3.0.0 2662 2023-01-11T13:17:12Z 2023-01-11T13:17:12Z Senate S S 2009-11-02 111 ssju00 Judiciary Committee Senate Standing Referred to 2009-11-02T21:46:08Z 2009-11-02 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2009-11-02 Introduced in Senate IntroReferral 10000 9 Library of Congress G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC N C000286 Sen. Chambliss, Saxby [R-GA] SAXBY CHAMBLISS R GA 2009-11-02 True Law Alternative dispute resolution, mediation, arbitration Civil actions and liability Congressional oversight Health care quality Health personnel Insurance industry and regulation Legal fees and court costs State and local government operations Law 00 2009-11-02 Introduced in Senate 2010-05-18T18:29:15Z Fair Resolution of Medical Liability Disputes Act of 2009 - Prohibits a medical malpractice action from being filed in a state court or a federal court under diversity of citizenship jurisdiction unless: (1) the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system; and (2) an affected party notifies the appropriate court of the intent to contest the decision and files the action within 90 days after such decision is issued.

Provides: (1) for the payment of an opposing party's court costs and attorneys' fees by the contesting party in the case of a malpractice action brought in court after ADR if the final judgment issued in the action is not more favorable to the contesting party than the ADR decision; and (2) that an uncontested ADR decision shall have the status of a verdict in a court adjudicated action.

Sets forth basic requirements for state ADR systems, including a requirement that they transmit to the state agency responsible for monitoring or disciplining health care providers any findings that a provider committed malpractice. Directs the Attorney General to: (1) certify state ADR systems that meet the requirements of this Act; and (2) establish an alternative federal ADR system for any state that does not establish its own system.

Directs the Comptroller General to study the effectiveness of private litigation insurance markets in providing affordable access to courts, evaluating the merit of prospective claims, and ensuring that prevailing parties in "loser pays" systems are reimbursed for attorney's fees.

]]> Fair Resolution of Medical Liability Disputes Act of 2009 Display Title Fair Resolution of Medical Liability Disputes Act of 2009 Official Title as Introduced A bill to establish Federal standards for the resolution of health care malpractice claims, and for other purposes. Introduced in Senate IS Short Titles as Introduced Fair Resolution of Medical Liability Disputes Act of 2009 Introduced in Senate 2009-11-02T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s2662is/xml/BILLS-111s2662is.xml 2009-11-02 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.