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Medical Malpractice Insurance and Litigation Reform Act

Introduced: March 6, 2003 See on congress.gov
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 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Mar 17, 2003
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Mar 6, 2003
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.
Mar 6, 2003
Sponsor introductory remarks on measure. (CR E392-393)
Mar 6, 2003
Introduced in House
 Plain-English summary Congressional Research Service
Medical Malpractice Insurance and Litigation Reform Act - Declares that nothing in the McCarran-Ferguson Act shall be construed to permit commercial insurers to engage in price fixing, bid rigging, or market allocations while providing medical malpractice insurance, except that this section shall not apply to a State regulatory body with the authority to set insurance rates.

Directs each State to allow any State-licensed health care professional to challenge a proposed rate increase in medical malpractice insurance. Requires a provider to justify any such rate increase to the State.

Establishes the Federal Medical Malpractice Insurance Association in the Department of Health and Human Services, to provide malpractice insurance in States where it is not available at reasonable and customary terms.

Prohibits any individual from bringing a medical malpractice liability action unless it is accompanied by the affidavit of a qualified specialist attesting to the reasonableness of the filing. Requires the attorney of a person filing such an action, or the individual if there is no attorney, to sign a certificate of merit attesting to the justified nature of the action.

Directs courts to impose sanctions for violations of the provisions pertaining to the certificate of merit, including to issue fines for multiple offenders.

Requires mediation, to be made available by the State, before a trial for any medical malpractice liability action.

Applies this Act to medical malpractice liability actions in State or Federal courts except to any claim or action for damages from a vaccine-related injury or death to the extent that the Public Health Service Act applies to such actions. Preempts State law.

What's happening now March 17, 2003

Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.

 Committees of jurisdiction 3
 Cosponsors 4
All 4 Democratic 4