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H.R. 5253 (107th): Medical Liability Insurance Crisis Response Act of 2002

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

7/26/2002--Introduced. Medical Liability Insurance Crisis Response Act of 2002 - Amends the McCarran-Ferguson Act (antitrust) to exempt from the antitrust laws joint conduct concerning data, forms, manuals and the provision of medical malpractice insurance pursuant to a public necessity market mechanism or the administration of such mechanism in a State.Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to provide for the prompt payment of claims.Amends the Public Health Service Act to address the issue of the nursing shortage through the Nursing Workforce Development Student Loan Repayment program, the establishment of a National Nurse Corps Scholarship program, and other grant and scholarship programs to train and retain nurses.Establishes an alternative dispute resolution system for medical malpractice cases which preempts other State and Federal law, excluding vaccine-related claims.Mandates mediation before trial.Requires certifications and affidavits by participating parties and attorneys that certain consultations and investigations have taken place and that their case is reasonable and meritorious. Imposes sanctions, including payment of attorney's fees and costs, for submitting false allegations.Permits the periodic payment of awards over $250,000.Directs the Secretary of Health and Human Services to appoint an Advisory Commission on Medical Malpractice. Freezes medical malpractice insurance rates until after the Commission's report.Addresses other medical malpractice insurance issues, including withdrawal from the market, guaranteed coverage and renewability, and disclosure.Requires the Secretary to establish an interactive, secure Internet site to provide medical malpractice insurance quotes.Amends the Liability Risk Retention Act of 1986 to mandate equal treatment between traditional insurers and risk retention groups.