Bill > A1567

Introduced Session

This bill, which is designated the "Medical Philanthropy Act," seeks to encourage physicians to provide their professional services without receiving compensation to more than 10% of their patients. In return for the provision of uncompensated care and treatment, the bill establishes a $250,000 cap on noneconomic damages for a physician's entire professional medical practice. With a limited malpractice liability risk, the physician will be subject to a reduced medical malpractice insurance premium. Specifically, the bill provides that a physician licensed to practice in this State who provides care or treatment to at least 10% of the physician's patients in a calendar year without receiving any compensation for that care or treatment, shall not be liable in any action for noneconomic damages alleging medical malpractice against that physician in an amount that exceeds $250,000. The $250,000 limit shall apply to cases arising out of care or treatment provided by the physician during the calendar year for which the physician qualifies for the $250,000 limit. The Commissioner of Health and Senior Services is directed to adopt rules and regulations that establish procedures for: -- physicians to report, document, and certify the uncompensated care and treatment provided in a calendar year and the total number of patients who received care and treatment from the physician during that year; -- the department to verify that the reported uncompensated care and treatment was provided to more than 10% of the physician's patients; and -- the department to notify the physician and the Department of Banking and Insurance that the physician qualifies for the medical malpractice insurance limit. Upon receipt of notification from the Department of Health and Senior Services, the physician may submit the notification to the physician's medical malpractice insurer and inform the insurer that the physician is subject to a limit of $250,000 in noneconomic damages for the calendar year. The bill takes effect on January 1, 2011.

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Jay Webber (R)*, 

Introduced, Referred to Assembly Financial Institutions and Insurance Committee (on 01/27/2016)