HR 3359 · 109th Congress · Health
Medical Malpractice and Insurance Reform Act of 2005
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.(2005-07-29)
Plain Language Summary
[AI summary unavailable — showing source text]
Medical Malpractice and Insurance Reform Act of 2005 - Sets forth provisions regulating medical malpractice lawsuits and insurance. Sets the statute of limitation at three years. Requires a complaint to include: (1) an affidavit from a qualified specialist of the reasonableness and merit of the action; and (2) a certificate of merit from the attorney or party attesting to the reasonableness of the action. Requires mediation that is provided by the state before a trial. Prohibits punitive damages awards except upon proof of gross negligence, reckless indifference to life, or intentional acts. Diverts 50 percent of such awards to the Secretary of Health and Human Services for patient safety activities. Requires each medical malpractice liability insurance company to reduce physicians' premiums with financial savings from this Act. Declares that the McCarran-Ferguson Act does not permit commercial insurers to engage in any form of price fixing, bid rigging, or market allocations in providing medical malpractice insurance. Requires the Secretary to establish an Internet site to allow health care providers to obtain quotes from licensed insurers. Requires states to have a policy that: (…
Summarized by Claude AI · Non-partisan · For informational purposes only
Cosponsors (6)
5 Democrats1 Republican