[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4007 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4007

To authorize the Secretary of Health and Human Services to make grants 
 to 5 States to establish medical malpractice tribunal pilot programs, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 3, 2009

    Mr. Lee of New York (for himself and Mr. Hunter) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Health and Human Services to make grants 
 to 5 States to establish medical malpractice tribunal pilot programs, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MEDICAL TRIBUNAL PILOT PROGRAMS.

    (a) Authorization.--The Secretary of Health and Human Services is 
authorized to make grants to 5 States to establish pilot programs under 
which each medical malpractice case is heard in the first instance by a 
medical tribunal composed of a State trial court judge, a physician, 
and a lawyer.
    (b) Eligibility.--The Secretary may only award a grant under this 
section to a State that--
            (1) has an average cost of medical malpractice insurance 
        that exceeds the national average of such cost;
            (2) has not--
                    (A) placed a limit on noneconomic damages in 
                medical malpractice cases; or
                    (B) established or begun to establish a medical 
                tribunal program similar to that described in 
                subsection (e); and
            (3) submits an application at such time, in such form, and 
        accompanied by such information and assurances as the Secretary 
        may require.
    (c) Duration of Grant.--A grant under this section shall be awarded 
over 3 fiscal years.
    (d) Use of Funds.--A State that receives a grant under this section 
shall use grant funds to establish and administer a medical tribunal 
pilot program in accordance with subsection (e).
    (e) Requirements for Medical Tribunal Pilot Program.--The medical 
tribunal pilot program required by subsection (d) shall include the 
following elements:
            (1) Hearing of case in first instance.--Each medical 
        malpractice case filed in the courts of the State shall be 
        heard in the first instance by a medical tribunal.
            (2) Determination by medical tribunal.--The medical 
        tribunal shall hear all evidence that would be admissible in 
        the courts of the State and determine whether such evidence 
        would be sufficient to support a finding for the plaintiff.
            (3) Effect of medical tribunal's determination.--
                    (A) If the medical tribunal determines that the 
                evidence would be sufficient to support a finding for 
                the plaintiff, the plaintiff may pursue the case 
                through the State's usual judicial process.
                    (B) If the medical tribunal determines that the 
                evidence would be insufficient to support a finding for 
                the plaintiff, the plaintiff may pursue the case 
                through the State's usual judicial process only after 
                filing with the clerk of the court in which the case is 
                pending a bond in an amount determined to be 
                appropriate by the State trial court judge serving on 
                the tribunal.
            (4) Composition of medical tribunal.--
                    (A) In general.--A medical tribunal shall be 
                composed of a State trial court judge, a physician 
                licensed to practice medicine in the State, and a 
                lawyer licensed to practice law in the State.
                    (B) Selection of physician and lawyer.--The State 
                trial court judge who will serve on a medical tribunal 
                shall select the physician from a list provided by the 
                State medical society or association and the lawyer 
                from a list provided by the State bar association.
                    (C) Defendant other than physician.--If the 
                defendant in a medical malpractice case is a health 
                care provider other than a physician, then a 
                practitioner in such other field of health care shall 
                serve on the medical tribunal instead of a physician. 
                The State trial court judge who will serve on the 
                tribunal shall select such practitioner in a manner the 
                judge considers appropriate.
    (f) Study of Effectiveness of Medical Tribunals and Report to 
Congress.--
            (1) Study.--After the end of the 3rd fiscal year in which 
        grant funds are paid under this section, the Secretary shall 
        collect from each State that received grant funds the following 
        data:
                    (A) Any change between the 3-year period preceding 
                the State's receipt of grant funds and the period 
                during which it received grant funds, and between the 
                1st and 2nd and the 2nd and 3rd years in which the 
                State received grant funds, in--
                            (i) the average cost of medical malpractice 
                        insurance;
                            (ii) the number of physicians actively 
                        practicing medicine;
                            (iii) the number of medical malpractice 
                        liability insurance carriers; and
                            (iv) the amounts paid by medical 
                        malpractice liability insurance carriers 
                        pursuant to settlements or judgments in cases 
                        against their insureds.
                    (B) The percentage of medical malpractice cases 
                considered meritorious by the medical tribunal that 
                were settled prior to trial, compared to the percentage 
                of all medical malpractice cases filed in the 3-year 
                period preceding the State's receipt of grant funds 
                that were settled prior to trial.
                    (C) The number of medical malpractice cases 
                considered meritorious by the medical tribunal that 
                were tried to a judgment, and the number of such 
                judgments that were for the plaintiff.
                    (D) The number of medical malpractice cases 
                considered nonmeritorious by the medical tribunal that 
                were tried to a judgment, and the number of such 
                judgments that were for the plaintiff.
            (2) Report to congress.--Not later than 18 months after the 
        end of the 3rd fiscal year in which grant funds are paid under 
        this section, the Secretary shall submit to Congress a report 
        setting forth the data collected under paragraph (1).
            (3) Cases considered meritorious.--For purposes of 
        paragraph (1), a case is considered meritorious by the medical 
        tribunal if the tribunal found that the evidence would be 
        sufficient to support a finding for the plaintiff, and a case 
        is considered nonmeritorious by the medical tribunal if the 
        tribunal found that the evidence would be insufficient to 
        support a finding for the plaintiff.
    (g) Medical Malpractice Case Defined.--In this section, the term 
``medical malpractice case'' means a civil action against a health care 
provider in which the plaintiff alleges harm arising from an error or 
breach of the standard of care by the health care provider in treating 
the plaintiff.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
fiscal years 2011 through 2013.
                                 <all>