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Medical Liability Insurance Crisis Response Act of 2002

Introduced: July 26, 2002 See on congress.gov
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Nov 14, 2002
Referred to the Subcommittee on Employer-Employee Relations.
Jul 29, 2002
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Jul 26, 2002
Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Education and the Workforce, 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.
Jul 26, 2002
Introduced in House
 Plain-English summary Congressional Research Service
Medical Liability Insurance Crisis Response Act of 2002 - Amends the McCarran-Ferguson Act (antitrust) to exempt from the antitrust laws joint conduct concerning data, forms, manuals and the provision of medical malpractice insurance pursuant to a public necessity market mechanism or the administration of such mechanism in a State.

Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to provide for the prompt payment of claims.

Amends the Public Health Service Act to address the issue of the nursing shortage through the Nursing Workforce Development Student Loan Repayment program, the establishment of a National Nurse Corps Scholarship program, and other grant and scholarship programs to train and retain nurses.

Establishes an alternative dispute resolution system for medical malpractice cases which preempts other State and Federal law, excluding vaccine-related claims.

Mandates mediation before trial.

Requires certifications and affidavits by participating parties and attorneys that certain consultations and investigations have taken place and that their case is reasonable and meritorious. Imposes sanctions, including payment of attorney's fees and costs, for submitting false allegations.

Permits the periodic payment of awards over $250,000.

Directs the Secretary of Health and Human Services to appoint an Advisory Commission on Medical Malpractice. Freezes medical malpractice insurance rates until after the Commission's report.

Addresses other medical malpractice insurance issues, including withdrawal from the market, guaranteed coverage and renewability, and disclosure.

Requires the Secretary to establish an interactive, secure Internet site to provide medical malpractice insurance quotes.

Amends the Liability Risk Retention Act of 1986 to mandate equal treatment between traditional insurers and risk retention groups.

What's happening now November 14, 2002

Referred to the Subcommittee on Employer-Employee Relations.

 Committees of jurisdiction 6