Health Care Liability Reform and Quality Assurance Act of 1995

Summary

TABLE OF CONTENTS: Title I: Health Care Liability Reform Subtitle A: Liability Reform Subtitle B: Biomaterials Access Assurance Subtitle C: Applicability Title II: Protection of the Health and Safety of Patients Title III: Severability Health Care Liability Reform and Quality Assurance Act of 1995 - Title I: Health Care Liability Reform - Subtitle A: Liability Reform - Makes the provisions of this Subtitle applicable with respect to any health care liability action (action) brought in any Federal or State court, except to the extent that title XXI of the Public Health Service Act applies to an action for damages arising from a vaccine- related injury or death. Preempts any conflicting State law. States that nothing in this Subtitle shall affect, in an action, the defense of sovereign immunity, the choice of law or venue, or the establishment of Federal jurisdiction. (Sec. 104) Prohibits an action subject to this Act from being initiated unless a complaint concerning the action is filed within a two-year period following the discovery of the harm and its cause. (Sec. 105) Allows the award of punitive damages in an action only when there is clear and convincing evidence that the defendant intended to injure, deliberately failed to avoid injuring, or acted with a conscious disregard of the risk of unnecessary injury. Prohibits the award of punitive damages in any case in which no judgment for compensatory damages is rendered against the defendant. Outlines requirements concerning: (1) procedures for the pleading of punitive damages; and (2) the determination of the amount of such damages, limiting the amount to three times the amount awarded for the economic injury on which the claim is based, or $250,000, whichever is greater. (Sec. 106) Limits to $100,000 the amount a person may be required to pay for future damages in a single payment of a damages award in an action. Allows the defendant to make payments on a periodic basis. (Sec. 107) Allows only several and not joint liability of each defendant in an action with respect to punitive and noneconomic (pain and suffering) damages. (Sec. 108) Requires the total amount of damages received by an individual to be reduced by any payments received from collateral sources with respect to the same claim. (Sec. 109) Limits the amount of contingency fees that may be collected by an attorney in such an action. (Sec. 110) Requires medical malpractice to be proven by clear and convincing evidence in baby delivery cases in which the health care professional against whom the action is brought did not previously treat the pregnant woman for the pregnancy. (Sec. 111) Requires the parties, prior to or immediately following the commencement of an action, to participate in the alternative dispute resolution (ADR) system as administered by the State. Provides for the: (1) adoption by each State of an ADR method satisfying certain requirements enumerated under this Act; (2) specification of ADR methods; and (3) initiation or resumption of a cause of action due to dissatisfaction with a determination under an ADR system. (Sec. 112) Prohibits an action from being brought by any individual unless such individual submits an affidavit stating that the individual has consulted with, and received a written report from, a qualified specialist attesting to the reasonable merits of the case (certificate of merit). Outlines administrative procedures with respect to the waiving of such certificate, and, when not waived, the deadline for its submission. Defines a "qualified specialist" as a health care professional having expertise in the same or substantially similar area of practice as that involved in the action. Subtitle B: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1995 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act. Exempts a biomaterials supplier (supplier) from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) is a seller of the implant and who held title to the implant at the time of sale; or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Provides grounds for liability with respect to each exception. Outlines procedural guidelines for the dismissal of civil actions against suppliers, including the submission of appropriate affidavits in support of, or in defense to, a claim. States that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier has registered with the Secretary of Health and Human Services and included the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. Requires claimant payment of attorney fees if the court finds the claim to be without merit and frivolous. Subtitle C: Applicability - Makes provisions of this title applicable to all civil actions commenced on or after the date of enactment of this Act. Title II: Protection of the Health and Safety of Patients - Directs each State to establish: (1) a health care quality assurance program (program), to be approved by the Secretary; and (2) a fund for the program. Requires each State to transfer to the fund 50 percent of all awards for punitive damages resulting from health care liability actions in such State. (Sec. 202) Directs each State to require every health care professional and provider in the State, and their insurers, to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise may endanger patient safety. Requires each professional or provider to participate in a risk management program at least once in each three-year period. (Sec. 203) Amends the Health Care Quality Improvement Act of 1986 to require the Secretary to promulgate regulations providing for the disclosure of information concerning the reporting of: (1) sanctions taken against a physician by boards of medical examiners; and (2) health care professional review actions taken by health care entities. Title III: Severability - Provides for the severability of the remainder of this Act from provisions held to be unconstitutional.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 16 February 1995

   Introduced

   Introduced in Senate

   Source: IntroReferral

2. 16 February 1995

   Introduced

   Read twice and referred to the Committee on Labor and Human Resources.

   Source: IntroReferral

3. 16 February 1995

   Introduced

   Sponsor introductory remarks on measure. (CR S2863-2864,S2869-2870)

   Source: IntroReferral

4. 28 March 1995

   Committee

   Committee on Labor and Human Resources. Hearings held. Hearings printed: S.Hrg. 104-44.

   Source: Committee

5. 6 April 1995

   Committee

   Committee on Labor and Human Resources. Committee consideration and Mark Up Session held.

   Source: Committee

6. 25 April 1995

   Reported

   Committee on Labor and Human Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.

   Source: Committee

7. 16 May 1995

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 110.

   Source: Calendars

8. 16 May 1995

   Reported

   Committee on Labor and Human Resources. Reported to Senate by Senator Kassebaum with an amendment in the nature of a substitute. With written report No. 104-83. Additional and minority views filed.

   Source: Committee

9. 16 May 1995

   Reported

   Committee on Labor and Human Resources. Reported to Senate by Senator Kassebaum with an amendment in the nature of a substitute. With written report No. 104-83. Additional and minority views filed.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Reported to Senate · 16 May 1995 · Official file
• Introduced in Senate · 16 February 1995 · Official file

Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN · 16 May 1995

  ViewDownloadOpen at official source

• Reported to Senate (PDF)

  Reported to Senate · EN · 16 May 1995

  ViewDownloadOpen at official source

• Reported to Senate with amendment(s)

  summary · EN · 16 May 1995

  Open at official source

• Introduced in Senate (text)

  Introduced in Senate · EN · 16 February 1995

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 16 February 1995

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 16 February 1995

  Open at official source

Sponsors

• Mitch McConnell · R · Sponsor
• Sen. Lieberman, Joseph I. [D-CT] · D · Sponsor
• Sen. Kassebaum, Nancy Landon [R-KS] · R · Sponsor
• · sshr00 · Standing

Related records

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