Medical Malpractice Insurance and Litigation Reform Act

Bill: 108-hr-1116
Sponsor: Rep. Conyers, John, Jr. [D-MI-14]
Introduced: 2003-03-06 in the House
Policy area: Health
Subjects: Administrative remedies
Advice and consent of the Senate
Antitrust law
Business records
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Claims
Commerce
Computer software
Confidential communications
Congress
Congressional reporting requirements
Consumer complaints
Consumer education
Contempt of court
Department of Health and Human Services
Dividends
Economics and Public Finance
Electronic government information
Evidence (Law)
Executive reorganization
Federal preemption
Finance and Financial Sector
Financial statements
Fines (Penalties)
Frivolous lawsuits
Government Operations and Politics
Government corporations
Government insurance
Government lending
Government paperwork
Government publicity
Insurance companies
Insurance premiums
Internet
Investment advisers
Investment of public funds
Investments
Law
Lawyers
Legal ethics
Legal fees
Liability insurance
Limitation of actions
Mediation
Medical malpractice
Medical personnel
Parties to actions
Presidential appointments
Pretrial procedure
Price fixing
Quality of care
Reinsurance
Restrictive trade practices
Right of privacy
Science, Technology, Communications
Web sites

Summary:
action_date: 2003-03-06
text: Medical Malpractice Insurance and Litigation Reform Act - Declares that nothing in the McCarran-Ferguson Act shall be construed to permit commercial insurers to engage in price fixing, bid rigging, or market allocations while providing medical malpractice insurance, except that this section shall not apply to a State regulatory body with the authority to set insurance rates.
Directs each State to allow any State-licensed health care professional to challenge a proposed rate increase in medical malpractice insurance. Requires a provider to justify any such rate increase to the State.
Establishes the Federal Medical Malpractice Insurance Association in the Department of Health and Human Services, to provide malpractice insurance in States where it is not available at reasonable and customary terms.
Prohibits any individual from bringing a medical malpractice liability action unless it is accompanied by the affidavit of a qualified specialist attesting to the reasonableness of the filing. Requires the attorney of a person filing such an action, or the individual if there is no attorney, to sign a certificate of merit attesting to the justified nature of the action.
Directs courts to impose sanctions for violations of the provisions pertaining to the certificate of merit, including to issue fines for multiple offenders.
Requires mediation, to be made available by the State, before a trial for any medical malpractice liability action.
Applies this Act to medical malpractice liability actions in State or Federal courts except to any claim or action for damages from a vaccine-related injury or death to the extent that the Public Health Service Act applies to such actions. Preempts State law.

Legislative actions:
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 Committee on Energy and Commerce, 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 Committee on Energy and Commerce, 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 Committee on Energy and Commerce, 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 E392-393)
action_date: 2003-03-06
text: Introduced in House
action_date: 2003-03-06
text: Introduced in House