Medical Liability Insurance Crisis Response Act of 2002
Latest action · Nov 14, 2002 Referred to the Subcommittee on Employer-Employee Relations.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJul 26, 2002
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 16
Members who signed on, in the order they did. Signatures ran from Jul 26, 2002 to Oct 1, 2002; 13 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NJ | Bill Pascrell, Jr. | Original | Jul 26, 2002 |
| D-TX | Charles A. Gonzalez | Original | Jul 26, 2002 |
| D-TX | Eddie Bernice Johnson | Original | Jul 26, 2002 |
| D-NY | Gregory W. Meeks | Original | Jul 26, 2002 |
| D-CA | Hilda L. Solis | Original | Jul 26, 2002 |
| D-TX | Lloyd Doggett | Original | Jul 26, 2002 |
| D-CA | Loretta Sanchez | Original | Jul 26, 2002 |
| D-AR | Mike Ross | Original | Jul 26, 2002 |
| D-MS | Ronnie Shows | Original | Jul 26, 2002 |
| D-NJ | Rush Holt | Original | Jul 26, 2002 |
| D-NV | Shelley Berkley | Original | Jul 26, 2002 |
| D-TX | Silvestre Reyes | Original | Jul 26, 2002 |
| D-NY | Steve Israel | Original | Jul 26, 2002 |
| D-PA | Robert A. Brady | Sep 10, 2002 | |
| D-NY | Maurice D. Hinchey | Sep 24, 2002 | |
| D-PA | Paul E. Kanjorski | Oct 1, 2002 |
Committees 4
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Jul 26, 2002 |
| House | Energy and Commerce Committee | Referred Jul 26, 2002 |
| Health Subcommittee | Referred Jul 29, 2002 | |
| House | Ways and Means Committee | Referred Jul 26, 2002 |
| House | Education and Workforce Committee | Referred Jul 26, 2002 |
| Health, Employment, Labor, and Pensions Subcommittee | Referred Nov 14, 2002 |
Actions 4
Everything that happened, newest first.
- Nov 14, 2002Referred to the Subcommittee on Employer-Employee Relations.
- Jul 29, 2002Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
- Jul 26, 2002Introduced in House
- Jul 26, 2002Referred 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.
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To modify the antitrust exemption applicable to the business of medical malpractice insurance, to address current issues for health care providers, to reform medical malpractice litigation by making available alternative dispute resolution methods, requiring plaintiffs to submit affidavits of merit before proceeding, and enabling judgments to be satisfied through periodic payments, to reform the medical malpractice insurance market, and for other purposes.
- Short Titles as Introduced
- Medical Liability Insurance Crisis Response Act of 2002
- Short Titles as Introduced for portions of this bill
- Medical Malpractice Insurance Competitive Pricing Act of 2002
Subjects
Assigned by the Library of Congress. Policy area: Health.
- Access to health care
- Alternative dispute resolution
- Antitrust law
- Business records
- Childbirth
- Civil actions and liability
- Clinics
- Commerce
- Compensation (Law)
- Competition
- Congress
- Congressional reporting requirements
- Consumer complaints
- Consumer education
- Continuing education
- Cost effectiveness
- Damages
- Day care
- Distance education
- Economics and Public Finance
- Education
- Education of the disadvantaged
- Electronic government information
- Employee health benefits
- Federal advisory bodies
- Federal aid to health facilities
- Federal aid to nursing education
- Federal preemption
- Finance and Financial Sector
- Fines (Penalties)
- Geriatric nursing
- Government Operations and Politics
- Government paperwork
- Government publicity
- Government trust funds
- Graduate education
- Health
- Health facilities
- Health insurance
- Health insurance industry
- Higher education
- Hospices (Terminal care)
- Housing and Community Development
- Indexing (Economic policy)
- Insurance companies
- Insurance premiums
- Insurance rates
- Interest rates
- Internet
- Investments
- Labor and Employment
- Law
- Legislation
- Long-term care
- Mediation
- Medical malpractice
- Medical malpractice insurance
- Medical residents
- Mentoring
- Minorities in medicine
- Nurses
- Nursing
- Nursing homes
- Occupational health and safety
- Prices
- Recruiting of employees
- Rural health
- Science, Technology, Communications
- Social Welfare
- Spinal cord injuries
- Standards
- State laws
- Stocks
- Surety and fidelity
- Teacher education
- Teacher supply and demand
- Teachers
- Transportation and Public Works
- Vocational guidance
- Web sites
Text 1
Each version as it was printed, newest first.
- Jul 26, 2002Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
