HR 4942 · 107th Congress · Health

Medicare Solvency and Enhanced Benefits Act of 2002

Introduced 2002-06-13· Sponsored by Rep. Weldon, Dave [R-FL-15]· House

Bill Progress

Introduced
2
Committee
3
House Vote
4
Senate
5
Enacted
Latest: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.(2002-06-26)

Plain Language Summary

[AI summary unavailable — showing source text] Medicare Solvency and Enhanced Benefits Act of 2002 - Proposes reforms related to Medicare (title XVIII of the Social Security Act (SSA). Requires a Medicare-related health care lawsuit to be brought within three years of the date of injury or one year after the claimant discovers or should have discovered the injury, whichever occurs first. Sets forth requirements and permissible recovery amounts for compensating patient injury, including: (1) the full amount of economic loss without limitation; (2) noneconomic damages as specified; and (3) a fair share rule. Requires the court to supervise payment-of-damage arrangements, limiting contingency fees. Permits the introduction of evidence of collateral source benefits. Limits the availability of punitive damages, requiring clear and convincing evidence of malicious intent to injure or a deliberate failure to avoid substantially certain, unnecessary injury. Prohibits their award for products that comply with Food and Drug Administration (FDA) standards, absent material and knowing misrepresentation by those submitting required approval or clearance information to the FDA. Authorizes periodic payment of future damages to claimants. Excl…

Summarized by Claude AI · Non-partisan · For informational purposes only

Cosponsors (2)

2 Republicans