National Medical Injury Compensation Insurance Act

Summary

National Medical Injury Compensation Insurance Act - Adds a new title to the Public Health Service Act authorizing the Secretary of Health, Education, and Welfare to establish and implement a program of national medical injury compensation insurance. Establishes in the Treasury a Medical Injury Compensation Insurance Fund for making such payments and paying such administrative expenses as necessary for carrying out the insurance program under this Act. Stipulates that participation in the insurance program shall be conditioned upon continued compliance with specified requirements for eligibility, including agreement by the physician to review of health care services by the Professional Standards Review Organization. Provides that the insurance program established under this Act shall provide: (1) insurance benefits to insureds for compensation for loss incurred as a result of tort liability; and (2) no-fault benefits to beneficiaries of contracts entered into in accordance with the provisions of this Act for compensation for loss from any injury suffered as a result of health care services provided by an insured. States that the no-fault benefits shall consist of compensation for loss from injury determined in accordance with regulations of the Secretary, but limited to specified items, including: (1) all reasonable expenses necessarily incurred by a patient for medical and other health treatment; and (2) all reasonable expenses necessarily incurred for medical and vocational rehabilitation services. Sets forth procedures for the Secretary to follow in determining no-fault benefits. Provides for judicial review of the decisions of the Secretary. Sets time limitations on the filing of claims for no-fault benefits. Provides that no claim for no-fault benefits shall be accepted unless such beneficiary agrees, in writing, that no tort action will be instituted or prosecuted against the insured with respect to the injury for which no-fault benefits are claimed. Establishes within the Department of Health, Education, and Welfare the Medical Injury Compensation Insurance Administration. Directs the Secretary to perform the functions authorized by this Act through such Administration. Authorizes the Secretary to appoint an Advisory Council on Medical Injury Compensation. States that the Council shall advise, consult with, and make recommendations to, the Secretary with respect to: (1) the preparation of any regulations prescribed in accordance with this Act; and (2) the implementation and administration of this Act. Stipulates that in addition to no-fault benefits or tort damages, the Secretary shall, if the claimant or plaintiff was represented by an attorney, pay a reasonable fee to compensate such attorney for the services performed by him in connection with the claim or action to recover such damages. Imposes criminal penalties for falsifications made with respect to the requirements and provisions of this Act. Requires that within two years the Secretary shall develop national standards for the licensure of health professionals and prepare appropriate examinations for initial licensure and for subsequent renewal of licensure. Provides that a State may establish a program for licensure of health professionals provided it meets or exceeds the national standards.

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1 official file

• Introduced in Senate

  summary · EN · 17 January 1975

  Open at official source

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