Medical Malpractice and Insurance Reform Act of 2003

Bill: 108-hr-1219
Sponsor: Rep. Conyers, John, Jr. [D-MI-14]
Introduced: 2003-03-12 in the House
Policy area: Health
Subjects: Access to health care
Administrative remedies
Antitrust law
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Computer software
Confidential communications
Congress
Congressional reporting requirements
Consumer complaints
Consumer education
Contempt of court
Economics and Public Finance
Electronic government information
Emergency Management
Evidence (Law)
Federal advisory bodies
Federal aid to health facilities
Finance and Financial Sector
Fines (Penalties)
Frivolous lawsuits
Government Operations and Politics
Government paperwork
Government publicity
Grants-in-aid
Gynecology
Insurance companies
Insurance premiums
Internet
Investment of public funds
Law
Lawyers
Legal ethics
Legal fees
Liability insurance
Limitation of actions
Mediation
Medical malpractice
Medical personnel
Medical records
Medical technology
Obstetrics
Physicians
Pretrial procedure
Price fixing
Public health personnel
Punitive damages
Quality of care
Restrictive trade practices
Right of privacy
Science, Technology, Communications
Surgeons
Technological innovations
Trauma care
Trusts and trustees
Web sites
Women

Summary:
action_date: 2003-03-12
text: Medical Malpractice and Insurance Reform Act of 2003 - Declares that medical malpractice actions shall be barred unless the complaint is within three years after the right of action accrues. Sets forth criteria for determining the date on which the right of action accrues.
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.
Prohibits punitive damages from being awarded in a medical malpractice action except upon proof of gross negligence, reckless indifference to life, or one of various types of intentional acts.
Requires medical malpractice liability insurance companies to implement a plan to dedicate at least 50 percent of the annual savings from carrying out this section to reducing malpractice premiums. Imposes a civil penalty on medical malpractice liability insurance companies that violate this section.
Amends the Public Health Service Act to permit the Secretary, acting through the Administrator of the Health Resources and Services Administration, to award grants or contracts to geographic areas that have shortages of one or more types of health providers due to the cost of maintaining malpractice insurance.
Establishes the Independent Advisory Commission on Medical Malpractice Insurance, which shall investigate the recent dramatic increases in medical malpractice insurance premiums and formulate proposals to reduce such premiums.

Legislative actions:
action_date: 2003-03-24
text: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
action_date: 2003-03-12
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: 2003-03-12
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: 2003-03-12
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: 2003-03-12
text: Introduced in House
action_date: 2003-03-12
text: Introduced in House