Health Care Liability Reform and Quality Assurance Act of 1995

TABLE OF CONTENTS:

Title I: Health Care Liability Reform

Subtitle A: Liability Reform

Subtitle B: Biomaterials Access Assurance

Subtitle C: Applicability

Title II: Protection of the Health and Safety of Patients

Title III: Severability

Health Care Liability Reform and Quality Assurance Act of 1995 - Title I: Health Care Liability Reform - Subtitle A: Liability Reform - Makes the provisions of this subtitle applicable with respect to any health care liability action brought in any Federal or State court, except to the extent that title XXI of the Public Health Service Act applies to an action for damages arising from a vaccine-related injury or death. Preempts certain State laws. Allows a State to declare that provisions of this Act do not apply to an action involving parties that are residents of the State.

(Sec. 104) Prohibits an action subject to this Act from being initiated unless a complaint concerning the action is filed within a two-year period following the discovery of the injury and its cause.

(Sec. 105) Allows the award of punitive damages in an action only when there is clear and convincing evidence that the defendant intended to injure, deliberately failed to avoid injuring, or acted with a conscious, flagrant disregard of the risk of unnecessary injury. Prohibits the award of punitive damages in any case in which no judgment for compensatory damages is rendered against the defendant. Outlines requirements concerning: (1) procedures for determining punitive damages; and (2) the determination, in a separate proceeding, of the amount of such damages.

(Sec. 106) Allows periodic payments if the award of future damages exceeds $100,000.

(Sec. 107) Allows only several and not joint liability of each defendant in an action with respect to punitive or noneconomic damages.

(Sec. 108) Requires the total amount of damages received by an individual to be reduced by any payments received from collateral sources with respect to the same claim.

(Sec. 109) Limits the amount of contingency fees that may be collected by an attorney in such an action.

(Sec. 110) Encourages each State to establish or maintain alternative dispute resolution (ADR) mechanisms. Mandates Federal guidelines for State ADRs. Regulates further redress. Authorizes technical assistance to States.

Subtitle B: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1995 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act.

Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers, including the submission of appropriate affidavits in support of, or in defense to, a claim. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney's fees if the court finds the claim to be without merit and frivolous.

Subtitle C: Applicability - Makes provisions of this title applicable to all civil actions commenced on or after the date of enactment of this Act.

Title II: Protection of the Health and Safety of Patients - Mandates that each State require that at least 50 percent of health care liability punitive damages be used for: (1) licensing, investigating, disciplining, and certifying health professionals; and (2) the reduction of malpractice-related costs for providers volunteering to provide health services in medically underserved areas.

(Sec. 202) Establishes an advisory panel to coordinate and evaluate methods, procedures, and data to enhance the quality, safety, and effectiveness of health care services to patients. Mandates guidelines on health care quality assurance, patient safety, and consumer information.

Title III: Severability - Provides for the severability of the remainder of this Act from any provisions held to be unconstitutional.