Health Care Protection Act of 1981

Summary

Health Care Protection Act of 1981 - Authorizes each State to establish a program for compensation and reduction of health care malpractice. Authorizes the Attorney General to promulgate regulations to carry out the purposes of this Act. Authorizes each State to establish malpractice screening panels with original and exclusive jurisdiction to hear all claims of health care malpractice by State certified or licensed health care personnel. Directs each State to publish a list of licensed health care professions. Sets forth the procedural rules governing the handling of such claims. Requires such a panel to determine the amount of damages owed under State law by a defendant found liable for a compensable injury resulting from health care malpractice and to enter an order to pay an award in that amount. Authorizes a State to provide judicial enforcement of an award that is not paid promptly. Prohibits review of a panel decision except for review of allegations of a conflict of interest by a panel member or of fraud. Specifies methods of payment of such damage awards. Requires that any party to a claim decided by a panel be entitled to trial de novo on such claim in State court. Requires that a panel or court report any findings of health care malpractice or notice of a settlement agreement to the State insurance commissioner and the State licensing or certification board with jurisdiction over the health care personnel concerned. Directs the State insurance commissioner to make such reports available to the public and to insurance carriers, who shall be authorized to adjust the rates of involved health care personnel. Sets limits on the amount of the contingent fee which may be awarded to a winning claimant's attorney. Subjects an attorney who accepts a fee in excess of such limits to civil liability. Encourages a State to develop a program requiring specified health care institutions within the State to employ a risk management program for the reporting and investigation of all known or suspected incidents of malpractice within such institutions and the identification of preventive measures to reduce the risk of such incidents. Directs the Governor of a State to certify the State's program and the Attorney General to approve such certification if such program is in compliance with this Act. Directs the Attorney General to make specified payments to a State with a certified program to support the establishment of the malpractice screening panels and the development of the State program under this Act. Directs the Governor to report to the Attorney General on the State's use of such payments. Reallocates funds paid to a State which does not have a program in compliance with this Act to those States which the Attorney General determines are most in need of additional funds. Authorizes appropriations beginning in fiscal year 1982 for the Department of Justice to carry out the provisions of this Act. Defines "malpractice" as malpractice, or professional negligence, by an individual or group that provides health care services or goods, and that is required by State law to be licensed or certified to provide such services or goods within the State.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 15 January 1981

  Open at official source

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