I
107TH CONGRESS
2D SESSION
H. R. 5434
To establish an Emergency Malpractice Liability Insurance Commission.
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 Emergency Malpractice Liability Insurance
Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Emergency Malpractice Liability Insurance Commission
(EMLIC) Act’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Commission.
Sec. 3. Duties of the Commission.
Sec. 4. Final report; Congressional hearings.
Sec. 5. Powers of Commission.
Sec. 6. Commission personnel matters.
Sec. 7. Authorization of appropriations; GAO audit.
Sec. 8. Termination of Commission.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as Emergency Malpractice Liability
Insurance Commission (in this Act referred to as the
‘‘Commission’’).
(b) PURPOSE.—The Commission shall examine the
causes of soaring medical malpractice premiums and pro-
pose a comprehensive strategy to combat the con-
sequences.
(c) MEMBERSHIP OF COMMISSION.—
(1) COMPOSITION.—The commission shall be
composed of 12 members of whom—
(A) 4 shall be appointed by the President,
1 of whom shall be appointed to represent phy-
sicians’ interests, 1 of whom shall be appointed
to represent malpractice liability insurers, 1 of
whom shall be appointed to represent lawyers’
interests, and 1 of whom shall be appointed to
represent consumer protection interests;
(B) 1 Senator and 1 other individual shall
be appointed by the President pro tempore of
the Senate upon the recommendation of the
Majority Leader of the Senate;
(C) 1 Senator and 1 other individual shall
be appointed by the President pro tempore of
the Senate upon the recommendation of the Mi-
nority Leader of the Senate;
(D) 1 Member of the House of Representa-
tives and 1 other individual shall be appointed
by the Speaker of the House of Representatives;
and
(E) 1 Member of the House of Representa-
tives and 1 other individual shall be appointed
by the Minority Leader of the House of Rep-
resentatives.
(2) QUALIFICATIONS OF MEMBERS.—
(A) PRESIDENTIAL
APPOINTMENTS.—Of
the individuals appointed under paragraph
(1)(A), not more than 1 may be an officer, em-
ployee, or paid consultant of the Executive
Branch.
(B) OTHER
APPOINTMENTS.—Individuals
who are not Members of Congress, appointed
under subparagraph (B), (C), (D), or (E) of
paragraph (1), shall be individuals who—
(i) have expertise in medicine, insur-
ance, law, consumers affairs, or have other
pertinent qualifications or experience; and
(ii) are not officers or employees of
the United States.
(C) OTHER CONSIDERATIONS.—In appoint-
ing Commission members, every effort shall be
made to ensure that the members—
(i) represent a broad cross section of
regional and political perspectives in the
United States; and
(ii) provide fresh insights to analyzing
the medical malpractice insurance crisis
(d) PERIOD OF APPOINTMENT; VACANCIES.—
(1) IN GENERAL.—Members shall be appointed
not later than 60 days after the date of enactment
of this Act and the appointment shall be for the life
of the Commission.
(2) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(e) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold its first meet-
ing.
(f) MEETINGS.—The Commission shall meet at the
call of the Chairperson.