Legislative Activity on Health Courts
Health courts have gained substantial interest from legislators at both the federal and state levels. The links below offer more information and the full text of bills involving health courts.
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Federal
Senator Tom Coburn (R-OK) recently introduced a series of changes to the country's health care system with this bill. Among the included proposals is the creation of health courts to handle medical malpractice claims.
In May 2007, Senators Michael Enzi (R-WY) and Max Baucus (D-MT) introduced this legislation in the U.S. Senate which would fund up to 10 state pilot projects of alternative dispute resolution and compensation systems for medical injury cases, including special health courts. An identical bipartisan bill has been introduced in the House.
In May 2007, Representatives Jim Cooper (D-TN) and Mac Thornberry (R-TX) concurrently introduced the Fair and Reliable Medical Justice Act in the House. The bills differ from the earlier version by specifying that all pilot projects shall provide for opt-out or voluntary withdrawal.
In June 2007, Representative Tom Price (R-GA) introduced this health care reform bill which would provide grants to create specialized health courts for resolving medical injury disputes.
Senators Michael Enzi (R-WY) and Max Baucus (D-MT) have introduced this legislation in the U.S. Senate which would create special health courts on a pilot project basis. Hearings on this bill were recently held by the Senate Heath, Education, Labor, and Pensions Committee in June 2006.
Representative Mac Thornberry (R-TX) has introduced this bill which would authorize grants to as many as seven states to establish special health courts to restore reliability to medical justice.
State
Maryland
In February 2008, Senator Andrew Harris introduced this bill to establish a task force on administrative compensation for birth-related neurological injury. The task force would investigate financial, policy, administrative, and legal issues critical to the design of a birth-injury compensation program. The task force would also examine the potential benefits of such a program such as the effect on the availability of affordable liability coverage for obstetricians.
In February 2008, Delegates Gerron Levi and Chris Shank introduced this bill to establish a task force on administrative compensation for birth-related neurological injury. The task force would investigate financial, policy, administrative, and legal issues critical to the design of a birth-injury compensation program. The task force would also examine the potential benefits of such a program such as the effect on the availability of affordable liability coverage for obstetricians.
In February 2007, Senator Bobby Zirkin introduced this bill that would establish a medical liability division in circuit courts to ensure that medical liability matters are treated efficiently, equitably, and effectively in the justice system.
In February 2007, Delegates Dan Morhaim and Chris Shank introduced this bill that would establish a Task Force to:
- study the administrative compensation programs for birth–related neurological injury established or proposed in other states;
- investigate the financial, policy, administrative, and legal issues critical to the design of an administrative compensation program for birth–related neurological injury; and
- examine the impact of an administrative compensation program for birth–related neurological injury on the supply of physicians practicing obstetrics.
This bill sponsored by Delegate Dan Morhaim would create a Task Force to study the creation of a medical liability division within the Maryland circuit courts. The bill is closely modeled after House Bill 15, passed in April 2000, which established a Task Force to investigate and make recommendations on the creation of a business and technology division within the state circuit court system. Maryland subsequently established a separate case management system for business and technology cases.
Delegate Dan Morhaim introduced this bill, which would create a medical malpractice review board. These boards, composed of trained judges with the authority to hire neutral experts, would review a medical injury case and offer a decision. Parties can accept the board’s decision or reject it and proceed to the trial court.
Delegate Bobby Zirkin introduced this bill requiring that health care malpractice actions filed in circuit court first be referred to a medical malpractice review board, which encorporates elements of the health court model.
This bill, introduced by Delegate Chris Shank, would establish a Medical Malpractice Division Task Force to study the feasibility of creating a medical malpractice division within the circuit court structure.
Massachusetts
This bill, introduced by Senators Richard Moore and Richard O'Leary in January 2007, would create an administrative compensation system as an alternative to the current tort system for medical liability.
Introduced in the 2007 Senate session by Senators Richard Moore and Robert O'Leary, SB 955 would establish separate "medical injury courts" dedicated to handling medical malpractice claims.
New Jersey
Introduced by Senator Thomas Kean, Jr. on January 10, 2006, this bill would allow for the creation of a Medical Malpractice court dedicated to adjudicating malpractice claims.
Rep. David Russo proposed this bill in the 2006 session to create a separate medical malpractice court as part of the state's Superior Court. The bill allows for the establishment of a court as well as the appointment of specific justices to oversee medical liability claims.
New York
Introduced by Senators Volker and Hannon on April 28, 2008, this bill would create a birth-injury program for infants in the state of New York. Similar to programs in place in Florida and Virginia, it would provide no-fault compensation through an administrative system to children and families of infants with neurological birth-injuries.
This bill introduced by Senator Volker in March 2007 would authorize the Office of Court Administration to designate up to five counties for health court pilot projects. In such counties, a separate division would be created within the Supreme Court to hear exclusively medical injury cases.
Introduced by Rep. Towns in May 2007, this is the companion bill to S 4149 introduced by Senator Volker in March 2007. The bill would authorize the creation of health court pilot projects.
Pennsylvania
Introduced in March 2007, this bill would authorize the Joint State Government Commission to award grants to hospitals to develop administrative compensation pilot projects. The bill follows recommendations made by the Advisory Committee on Medical Professional Liability appointed by the Joint State Government Commission.
Introduced by several state senators, this bill would establish pilot projects for administrative compensation system in medical liability cases involving hospitals.
Oregon
Introduced in the 2007 regular session by Senators Bates and Morse, SB 655 would establish medical malpractice courts in several jurisdictions. The legislation further specifies the number of judges to be appointed and stipulates rules for appointing justices.
Virginia
These joint resolutions were passed by both houses of the Virginia legislature in February and March 2006. They authorize the Subcommittee to investigate the feasibility of establishing a multijurisdictional pilot health court and subsequently a system of health courts in Virginia.
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