‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘health providers’ means physicians and other health 
professionals, and organizations that provide health serv-
ices (including hospitals, clinics, and group practices), that 
meet applicable legal requirements to provide the health 
services involved.’’. 
SEC. 302. HEALTH PROFESSIONAL ASSIGNMENTS TO TRAU-
MA CENTERS THROUGH NATIONAL HEALTH 
SERVICE CORPS. 
Section 338H of the Public Health Service Act (42 
U.S.C. 254q) is amended by adding at the end the fol-
lowing subsection: 
‘‘(d) TRAUMA CENTERS; SEPARATE AUTHORIZATION 
REGARDING SHORTAGES RESULTING FROM COSTS OF 
MEDICAL MALPRACTICE INSURANCE.— 
‘‘(1) IN GENERAL.—For the purpose of assign-
ing Corps surgeons, obstetricians/gynecologists, and 
other health professionals to trauma centers in 
health professional shortage areas described in para-
graph (2), there are authorized to be appropriated 
such sums as may be necessary for each of the fiscal 
years 2005 through 2008. Such authorization is in 
addition to any other authorization of appropriations 
that is available for such purpose.
‘‘(2) DESCRIPTION OF AREAS.—A health pro-
fessional shortage area referred to in paragraph (1) 
is such an area in which, as determined by the Sec-
retary, a medical facility in the area has lost its des-
ignation as a trauma center or as a particular level 
of trauma center, or is at significant risk of losing 
such a designation, as a result of one or more sur-
geons, obstetricians/gynecologists, or other health 
professionals making the decision to cease or curtail 
practicing at the facility because of the costs of 
maintaining malpractice insurance. For purposes of 
paragraph (1), (A) the term ‘trauma center’ includes 
such a medical facility; and (B) the Secretary may 
adjust the criteria for designation as a health profes-
sional shortage area to the extent necessary to make 
funds appropriated under paragraph (1) available 
with respect to any medical facility to ensure that 
the facility does not lose any such designation as a 
result of such decisions by health professionals.’’. 
TITLE IV—INDEPENDENT ADVI-
SORY COMMISSION ON MED-
ICAL 
MALPRACTICE 
INSUR-
ANCE 
SEC. 401. ESTABLISHMENT. 
(a) FINDINGS.—The Congress finds as follows:
(1) The sudden rise in medical malpractice pre-
miums in regions of the United States can threaten 
patient access to doctors and other health providers. 
(2) Improving patient access to doctors and 
other health providers is a national priority. 
(b) ESTABLISHMENT.—There is established a na-
tional commission to be known as the ‘‘Independent Advi-
sory Commission on Medical Malpractice Insurance’’ (in 
this title referred to as the ‘‘Commission’’). 
SEC. 402. DUTIES. 
(a) IN GENERAL.—The Commission shall evaluate 
the causes and scope of the recent and dramatic increases 
in medical malpractice insurance premiums and formulate 
additional proposals to reduce such medical malpractice 
premiums and make recommendations to avoid any dra-
matic increases in medical malpractice premiums in the 
future, in light of proposals for tort reform regarding med-
ical malpractice. 
(b) CONSIDERATIONS.—In formulating proposals 
under this section, the Commission shall, at a minimum, 
consider the following: 
(1) Alternatives to the current medical mal-
practice tort system that would ensure adequate 
compensation for patients, preserve access to pro-
viders, and improve health care safety and quality.
(2) Modifications of, and alternatives to, the ex-
isting State and Federal regulations and oversight 
that affect, or could affect, medical malpractice lines 
of insurance. 
(3) State and Federal reforms that would dis-
tribute the risk of medical malpractice more equi-
tably among health care providers. 
(4) State and Federal reforms that would more 
evenly distribute the risk of medical malpractice 
across various categories of providers. 
(5) The effect of a Federal medical malpractice 
reinsurance program administered by the Depart-
ment of Health and Human Services. 
(6) The effect of a Federal medical malpractice 
insurance program, administered by the Department 
of Health and Human Services, to provide medical 
malpractice insurance based on customary coverage 
terms and liability amounts in States where such in-
surance is unavailable or is unavailable at reasonable 
and customary terms. 
(7) Programs that would reduce medical errors 
and increase patient safety, including new innova-
tions in technology and management.
SEC. 403. REPORT. 
(a) IN GENERAL.—The Commission shall transmit to 
Congress— 
(1) an initial report not later than 180 days 
after the date of the initial meeting of the Commis-
sion; and 
(2) a report not less than each year thereafter 
until the Commission terminates. 
