Medical Liability Insurance Crisis Response Act of 2003

Bill: 108-hr-1158
Sponsor: Rep. Sandlin, Max [D-TX-1]
Introduced: 2003-03-06 in the House
Policy area: Health
Subjects: Access to health care
Alternative dispute resolution
Antitrust law
Business records
Childbirth
Civil actions and liability
Clinics
Commerce
Compensation (Law)
Competition
Congress
Congressional reporting requirements
Consumer complaints
Consumer education
Continuing education
Corporation taxes
Cost effectiveness
Damages
Day care
Distance education
Economics and Public Finance
Education
Education of the disadvantaged
Electronic government information
Employee health benefits
Federal advisory bodies
Federal aid to education
Federal aid to health facilities
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Geriatrics
Government Operations and Politics
Government paperwork
Government publicity
Government trust funds
Graduate education
Group medical practice
Health facilities
Health insurance
Higher education
Housing and Community Development
Income tax
Indexing (Economic policy)
Insurance companies
Insurance premiums
Interest rates
Internet
Investments
Labor and Employment
Law
Legislation
Liability insurance
Long-term care
Mediation
Medical malpractice
Medical residents
Mentoring
Minorities in medicine
Nurses
Nursing
Nursing education
Nursing homes
Occupational health and safety
Physicians
Prices
Recruiting of employees
Rural health
Science, Technology, Communications
Social Welfare
Spinal cord injuries
State laws
Stocks
Tax deductions
Taxation
Teacher education
Teacher supply and demand
Teachers
Terminal care
Transportation and Public Works
Vocational guidance
Web sites

Summary:
action_date: 2003-03-06
text: Medical Liability Insurance Crisis Response Act of 2003 - Amends the McCarran-Ferguson Act (antitrust) to exempt from the antitrust laws joint conduct concerning data, forms, manuals and the provision of medical malpractice insurance pursuant to a public necessity market mechanism or the administration of such mechanism in a State.
Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to provide for the prompt payment of claims.
Amends the Public Health Service Act to address the issue of the nursing shortage through the Nursing Workforce Development Student Loan Repayment program, the establishment of a National Nurse Corps Scholarship program, and other grant and scholarship programs to train and retain nurses.
Establishes an alternative dispute resolution system for medical malpractice cases which preempts other State and Federal law, excluding vaccine-related claims.
Mandates mediation before trial.
Requires certifications and affidavits by participating parties and attorneys that certain consultations and investigations have taken place and that their case is reasonable and meritorious. Imposes sanctions, including payment of attorney's fees and costs, for submitting false allegations.
Directs the Secretary of Health and Human Services to appoint an Advisory Commission on Medical Malpractice. Limits the rate of increase in medical malpractice insurance rates to a specified maximum until after the Commission's report.
Addresses other medical malpractice insurance issues, including withdrawal from the market, guaranteed coverage and renewability, and disclosure.
Requires the Secretary to establish an interactive, secure Internet site to provide medical malpractice insurance quotes.
Amends the Internal Revenue Code to add deductions for premiums for medical liability insurance for: (1) high risk specialties; and (2) practices serving medically underserved communities.
Amends the Liability Risk Retention Act of 1986 to mandate equal treatment between traditional insurers and risk retention groups.

Legislative actions:
action_date: 2003-03-31
text: Referred to the Subcommittee on Employer-Employee Relations.
action_date: 2003-03-17
text: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
action_date: 2003-03-06
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-06
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-06
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-06
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-06
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-06
text: Sponsor introductory remarks on measure. (CR E406)
action_date: 2003-03-06
text: Introduced in House
action_date: 2003-03-06
text: Introduced in House