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108th CONGRESS
1st Session
H. R. 446
To establish an Emergency Malpractice Liability Insurance Commission.
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IN THE HOUSE OF REPRESENTATIVES
January 29, 2003
Mr. DeFazio introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To establish an Emergency Malpractice Liability Insurance Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Malpractice Liability Insurance Commission (EMLIC) Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Commission.
Sec. 3. Duties of the Commission.
Sec. 4. Final report; Congressional hearings.
Sec. 5. Powers of Commission.
Sec. 6. Commission personnel matters.
Sec. 7. Authorization of appropriations; GAO audit.
Sec. 8. Termination of Commission.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as Emergency Malpractice Liability Insurance Commission (in this Act
referred to as the ``Commission'').
(b) Purpose.--The Commission shall examine the causes of soaring
medical malpractice premiums and propose a comprehensive strategy to
combat the consequences.
(c) Membership of Commission.--
(1) Composition.--The commission shall be composed of 12
members of whom--
(A) 4 shall be appointed by the President, 1 of
whom shall be appointed to represent physicians'
interests, 1 of whom shall be appointed to represent
malpractice liability insurers, 1 of whom shall be
appointed to represent lawyers' interests, and 1 of
whom shall be appointed to represent consumer
protection interests;
(B) 1 Senator and 1 other individual shall be
appointed by the President pro tempore of the Senate
upon the recommendation of the Majority Leader of the
Senate;
(C) 1 Senator and 1 other individual shall be
appointed by the President pro tempore of the Senate
upon the recommendation of the Minority Leader of the
Senate;
(D) 1 Member of the House of Representatives and 1
other individual shall be appointed by the Speaker of
the House of Representatives; and
(E) 1 Member of the House of Representatives and 1
other individual shall be appointed by the Minority
Leader of the House of Representatives.
(2) Qualifications of members.--
(A) Presidential appointments.--Of the individuals
appointed under paragraph (1)(A), not more than 1 may
be an officer, employee, or paid consultant of the
Executive Branch.
(B) Other appointments.--Individuals who are not
Members of Congress, appointed under subparagraph (B),
(C), (D), or (E) of paragraph (1), shall be individuals
who--
(i) have expertise in medicine, insurance,
law, consumers affairs, or have other pertinent
qualifications or experience; and
(ii) are not officers or employees of the
United States.
(C) Other considerations.--In appointing Commission
members, every effort shall be made to ensure that the
members--
(i) represent a broad cross section of
regional and political perspectives in the
United States; and
(ii) provide fresh insights to analyzing
the medical malpractice insurance crisis
(d) Period of Appointment; Vacancies.--
(1) In general.--Members shall be appointed not later than
60 days after the date of enactment of this Act and the
appointment shall be for the life of the Commission.
(2) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(e) Initial Meeting.-- Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson.
(g) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(i) Voting.--Each member of the Commission shall be entitled to 1
vote.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall investigate and determine
whether a causal relationship exists between skyrocketing malpractice
insurance premiums, rising jury awards, decreased accessibility and
affordability of health care, and the increase in the number of
physicians moving, quitting or retiring from the practices in the field
of medicine. The Commission will make recommendations based on a study
of statistical trends and testimony that can be taken by Congress to
alleviate the impact of the crisis in medical malpractice liability
insurance.
(b) Specific Issues to Be Addressed.--The Commission shall examine
and report to the President and the Congress on at least the following:
(1) Nature and patterns of the medical malpractice
insurance market.
(2) Similarities and differences of the medical malpractice
insurance market to other lines of insurance.
(3) Impact of the McCarran-Ferguson Act on medical
malpractice insurance market.
(4) Federal role as it is and recommendations on how it
should be with respect to medical malpractice.
(5) Survey and assessment of the efficacy of State-level
legislation in insurance, in general, and medical malpractice
insurance, in particular.
(6) Survey of insurer's investments and strategies and its
role is premium rate setting for medical malpractice insurance.
(7) Role of jury awards in premium rate setting for medical
malpractice insurance.
(8) Relationship of medical malpractice premium rates and
overall medical practice costs
SEC. 4. FINAL REPORT; CONGRESSIONAL HEARINGS.
(a) Final Report.--
(1) In general.--Not later than 16 months after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a final report which contains--
(A) the findings and conclusions of the Commission
described in section 3;
(B) a detailed plan for comprehensive strategy to
combat the consequences of skyrocketing medical
malpractice liability insurance rates; and
(C) any recommendations for administrative and
legislative actions necessary to achieve such
reductions.
(2) Separate views.--Any member of the Commission may
submit additional findings and recommendations as part of the
final report.
(b) Congressional Hearings.--Not later than 6 months after the
final report described in subsection (a) is submitted, the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor and Pensions of the Senate shall hold
hearings on the report.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission may find advisable to fulfill the
requirements of this Act. The Commission shall hold at least 7 public
hearings, 1 or more in Washington, D.C. and 4 in different regions of
the United States.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.-- Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.
(a) In General.--There are authorized to be appropriated $2,000,000
to the Commission to carry out the provisions of this Act.
(b) GAO Audit.--Not later than 6 months after termination of the
Commission, the Comptroller General of the United States shall complete
an audit of the financial books and records of the Commission to
determine that the limitation on expenses has been met, and shall
submit a report on the audit to the President and Congress.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall cease to exist 30 days after the date on
which the Commission submits the final report under section 4.
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