(b) CONTENTS.—Each report transmitted under this 
section shall contain a detailed statement of the findings 
and conclusions of the Commission, including proposals 
for addressing the current dramatic increases in medical 
malpractice insurance rates and recommendations for 
avoiding any such dramatic increases in the future. 
(c) VOTING AND REPORTING REQUIREMENTS.—With 
respect to each proposal or recommendation contained in 
the report submitted under subsection (a), each member 
of the Commission shall vote on the proposal or rec-
ommendation, and the Commission shall include, by mem-
ber, the results of that vote in the report. 
SEC. 404. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 15 members appointed by the Sec-
retary of Health and Human Services. 
(b) MEMBERSHIP.—
(1) IN
GENERAL.—The membership of the 
Commission shall include individuals with national 
recognition for their expertise in health finance and 
economics, actuarial science, medical malpractice in-
surance, insurance regulation, health care law, 
health care policy, health care access, allopathic and 
osteopathic physicians, other providers of health care 
services, patient advocacy, and other related fields, 
who provide a mix of different professionals, broad 
geographic representations, and a balance between 
urban and rural representatives. 
(2) INCLUSION.—The membership of the Com-
mission shall include the following: 
(A) Two individuals with expertise in 
health finance and economics, including one 
with expertise in consumer protections in the 
area of health finance and economics. 
(B) Two individuals with expertise in med-
ical malpractice insurance, representing both 
commercial insurance carriers and physician- 
sponsored insurance carriers. 
(C) An individual with expertise in State 
insurance regulation and State insurance mar-
kets. 
(D) An individual representing physicians.
(E) An individual with expertise in issues 
affecting hospitals, nursing homes, nurses, and 
other providers. 
(F) Two individuals representing patient 
interests. 
(G) Two individuals with expertise in 
health care law or health care policy. 
(H) An individual with expertise in rep-
resenting patients in malpractice lawsuits. 
(3) MAJORITY.—The total number of individ-
uals who are directly involved with the provision or 
management of malpractice insurance, representing 
physicians or other providers, or representing physi-
cians or other providers in malpractice lawsuits, 
shall not constitute a majority of the membership of 
the Commission. 
(4) ETHICAL DISCLOSURE.—The Secretary of 
Health and Human Services shall establish a system 
for public disclosure by members of the Commission 
of financial or other potential conflicts of interest re-
lating to such members. 
(c) TERMS.— 
(1) IN GENERAL.—The terms of the members 
of the Commission shall be for 3 years except that 
the Secretary of Health and Human Services shall
designate staggered terms for the members first ap-
pointed. 
(2) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. A vacancy in the Commission shall be filled 
in the manner in which the original appointment was 
made. 
(3) COMPENSATION.—Members of the Commis-
sion shall be compensated in accordance with section 
1805(c)(4) of the Social Security Act. 
(4) CHAIRMAN; VICE
CHAIRMAN.—The Sec-
retary of Health and Human Services shall des-
ignate at the time of appointment a member of the 
Commission as Chairman and a member as Vice 
Chairman. In the case of vacancy of the Chairman-
ship or Vice Chairmanship, the Secretary may des-
ignate another member for the remainder of that 
member’s term. 
(5) MEETINGS.— 
(A) IN GENERAL.—The Commission shall 
meet at the call of the Chairman.
(B) INITIAL MEETING.—The Commission 
shall hold an initial meeting not later than the 
date that is 1 year after the date of the enact-
ment of this title, or the date that is 3 months 
after the appointment of all the members of the 
Commission, whichever occurs earlier. 
SEC. 405. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS. 
Subject to such review as the Secretary of Health and 
Human Services deems necessary to assure the efficient 
administration of the Commission, the Commission may— 
(1) employ and fix the compensation of an Ex-
ecutive Director (subject to the approval of the Sec-
retary) and such other personnel as may be nec-
essary to carry out its duties (without regard to the 
provisions of title 5, United States Code, governing 
appointments in the competitive service); 
(2) seek such assistance and support as may be 
required in the performance of its duties from ap-
propriate Federal departments and agencies; 
(3) enter into contracts or make other arrange-
ments, as may be necessary for the conduct of the 
work of the Commission (without regard to section 
3709 of the Revised Statutes (41 U.S.C. 5));
(4) make advance, progress, and other pay-
ments which relate to the work of the Commission; 
(5) provide transportation and subsistence for 
persons serving without compensation; and 
(6) prescribe such rules and regulations as it 
deems necessary with respect to the internal organi-
zation and operation of the Commission. 
