A bill to authorize the Secretary of Health, Education, and Welfare to establish a medical malpractice reinsurance program, and to conduct experiments and studies on medical malpractice.
Comprehensive Medical Malpractice Insurance Act - Authorizes the Secretary of Health, Education, and Welfare to offer to any insurer or pool reinsurance against liability for damages resulting from acts of medical malpractice.
Limits the availability of such insurance to States which have established programs for the initial arbitration of medical malpractice claims. Specifies that such programs must include national standards for arbitration of medical malpractice claims as set forth in this Act.
Provides that no complaint in a civil action, arising from a claim against a company which is a participant in the reinsurance program, may be filed in any court unless there has been filed in such court a copy of the decision with respect to such claim by an arbitration panel established by the court having jurisdiction over such action.
Sets forth hearing procedures and guidelines to be followed in establishing an arbitration board. Provides that the decision of the arbitration panel shall consist of findings of fact and recommendations which shall include both liability and damages.
Provides that if the arbitration is accepted by the parties it is binding, if not the claimant may institute a civil action.
States that the date of filing of a petition for arbitration shall be considered institution of a civil action for the purposes of the statute of limitations.
Requires that decisions of arbitration panels be compiled and published on a regular basis.
Directs that each State establish by statute or court rule a schedule of maximum contingent fee rates which may be accepted by attorneys in medical malpractice suits.
Authorizes the Secretary to utilize insurance companies and officers and employees of any executive agency to carry out this Act. Directs the Secretary to prescribe premium rates.
Requires that any insurer or pool acquiring reinsurance under this Act must furnish such information from its records as may be necessary to carry out this Act.
Authorizes the Secretary to establish a National Medical Malpractice Reinsurance Development Fund which shall be available to meet expenses incurred by this Act. Specifies that the fund shall be credited with reinsurance premiums, interest or investments, and other funds provided under this Act.
Establishes a Federal Medical Malpractice Reinsurance Advisory Board consisting of 19 members appointed by the Secretary from the general public, the insurance industry, the medical profession, and Federal, State and local governments. Provides that the board shall review general policies and advise the Secretary and perform such other functions as he may require.
Authorizes the appropriation of such sums as may be necessary to carry out the purposes of this Act.
Introduced in House
Introduced in House
Referred to House Committee on Interstate and Foreign Commerce.
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