SB 228. Annual reports to be filed with state by malpractice insurers expanded to include specified statistics about policies; Insurance Commissioner to file subsequent report with state legislature and governor.

SB 233. General insurance reform including malpractice liability insurance; insurance policy holder’s bill of rights; standards and criteria for malpractice insurance rates outlined; liability insurance rate administration and rate criteria outlined; malpractice insurers to file classifications, rates, and rules with Insurance Commissioner for the purpose of public review.

AB 592. Medical professional not subject to discipline for specified aspects of unprofessional conduct solely on basis that treatment or advice rendered to patient is alternative or emerging medical care.

S 82. Creates Florida Medical Malpractice Insurance Fund, plan of operation to be submitted to Insurance Regulation Office, investment requirements, to issue medical malpractice policies to any physician regardless of specialty.

S 684. Repeals constitutional amendment that prohibits licensing a physician who has been found to have committed three or more incidents of medical malpractice.

S 938, HB 1797. Implements Constitutional Amendment adopted in 2004 General Election called “Patients’ Right to Know;” specifies right of access to records relating to adverse medical incidents; disclosure of identity of patients prohibited, other privacy restrictions; restrictions on use of records; defines terms and applicable fees charged.

S 940, HB 1739. Implements Constitutional Amendment adopted in 2004 General Election, requiring that doctors lose medical license in state if found guilty of medical malpractice 3 or more times in 5 years; defines terms and guidelines, establishes licensure requirements, gives authority to Department of Health to carry out disciplinary action against physicians found guilty of medical malpractice.

S 972, HB 665. State already requires medical professionals to maintain letter of credit or escrow account for the purpose of settling claims if not carrying liability insurance; proposal raises minimum amount required for accounts and/or medical liability insurance.

S 1692, HB 1275. Provides for out-of-state physicians to obtain expert witness certificate upon approval by Board of Medicine; false, deceptive, or misleading expert testimony constitutes grounds for disciplinary action or denial of medical license.

S 2218. Implements Constitutional Amendment adopted in 2004 General Election, called “Patients’ Right to Know;” certain records not subject to discovery or evidence in civil or administrative action; other certain records not immune from discovery; record preparer not to be compelled to testify about information or findings.

HB 863. Medical malpractice claimants required to provide defendants with release forms granting defendant access to claimant's medical records; permits limited interviews of claimant’s health care provider.

SB 131, HB 1059. Authorizes and funds creation of captive insurance company by state health systems corporation to provide medical malpractice and other liability insurance to state medical schools and their physicians in 5-year pilot project.

SB 466. Income tax credit to physicians practicing neurosurgery, orthopedics, obstetrics-gynecology, or emergency room services in medically underserved areas and who receive more than 20% of income from Medicare and other programs for a portion of the amount of medical or dental malpractice premiums.

SB 468, HB 181. Noneconomic damages limited to $250,000; defendants liable for only proportion of fault, separate judgments to be rendered against each party individually based on the proportion of fault; attorney fees limited; collateral source benefits admitted in evidence; punitive damages allowed only on proof of malicious intent and limited to greater of $250,000 or twice value of economic damages awarded; periodic payments allowed on future damages over $50,000; statute of limitations lowered to one year after injury or discovery and no longer than 3 years, statute of limitation for injury to minor within 3 years or until 8^th birthday.

SB 517. Limit on noneconomic damages reduced from $375,000 to $250,000.

SB 518. Defendant is liable for no more than percentage of share of damages attributable to that individual or entity, repeal of exceptions abolishing joint and several liability.

SB 707, HB 598. Limits special damages claims when such arise out of medical or other health care services paid for by a government program, such as Medicare or Medicaid.

SB 757. Noneconomic damages limited in malpractice actions; premium rates limited for insurers providing professional liability insurance; repeals limits on noneconomic damages if an insurer does not comply with the premium rate caps.

SB 771, HB 662. Good Samaritan clause expanded to exempt physicians from liability when they are in good faith rendering emergency medical care.

HB 230. Income tax credit to physicians and dentists practicing in specified fields, in medically underserved areas, and receiving more than 10% of income from Medicare and other programs for percentage medical or dental malpractice premiums.

