[Congressional Record Volume 149, Number 37 (Friday, March 7, 2003)]
[Extensions of Remarks]
[Page E406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        MEDICAL LIABILITY INSURANCE CRISIS RESPONSE ACT OF 2003

                                 ______
                                 

                            HON. MAX SANDLIN

                                of texas

                    in the house of representatives

                        Thursday, March 6, 2003

  Mr. SANDLIN. Mr. Speaker, I am pleased today to introduce legislation 
that actually addresses the skyrocketing medical malpractice insurance 
premiums of such concern to physicians and other health care providers 
all across our Nation.
  The ``Medical Liability Insurance Crisis Response Act of 2003'' takes 
significant steps directly to address the insurance premium crisis that 
plagues what is otherwise the finest health care system in the world.
  First, the bill proposes a partial repeal of the McCarran-Ferguson 
Act to limit the antitrust exemption currently covering the medical 
malpractice insurance industry.
  Second, the bill addresses the current economic strain faced by many 
health care providers by requiring the prompt payment of undisputed 
claims by health insurance carriers and penalizing those carriers who 
fail to comply.
  Third, the bill authorizes the creation of a National Nurse Service 
Corps Scholarship Program to address our health care system's dire 
nursing shortage. It takes steps to improve recruitment, retention and 
education of our Nation's nurses.
  Fourth, the bill proposes medical malpractice liability reform by 
requiring mandatory mediation of all malpractice claims before trial, 
by taking steps to prevent the filing of frivolous medical malpractice 
claims through the imposition of sanctions and other measures, and by 
requiring that plaintiffs in medical malpractice litigation to file an 
affidavit of merit prior to the commencement of any litigation.
  Fifth, the bill directly addresses the medical malpractice insurance 
problems confronting our Nation's health care providers. It creates an 
Advisory Commission on Medical Malpractice to conduct an examination of 
current problems and, within one year, to provide to the Congress 
specific legislative and regulatory recommendations to solve the 
problem. It further freezes medical malpractice insurance rates during 
the period of the Commission's study. The bill provides significant 
disincentives to medical malpractice insurance carriers to address the 
current problems of industry exodus and renewability of coverage. It 
requires medical malpractice insurance carriers to offer coverage to 
any physician with no medical malpractice claims during the previous 
three years and imposes significant disclosure obligations on carriers 
to allow more informed monitoring of the industry with the goal of 
averting similar crises in the future. In addition, it limits the 
ability of carriers to raise malpractice insurance premiums without a 
clear demonstration of business necessity.
  Sixth, the bill expresses the sense of Congress that states should 
consider additional and alternative methods to address medical 
malpractice insurance rates.
  Finally, the bill provides tax incentives to physicians who practice 
in high-risk specialties or medically underserved areas to encourage 
them to maintain their current practices and provide improved access to 
our Nation's health care system.

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