Medical Malpractice Insurance Corporation Act

Bill: 109-hr-3865
Sponsor: Rep. Andrews, Robert E. [D-NJ-1]
Introduced: 2005-09-22 in the House
Policy area: Health
Subjects: Accreditation (Medical care)
Administrative procedure
Alternative dispute resolution
Civil actions and liability
Claims
Commerce
Commercial arbitration
Department of Health and Human Services
Department of Justice
Evidence (Law)
Federal preemption
Finance and Financial Sector
Frivolous lawsuits
Government Operations and Politics
Government publicity
Insurance companies
Insurance premiums
Law
Legal fees
Liability insurance
Licenses
Medical malpractice
Medical personnel
Medical records
Peer review organizations (Medicine)
Physicians
State laws
Tax-exempt organizations
Taxation
Trusts and trustees

Summary:
action_date: 2005-09-22
text: 
Medical Malpractice Insurance Corporation Act - Authorizes the establishment of corporations to provide medical malpractice insurance to health care professionals and providers based on customary coverage terms and liability amounts. Requires the Secretary of Health and Human Services to certify corporations as medical malpractice insurance corporations if they meet the requirements of this Act, which include that excess earnings of such corporations are used to reduce premiums paid by the insured. Allows such corporations to operate and function without hindrance or impedance in all states.
 
Prohibits any medical malpractice liability action from being brought against a health care professional or provider without an affidavit from a qualified specialist or medical expert that there is a reasonable and meritorious cause for filing the action.
 
Requires the Secretary to establish medical malpractice arbitration panels to hear and render decisions on all medical malpractice claims. Mandates participation in such panels. Allows participants dissatisfied with the results to bring a federal civil action.
 
Requires the Attorney General to proscribe regulations to ensure that such arbitration: (1) is affordable; (2) encourages timely resolution of medical malpractice claims; (3) encourages the consistent and fair resolution of such claims; and (4) provides for reasonable convenient access to dispute resolution.


Legislative actions:
action_date: 2005-10-07
text: Referred to the Subcommittee on Health.
action_date: 2005-09-22
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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: 2005-09-22
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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: 2005-09-22
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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: 2005-09-22
text: Introduced in House
action_date: 2005-09-22
text: Introduced in House