Health Care Protection Act of 1985

Summary

Health Care Protection Act of 1985 - Encourages 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. Encourages 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 layperson representation on such panels. Requires panel decisions to be made within 30 days after a hearing. Requires such a panel to determine the amount of malpractice damages owed under State law 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 conflict of interest or fraud. Requires that any party to a claim decided by a panel be entitled to trial de novo on such claim in State court. Specifies damage award payment methods. 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 appropriate State licensing or certification board. 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. Limits contingent fees. 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 to employ a risk management program for the reporting and investigation of all known or suspected incidents of malpractice 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 for: (1) program development; and (2) malpractice screening panels. Directs the Governors 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 FY 1986.

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1 official file

• Introduced in Senate

  summary · EN · 3 January 1985

  Open at official source

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