HB 237. Establishes commission within Insurance Commission to develop legislation for medical malpractice reform, a state-sponsored insurance company, and the use of captive insurance plan.

HB 648. Limits noneconomic damages to $250,000; punitive damages limited to $250,000 or three times amount of compensatory damages; attorney's fees limited on sliding scale; damages allocated to defendants in proportion to degree of negligence; joint and several liability allowed if negligence 25% or more; allows periodic payment of future damages in malpractice actions; 3-year statute of limitation.

HB 854. Noneconomic damages limited to $250,000 when recovered from a physician or surgeon specifically for emergency care services provided in emergency room of a hospital.

SB 7. Health Care Enterprise Zone Act - Department of Public Health may certify certain areas in state as suffering from shortage of medical services as health care enterprise zones or specialty shortage zones; beginning after Dec. 31, 2006, health care professionals practicing at least 50% of year in shortage zone may request specified income tax credit or abating of property tax as part of practice; total amount of abated taxes for an entire county limited to $5 million per year.

SB 50. Creates risk retention trusts within certain counties to provide liability insurance for participating physicians and health care professionals; county boards may incur debt to make available and improve medical services; amends medical liability insurance regulation of rates; liability insurance resource center to be established on Internet; reports on liability insurance claims to be submitted to Secretary of Financial and Professional Regulation; Secretary to hold hearings relating to liability insurance rate increases; appointing of medical coordinators and investigators; regulation of medical discipline and proceedings, disclosure of information; amends regulation of health care arbitration agreements concerning validity and cancellation; amends civil procedures relating to expert witness standards and submitted affidavits, liability of hospital in case of non-employee member of staff; doctor apology is not admissible as evidence in court; Good Samaritan clause revised to expand immunity for services performed without compensation at or upon referral from free medical clinics; creates “Sorry Works” pilot program to acknowledge mistakes and promptly offer fair settlements; creates working study committee to research other states’ efforts regarding damage limits and annuities.

SB 150, HB 705. Creates risk retention trusts to provide liability insurance for participating physicians and health care professionals; county boards may incur debt to make available and improve medical services; amends medical liability insurance regulation of rates; liability insurance resource center to be established on Internet and court clerks to provide relevant information; amends regulation of medical discipline and proceedings, disclosure of information; amends regulation of health care arbitration agreements concerning validity and cancellation; amends civil procedures relating to expert witness standards and submitted affidavits; noneconomic damages limited to $250,000; liability of hospital in case of non-employee member of staff, limits on attorney fees; Good Samaritan clause revised to expand immunity for services performed without compensation at free medical clinics and to retired physicians when responding to emergency department; doctor apology is not admissible as evidence in court; creates “Sorry Works” pilot program to acknowledge mistakes and promptly offer fair settlements, funded through state treasury.

SB 151. Creates separate circuit court within each appellate district solely for medical malpractice actions, Supreme Court to appoint a selection panel to recommend judges from among circuit judges possessing specified qualifications, recommended judges to be assigned to malpractice court, jury pools to be drawn from the entire appellate district.

SB 154. Expands Good Samaritan Act to include retired physicians as exempt from liability; expands immunity to include services performed without compensation at or upon referral from free medical clinics; free medical clinics may receive reimbursement from Department of Public Aid within specified guidelines.

SB 243. Any award of noneconomic damages in malpractice cases in excess of 100% of economic damages shall be presumed punitive and in violation of public policy.

SB 276. Counties with specified population demographics authorized to establish administration of medical care risk retention trust program, including costs, eligibility, and fees; trust standards, administration and investment authority specified; liability resource center to be established as online database by Secretary of Financial and Professional Regulation, information to be released specified; Secretary to collect from courts reports on medical liability actions submitted, including judgments and settlements; fines for incomplete or inaccurate reports; malpractice insurance rate increases to be submitted to Secretary and public hearings held; Medical Disciplinary Board to maintain specified number of investigators per physicians licensed in state; physician acting in good faith immune from criminal charges or civil damages if medical incidents reported to Disciplinary Board and/or peer review; doctor’s expression of sympathy or apology not admitted as evidence in court; expert witness standards.

