
uals, while others are denied adequate compensation;
(6) an exorbitant portion of awards in medical
malpractice actions goes towards paying the trans-
action costs of the judicial system rather than com-
pensating individuals for health care injuries; and
(7) there is optimism that alternative dispute
resolution systems have the potential to significantly