Medical Malpractice Claims Settlement Assistance Act

Summary

Medical Malpractice Claims Settlement Assistance Act - Sets forth the findings of Congress that the achievement of equal access to quality health care at a reasonable cost is jeopardized by the uncertain future availability and cost of medical malpractice insurance. Title I: Federal Authority - Authorizes the Secretary of Health, Education, and Welfare to make available to insurance companies and other insurers reinsurance against medical malpractice claims by any of their insureds which exceed $200,000 within a qualified State. Defines "qualified States" as a State which meets requirements set forth in this Act. Permits the Secretary to use existing facilities and services in carrying out his responsibilities under this Act. Entitles the Secretary to recover from any insurer the amount of any unpaid premiums lawfully payable by such insurer to the Secretary. Requires, as a condition to the receipt of reinsurance, that each insurer file specified information with the Secretary. Directs the Secretary to conduct comprehensive studies of medical malpractice claims and litigation, in order to determine methods of minimizing the costs of such a system. Title II: State Programs - Requires States to establish a program for the arbitration of medical malpractice claims. Provides that any civil action arising from a claim for damages on account of alleged medical malpractice on the part of any health professional or health care insitution may be instituted in a court of the State only after there has been an arbitration of the claim which forms the basis for such action. Sets forth procedures governing the initiation of arbitration, the appointment of an arbitration panel, hearing procedures, the decision of the arbitration panel, proceedings subsequent to the decision of the arbitration panel, the admissibility of the arbitration panel decision as evidence at trial, and the reporting of arbitration decisions. Requires States to establish and appropriately enforce a schedule of maximum contingent fee rates which may be charged or accepted by attorneys for services performed in connection with claims for damages on account of alleged medical malpractice. Provides that in order for any State to be eligible for Medicaid payments under title XIX of the Social Security, such State must have in effect a patient grievance mechanism applicable to all health care entities within the State. States that in order to qualify for malpractice reinsurance under this Act, such patient grievance mechanism must (1) receive, investigate, and evaluate grievances of patients respecting medical injuries occurring in noninstitutional settings, and (2) assist in the equitable settlement of any claims arising out of such grievances. Requires such mechanism to make quarterly reports to the Secretary on the grievances received by the mechanism, the disposition of such grievances, and the medical malpractice claims arising out of such grievances.

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1 official file

• Introduced in House

  summary · EN · 17 April 1975

  Open at official source

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