Comprehensive Medical Malpractice Reform Act of 2005

Bill: 109-hr-2657
Sponsor: Rep. Baird, Brian [D-WA-3]
Introduced: 2005-05-26 in the House
Policy area: Health
Subjects: Accident prevention
Accreditation (Medical care)
Administrative procedure
Civil Rights and Liberties, Minority Issues
Commerce
Communication in medicine
Conferences
Confidential communications
Congress
Congressional reporting requirements
Consumer complaints
Contempt of court
Court records
Courts of special jurisdiction
Crime and Law Enforcement
Criminal justice information
Damages
Data banks
Department of Health and Human Services
Disciplining of employees
Discovery (Law)
Discrimination in employment
Drugs
Economics and Public Finance
Education
Emergency Management
Emergency medicine
Employee rights
Evidence (Law)
Federal aid to health facilities
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Frivolous lawsuits
Government Operations and Politics
Government paperwork
Government publicity
Governmental investigations
Health information systems
Higher education
Income tax
Indexing (Economic policy)
Insurance companies
Insurance premiums
Internet
Law
Lawyers
Legal ethics
Legal fees
Liability (Law)
Liability insurance
Licenses
Mediation
Medical associations
Medical education
Medical malpractice
Medical records
Medical screening
Medical supplies
Medical technology
Medicare
Obstetrics
Patients' rights
Performance measurement
Physicians
Professional associations
Promotions
Punitive damages
Quality of care
Right of privacy
Science, Technology, Communications
Social Welfare
Standards
State laws
Statistics
Subpoena
Tax credits
Telephone
Web sites
Whistle blowing

Summary:
action_date: 2005-05-26
text: 
Comprehensive Medical Malpractice Reform Act of 2005 - Limits the non-economic damages that an individual may recover from a health care provider for an injury or death as the result of health care malpractice to $250,000 as adjusted for inflation from 1975.
 
Requires each medical malpractice liability insurance company to reduce its medical malpractice liability coverage premiums with financial savings from this Act.
 
Requires a medical malpractice action to be dismissed unless the signer of complaint certifies its validity.
 
Directs the Secretary of Health and Human Services to: (1) develop voluntary performance standards applicable to state medical boards; (2) establish an interstate patient reporting and physician tracking database; and (3) study alternatives to the present legal process in resolving health care malpractice claims arising out of a hospital emergency room's screening examination or treatment required by law.
 
Directs the Attorney General to make grants to states and health care entities to carry out mediation programs to resolve health care malpractice allegations without litigation.
 
Amends the Public Health Service Act to provide for the voluntary disclosure of patient safety information to patient safety organizations. Makes such information privileged. Directs the Secretary to establish a database to receive relevant non-identifiable patient safety information.
 
Limits the liability of a health care provider that provides information to a state medical board regarding the competence or professional conduct of a physician.


Legislative actions:
action_date: 2005-06-03
text: Referred to the Subcommittee on Health.
action_date: 2005-05-26
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: 2005-05-26
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: 2005-05-26
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: 2005-05-26
text: Introduced in House
action_date: 2005-05-26
text: Introduced in House