Bill
Bill > HR2205
summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2011 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Provides for periodic payment of future damages. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Requires the dismissal of any lawsuit for which a qualified specialist does not submit an affidavit to the court as to whether there is a reasonable and meritorious cause for filing the action. Requires the claimant to pay the defendant's reasonable costs and attorney fees, under certain circumstances. Absolves health care providers from liability if such providers acted consistent with accepted clinical practice guidelines. Amends the Public Health Service Act to extend liability protections for employees of the Public Health Service to certain emergency medical personnel and health center volunteer practitioners. Protects disaster relief volunteers, nonprofit organizations, and other entities from civil liability for injuries related to disaster relief services or donated goods, except for injuries caused by willful, wanton, or reckless misconduct. Makes a state that has enacted and is implementing an alternative medical liability law eligible to receive an incentive payment from the Secretary of Health and Human Services (HHS). Subjects health care lawsuits in a state receiving an incentive payment to liability limits and other provisions governing health care liability claims if the state's alternative medical liability laws have not brought about a reduction in the number of health care lawsuits in the state, a reduction in the amount of time required to resolve lawsuits in the state, and a reduction in the cost of malpractice insurance in the state.
AI Summary
This bill, the Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2011, aims to reform the healthcare liability system by setting new conditions for lawsuits related to healthcare goods, services, or medical products that affect interstate commerce. Key provisions include requiring periodic payments for future damages, limiting each party's liability to their proportional share of responsibility, and mandating that lawsuits be dismissed if a qualified specialist doesn't provide an affidavit confirming a meritorious cause for the action, with the claimant potentially paying the defendant's costs if they lose. The bill also absolves healthcare providers from liability if they followed accepted clinical practice guidelines, extends liability protections to certain emergency medical personnel and health center volunteers, and shields disaster relief volunteers and organizations from civil liability for injuries related to disaster relief services or donated goods, except in cases of willful or reckless misconduct. Furthermore, it offers incentive payments to states that implement alternative medical liability laws, but subjects these states to federal liability limits if their reforms don't demonstrably reduce lawsuits, resolution times, and malpractice insurance costs.
Committee Categories
Business and Industry, Government Affairs, Health and Social Services
Sponsors (2)
Last Action
Referred to the Subcommittee on the Constitution. (on 08/25/2011)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/house-bill/2205/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112hr2205ih/pdf/BILLS-112hr2205ih.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112hr2205ih/pdf/BILLS-112hr2205ih.pdf.pdf |
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