HR 2205

112th CONGRESS
1st Session

H. R. 2205

To improve the medical justice system by encouraging the prompt and fair resolution of disputes, enhancing the quality of care, ensuring patient access to health care services, fostering alternatives to litigation, and combating defensive medicine, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 16, 2011

Mr. DENT (for himself and Mr. PAULSEN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To improve the medical justice system by encouraging the prompt and fair resolution of disputes, enhancing the quality of care, ensuring patient access to health care services, fostering alternatives to litigation, and combating defensive medicine, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. TABLE OF CONTENTS.

TITLE I--NATIONWIDE REFORMS

Subtitle A--In General

Subtitle B--Safety Net Providers

Subtitle C--Community Health Center Volunteers

Subtitle D--Disaster Relief Volunteers

TITLE II--STATE REFORM INCENTIVES

TITLE I--NATIONWIDE REFORMS

Subtitle A--In General

SEC. 101. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS IN HEALTH CARE LAWSUITS.

SEC. 102. FAIR SHARE RULE.

SEC. 103. CERTIFICATE OF MERIT.

SEC. 104. PRACTICE GUIDELINES.

SEC. 105. PAYMENT DETERMINATION.

SEC. 106. DEFINITIONS.

Subtitle B--Safety Net Providers

SEC. 121. PROTECTION FOR EMERGENCY AND RELATED SERVICES FURNISHED PURSUANT TO EMTALA.

Subtitle C--Community Health Center Volunteers

SEC. 131. PROTECTION FOR HEALTH CENTER VOLUNTEER PRACTITIONERS.

Subtitle D--Disaster Relief Volunteers

SEC. 141. PROTECTION FOR DISASTER RELIEF VOLUNTEERS.

TITLE II--STATE REFORM INCENTIVES

SEC. 201. PUBLIC HEALTH SERVICE ACT AMENDMENT.

`TITLE XXXIV--MEDICAL LIABILITY ALTERNATIVES

`Subtitle A--Incentive Payments

`SEC. 3401. INCENTIVE PAYMENTS FOR MEDICAL LIABILITY REFORM.

`SEC. 3402. STATE REPORTS.

`SEC. 3403. REPORTS BY SECRETARY TO CONGRESS.

`SEC. 3404. APPLICATION OF SUBTITLE B TO STATES WITH INEFFECTIVE LAWS.

`SEC. 3405. APPLICATION REQUIRED FOR PAYMENT.

`SEC. 3406. TECHNICAL ASSISTANCE.

`SEC. 3407. RULEMAKING.

`SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.

`SEC. 3409. DEFINITIONS.

`Subtitle B--Liability Limits for States With Ineffective Laws

`SEC. 3411. APPLICATION.

`SEC. 3412. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.

`SEC. 3413. COMPENSATING PATIENT INJURY.

`SEC. 3414. MAXIMIZING PATIENT RECOVERY.

`SEC. 3415. ADDITIONAL HEALTH BENEFITS.

`SEC. 3416. PUNITIVE DAMAGES.

`SEC. 3417. DEFINITIONS.

`SEC. 3418. EFFECT ON OTHER LAWS.

`SEC. 3419. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.

END