Medical Malpractice and Insurance Reform Act of 2005

Bill: 109-hr-3359
Sponsor: Rep. Conyers, John, Jr. [D-MI-14]
Introduced: 2005-07-20 in the House
Policy area: Health
Subjects: Access to health care
Administrative remedies
Antitrust law
Business records
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Commercial arbitration
Computer software
Confidential communications
Congress
Congressional reporting requirements
Consumer complaints
Consumer education
Contempt of court
Damages
Department of Health and Human Services
Economics and Public Finance
Electronic government information
Emergency Management
Evidence (Law)
Executive reorganization
Federal advisory bodies
Federal aid to health facilities
Finance and Financial Sector
Fines (Penalties)
Frivolous lawsuits
Government Operations and Politics
Government paperwork
Government publicity
Government statistics
Grants-in-aid
Gynecology
Injunctions
Insurance companies
Insurance premiums
Internet
Investment of public funds
Law
Lawyers
Legal ethics
Legal fees
Liability insurance
Limitation of actions
Losses
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: 2005-07-20
text: 
Medical Malpractice and Insurance Reform Act of 2005 - Sets forth provisions regulating medical malpractice lawsuits and insurance.
 
Sets the statute of limitation at three years. 
 
Requires a complaint to include: (1) an affidavit from a qualified specialist of the reasonableness and merit of the action; and (2) a certificate of merit from the attorney or party attesting to the reasonableness of the action. 
 
Requires mediation that is provided by the state before a trial. 
Prohibits punitive damages awards except upon proof of gross negligence, reckless indifference to life, or intentional acts. Diverts 50 percent of such awards to the Secretary of Health and Human Services for patient safety activities. 
Requires each medical malpractice liability insurance company to reduce physicians' premiums with financial savings from this Act. 
 
Declares that the McCarran-Ferguson Act does not permit commercial insurers to engage in any form of price fixing, bid rigging, or market allocations in providing medical malpractice insurance. 
Requires the Secretary to establish an Internet site to allow health care providers to obtain quotes from licensed insurers. 
Requires states to have a policy that: (1) gives licensed health care professionals standing to challenge proposed medical malpractice rate insurance increases; and (2) prohibits insurers from increasing rates without substantial justification. 
Amends the Public Health Service Act to permit the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants or contracts to geographic areas that have health care provider shortages due to the cost of maintaining malpractice insurance. 
Establishes: (1) the Independent Advisory Commission on Medical Malpractice Insurance to evaluate recent dramatic increases in medical malpractice insurance premiums and to make recommendations to avoid future dramatic increases; and (2) the Medical Malpractice Insurance Information Administration, which shall identify data necessary to evaluate the medical malpractice insurance market.

Legislative actions:
action_date: 2005-07-29
text: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
action_date: 2005-07-20
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: 2005-07-20
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: 2005-07-20
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: 2005-07-20
text: Sponsor introductory remarks on measure. (CR E1540-1541)
action_date: 2005-07-20
text: Introduced in House
action_date: 2005-07-20
text: Introduced in House