Medical Malpractice Insurance and Litigation Reform Act
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Congressional Research Service
Official summary
Version 00 · Introduced in House · Mar 6, 2003
Medical Malpractice Insurance and Litigation Reform Act - Declares that nothing in the McCarran-Ferguson Act shall be construed to permit commercial insurers to engage in price fixing, bid rigging, or market allocations while providing medical malpractice insurance, except that this section shall not apply to a State regulatory body with the authority to set insurance rates.Directs each State to allow any State-licensed health care professional to challenge a proposed rate increase in medical malpractice insurance. Requires a provider to justify any such rate increase to the State.Establishes the Federal Medical Malpractice Insurance Association in the Department of Health and Human Services, to provide malpractice insurance in States where it is not available at reasonable and customary terms.Prohibits any individual from bringing a medical malpractice liability action unless it is accompanied by the affidavit of a qualified specialist attesting to the reasonableness of the filing. Requires the attorney of a person filing such an action, or the individual if there is no attorney, to sign a certificate of merit attesting to the justified nature of the action.Directs courts to impose sanctions for violations of the provisions pertaining to the certificate of merit, including to issue fines for multiple offenders.Requires mediation, to be made available by the State, before a trial for any medical malpractice liability action.Applies this Act to medical malpractice liability actions in State or Federal courts except to any claim or action for damages from a vaccine-related injury or death to the extent that the Public Health Service Act applies to such actions. Preempts State law.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsor introductory remarks on measure. (CR E392-393)
Introduced in House
Introduced in House
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Source last updated: Aug 18, 2025. Consult Congress.gov for the current record.
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