SEC. 406. POWERS. 
(a) OBTAINING OFFICIAL DATA.—The Commission 
may secure directly from any department or agency of the 
United States information necessary to enable it to carry 
out this section. Upon request of the Chairman, the head 
of that department or agency shall furnish that informa-
tion to the Commission on an agreed upon schedule. 
(b) DATA COLLECTION.—In order to carry out its 
functions, the Commission shall— 
(1) utilize existing information, both published 
and unpublished, where possible, collected and as-
sessed either by its own staff or under other ar-
rangements made in accordance with this section, in-
cluding data collected by the Administrator of the 
Medical Malpractice Insurance Information Adminis-
tration under section 501;
(2) carry out, or award grants or contracts for, 
original research and experimentation, where exist-
ing information is inadequate; and 
(3) adopt procedures allowing any interested 
party to submit information for the Commission’s 
use in making reports and recommendations. 
(c) ACCESS OF GENERAL ACCOUNTING OFFICE TO 
INFORMATION.—The Comptroller General of the United 
States shall have unrestricted access to all deliberations, 
records, and nonproprietary data of the Commission, im-
mediately upon request. 
(d) PERIODIC AUDIT.—The Commission shall be sub-
ject to periodic audit by the Comptroller General of the 
United States. 
SEC. 407. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as may be necessary to carry out this 
title for each of fiscal years 2005 through 2009. 
(b) REQUESTS FOR APPROPRIATIONS.—The Commis-
sion shall submit requests for appropriations in the same 
manner as the Secretary of Health and Human Services 
submits requests for appropriations, but amounts appro-
priated for the Commission shall be separate from 
amounts appropriated for the Secretary.
TITLE 
V—MEDICAL 
MAL-
PRACTICE 
INSURANCE 
IN-
FORMATION 
ADMINISTRA-
TION 
SEC. 501. ESTABLISHMENT. 
(a) IN GENERAL.—Within the Department of Health 
and Human Services there is established the Medical Mal-
practice Insurance Information Administration to be head-
ed by an Administrator (in this title referred to as the 
‘‘Administration’’), appointed by the Secretary of Health 
and Human Services. 
(b) DUTIES.—Not later than 180 days after the date 
of the enactment of this Act the Administrator shall, by 
regulation, identify the types of data that are necessary 
to properly evaluate the medical malpractice insurance 
market. Such types of data shall include at least the fol-
lowing: 
(1) The frequency of medical malpractice claims 
paid. 
(2) The severity of medical malpractice claims 
paid. 
(3) The portion of losses for medical mal-
practice claims as part of settlements.
(4) The portion of losses for medical mal-
practice claims both awarded and paid as the result 
of trial verdicts. 
(5) The division of losses for medical mal-
practice claims between economic and noneconomic 
damages. 
(c) REQUIREMENT FOR REPORTING.—In order to col-
lect the types of data identified under subsection (b), the 
Administrator shall require any person issuing medical 
malpractice insurance policies, or paying claims pursuant 
to such a policy, to submit the data of the types described 
in subsection (b) in a manner and a frequency that would 
allow for analysis to identify local, State, regional and na-
tional trends in the medical malpractice insurance mar-
kets. 
(d) COMPLIANCE.— 
(1) INJUNCTIVE
RELIEF.—The Administrator 
may seek such injunctive and remedial relief as may 
be necessary to compel the submittal of data under 
subsection (c). 
(2) CIVIL MONEY PENALTY.—In addition to the 
authority provided under paragraph (1), the Admin-
istrator is authorized to impose for each for the fail-
ure of a person to submit data under subsection (c) 
a civil money penalty of not to exceed $10,000. The
provisions of section 1128A of the Social Security 
Act (other than subsections (a) and (b)) shall apply 
to a civil money penalty under the previous sentence 
in the same manner as such provisions apply to a 
civil money penalty under subsection (a) of such sec-
tion except that for purposes of this paragraph, any 
reference to the Secretary is deemed a reference to 
the Admnistrator. 
(e) AVAILABILITY OF INFORMATION.— 
(1) TO INDEPENDENT COMMISSION.—Informa-
tion submitted to the Administrator under this sec-
tion shall be available to the Independent Advisory 
Commission on Medical Malpractice Insurance, es-
tablished under section 401(b). 
(2) TO PUBLIC.—Information submitted to the 
Administrator under this section shall be made avail-
able to the public in a form that does not disclose 
the identity of the person who submitted the infor-
mation. 
SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this section such sums as may be necessary. 
Æ