legislation: 101-s-2934
This data as json
| bill_id | congress | bill_type | bill_number | title | policy_area | introduced_date | latest_action_date | latest_action_text | origin_chamber | sponsor_name | sponsor_state | sponsor_party | sponsor_bioguide_id | cosponsor_count | summary_text | update_date | url |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 101-s-2934 | 101 | s | 2934 | Ensuring Access Through Medical Liability Reform Act | Health | 1990-07-30 | 1990-07-30 | Read twice and referred to the Committee on Labor and Human Resources. | Senate | Sen. Hatch, Orrin G. [R-UT] | UT | R | H000338 | 0 | Ensuring Access Through Medical Liability Reform Act - Directs the Secretary of Health and Human Services to make grants to States for the development of alternative dispute resolution systems (ADRSs). Defines ADRS to mean a system to resolve disputes involving health care negligence other than through a health care malpractice action and meeting other requirements. Requires State grants be used to develop the system and to engage in activities to accomplish the enactment or adoption of the system. Directs the Secretary to make grants to States for the implementation of ADRSs. Requires a grant to be used by a State to implement and evaluate the effectiveness of the system. Requires that State ADRSs be of certain types: (1) fault-based administrative systems; (2) defined catastrophic injury compensation systems; (3) early offer and recovery mechanisms; (4) binding arbitration; or (5) a State-initiated alternative to such systems. Sets forth requirements for each system type. Directs the Secretary to make grants to States and private nonprofit organizations for basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider negligence. Directs the Secretary to make grants to States to improve the State's ability to license and discipline health care professionals. Directs the Secretary to provide technical assistance to States to assist them in evaluating their medical practice acts and procedures and to encourage the use of early warning systems and for disciplining health care professionals. Directs the Secretary to make grants for: (1) educating the public about the appropriate use of health care and realistic expectations; (2) educating the public about professional licensing and discipline; and (3) developing faculty training and curricula on quality assurance, risk management, and medical injury prevention. Declares that provisions in this Act relating to civil actions govern any health care malpractice action brought in any Federal or State court. Prohibits requiring any person to pay for future damages exceeding a specified amount in a single payment, but allows such payments on a periodic basis. Requires damages to be reduced by any governmental or private payment intended to compensate for the injury. Limits the amount of damages which may be paid for past and future noneconomic losses and the percentage of any award or settlement which may be paid as attorney fees. Starts, subject to exception, the statute of limitations at the time of the negligence. Requires each State to allocate an amount equal to all health professional licensing or certification fees to State agencies responsible for disciplinary actions for each type of health professional. Mandates that each State which receives Federal or State funds have a risk management program to prevent and provide early warning of unsafe practices. Mandates that each State require each health care professional liability insurance company to establish or sanction risk management programs and require professionals they insure to participate. Requires each State to authorize the State agency responsible for disciplinary actions to enter into agreements with professional societies to permit the review by the societies of the practice patterns of a health care professional. Sets forth confidentiality and other requirements. Prohibits any activity under such an agreement from being grounds for any State or Federal civil or criminal antitrust action, or any other State civil action. Directs the Secretary, if a State fails to comply with certain requirements of this Act, to withhold all funds which the State would receive under the Public Health Service Act. Declares that certain provisions of this Act governing civil actions supersede State laws only to the extent that the State laws are less stringent. Requires those provisions in this Act to be construed to promote uniformity of law in the various jurisdictions. Authorizes appropriations to carry out provisions of this Act relating to development, implementation, research, and disciplinary grants. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make a grant to an entity that represents recipients of assistance under provisions relating to migrant health centers and community health centers to enable the entity to develop a business plan for, and to establish, a nationwide risk retention group as provided for in the Liability Risk Retention Act of 1986, and that meets other requirements. Allows the group to negotiate with other entities for the purposes of managing and administering the group, and for obtaining reinsurance. Requires the group to provide professional liability insurance, and other types of profitable insurance approved for issuance by the Secretary, to migrant and community health centers. Requires the centers, subject to exception, to become members of the group and purchase the group's insurance. Makes all professional staff members of the centers eligible to obtain the group's insurance. Requires the group to engage outside experts in insurance, financing, and business to analyze and audit the group. Requires the experts to provide the group with an evaluation of the plan and group. Requires the group to submit the plan and the evaluation to the Secretary. Directs the Secretary to permit implementation of the plan and operation of the group if the Secretary determines that the operation of the group will result in an increase in the amount of funds available for use by community and migrant health centers and other entities receiving assistance under the specified provisions. Authorizes appropriations for preparation of the plan, establishment of the group, and capitalization of the group. Requires assets remaining after dissolution of the group to be used by the Secretary to pay the remaining expenses of the group. Authorizes appropriations to carry out specified provisions relating to migrant health centers and community health centers. | 2025-08-26T17:28:53Z |