H.R. 3857 (102nd): Medical Injury Compensation Fairness Act of 1991

Introduced:
Nov 21, 1991 (102nd Congress, 1991–1992)
Status:
Died (Referred to Committee)
Sponsor
John “Alex” McMillan
Representative for North Carolina's 9th congressional district
Party
Republican
Related Bills
H.R. 1989 (103rd) was a re-introduction of this bill in a later Congress.

Referred to Committee
Last Action: May 05, 1993

S. 1232 (identical)

Referred to Committee
Last Action: Jun 06, 1991

 
Status

This bill was introduced on November 21, 1991, in a previous session of Congress, but was not enacted.

Progress
Introduced Nov 21, 1991
Referred to Committee Nov 21, 1991
 
Full Title

To provide for medical injury compensation reform for health care provided under the Social Security Act and other Federal health programs, to amend the Internal Revenue Code of 1986 to implement like reforms in employer-provided health plans, and for other purposes.

Summary

No summaries available.

Cosponsors
7 cosponsors (6R, 1D) (show)
Committees

House Energy and Commerce

House Judiciary

Regulatory Reform, Commercial, and Antitrust Law

House Ways and Means

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

Widget

Get a bill status widget for your website »

Citation

Click a format for a citation suggestion:

Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


11/21/1991--Introduced.
Medical Injury Compensation Fairness Act of 1991 - Deems any person accepting or providing health care which is to be paid for, in whole or in part, directly or indirectly, with funds under the Social Security Act, the Public Health Service Act, or any other Federal Act to have agreed to participate in the dispute resolution program established under this Act. Makes such agreement binding and enforceable in court.
Requires any claim against health care providers for personal injury arising from care rendered under such Acts that is not settled voluntarily by the parties to be resolved only through a resolution service certified under this Act. Requires liability to be determined under the standard of care prescribed by State law except that, in certain circumstances:
(1) particular services must be rendered in accordance with medical practice guidelines certified under this Act;
(2) expert witnesses must possess specified qualifications; or
(3) an alternative method of compensation which has been certified under this Act is applicable.
Limits noneconomic damages.
Reduces awards for collateral source payments.
Provides for periodic payment of certain amounts for future damages.
Prohibits paying punitive damages to the claimant, requiring in certain circumstances that they be paid to the State. Requires, subject to exception, that charges by the resolution service be paid by the party against whom the claim is substantially resolved.
Amends provisions of the Internal Revenue Code relating to trade or business expenses to prohibit deductions for employer health plan expenses unless the covered employees agree to mandatory and final dispute resolution through a service certified under this Act. Directs the Secretary of Health and Human Services to develop:
(1) a standard notice to persons regarding their option to enter into agreements with health care providers to resolve claims in a manner consistent with this Act; and
(2) a standard contract for such purposes.
Requires health care providers, as a condition of eligibility for reimbursement under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, to make a good faith effort to enter into agreements with persons not subject to certain provisions of this Act to provide for the resolution of medical injury claims in a manner consistent with provisions of this Act. Deems contracts entered into in accordance with this provision to be binding and valid contracts in all courts.
Directs the Secretary to promulgate:
(1) regulations that establish the criteria and procedures to determine whether to certify an alternative dispute resolution service, allowing waiver of the criteria and procedures in certifying services sponsored by the States; and
(2) regulations that establish the criteria for certifying medical practice guidelines and that establish the criteria for certifying alternative methods of compensating personal injuries and other losses without regard to provider fault.
Declares that the procedures required by this Act are exclusive and prohibits any action seeking recovery for any personal injury covered by this Act in any State or Federal court, except as expressly provided in this Act. Provides that specified provisions of this Act apply to health care plans approved as part of collective bargaining agreements.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

Use the comment space below for discussion of the merits of H.R. 3857 (102nd) with other GovTrack users.
Your comments are not read by Congressional staff.

comments powered by Disqus