Bill Introduced Allowing States to Craft Alternatives to Malpractice Litigation
May 30th, 2007
Senators Max Baucus (D-MT) and Mike Enzi (R-WY) introduced a bill May 24 that would allow states to craft alternative ways to deal with medical malpractice litigation.
The Fair and Reliable Medical Justice Act of 2007 would fund ten pilot projects for states proposing new methods of resolving medical malpractice claims and reducing medical errors, Baucus said in a press release.
In order to receive funding, states would have to show how their plans would: provide prompt and fair dispute resolution; encourage early disclosure of medical errors; enhance patient safety; improve the affordability of malpractice insurance for providers; offer patients the chance to opt out of the alternative and litigate instead, and notify them of that option.
According to a summary of the bill, preference in awarding grants “will go to state plans that are developed with relevant stakeholders, that enhance patient safety, and that would not contravene state law.”
States that receive grants would be required to submit an annual report evaluating the effectiveness of the funded activities to the Department of Health and Human Services Secretary, who then must submit a summary of the reports to Congress, the bill summary said.
Companion legislation is being introduced in the House by Representatives Jim Cooper (D-TN) and Mac Thornberry (R-TX).
View a summary of the bill.
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