SB 280. Physician’s personal assets may not be used to satisfy judgment in malpractice action within certain parameters; physician may make motion to exempt personal assets from judgment.

SB 447. If medical care provider found to have committed 3 or more incidents of medical malpractice, Department required to refuse medical license and revoke any license issued.

SB 475. Noneconomic damage limit of $500,000 against individual, $1 million against hospital; expert witness standards, doctors providing certificate of merit review to meet same standards; annuity for future medical expenses and cost of life care; apologies by doctors and hospitals not permissible as admission of liability; implementation of Sorry Works pilot program; public hearings required for insurance rate change of more than 6% or at request of insureds; other medical liability insurance reforms; medical liability insurance data disclosure via internet, Secretary of Insurance to collect specified information; changes to Medical Disciplinary Board including increase of disciplinary fine and extension of statute of limitations for complaints; creation of Patients’ Right to Know.

SB 1979 (Amendment 3). Noneconomic damages awarded against medical facility limited to $500,000 or $750,000 in case of severe injury as specified; noneconomic damages awarded against individual physician limited to $250,000 or $500,000 in case of severe injury as specified.

SJR 3. Requests that Supreme Court modify administrative orders to provide for specific medical malpractice recordkeeping, case designation, and reporting.

HB 252. Health care facilities to develop patient safety plan; report to Department of Public Health preventable adverse incidents occurring and patient informed; reporting mechanism created for health care professionals; criminal penalties for false reports; Department of Public Health, Medical Licensing Board and Podiatric Medical Licensing Board to maintain information on all physicians and podiatrists licensed in state and create profiles to be made available to the public; specifications and reporting of said profiles; disciplinary action time limitations expanded with exceptions.

HB 366. Defines types of loss in malpractice situations, distinguishes between economic and noneconomic damages.

HB 370. Requires that reports from reviewing health professional in malpractices cases contain identifying information; reviewer providing frivolous or improper review liable to both parties for costs and attorney fees; specifications to find review frivolous.

HB 646. If medical professional has committed 3 or more violations of gross negligence, grounds for discipline; any similar provision of another jurisdiction or other specified actions or omissions, Department to refuse to issue medical license or revoke Illinois medical license already issued.

HB 1580. Expanded time period to commence specified disciplinary actions against medical professionals, with exceptions; public release of individual profiles of licensed physicians including information on disciplinary actions, privilege revocations, and malpractice awards; specified methods of collecting and releasing information.

HB 1599. Selection of medical coordinators and investigators; expanded time for medical oversight to begin investigation of any civil action ruled in favor of plaintiff; investigative records expunged after specified time; health care arbitration agreements valid for 10 years; reports from reviewing health professional in malpractices cases to contain identifying information; standards to qualify as expert witness in court; limit of noneconomic damages awarded against hospital or physician’s business, protection of physician’s personal assets.

SB 54. Licensed medical practitioner immune from civil liability when voluntarily providing health care services without compensation at free medical clinics or health care facilities; other non-medical civil liabilities included.

SB 586. Standard of review for assessing the awarding of noneconomic damages; post-judgment motion may be filed by either party for review of noneconomic damages award.

SB 616. Civil immunity for specified individuals providing health care services to inmates of county jails or state correctional facilities under certain circumstances; state and local governmental units to disburse funds to medical office or hospital providing health care services to inmates; requires funds to be used for purchase of professional liability insurance.

HB 1119. Licensed medical practitioner immune from civil liability when providing health care services without compensation at certain entities.

SB 43. Tax credit made available to individual medical providers participating in Essential Health Provider Program for medically underserved areas, continuing education or medical sabbaticals; certification for eligibility by Department of Community Health.

HB 4259. Statement or action expressing sympathy made to individual or family member not admissible as evidence of admission of liability in malpractice action.

HB 4773, HB 4811. Repeals product liability immunity for drug manufacturers in relation to pharmaceuticals approved by the U.S. Food and Drug Administration.

SF 1107. Requests Minnesota’s Congressional delegation to support President Bush’s call for legal reform.

SF 2131, HF 1464. Best practice guideline is standard of proof in malpractice cases; noneconomic damages limited to $250,000; punitive damages limited to $250,000 to be paid to Minnesota Comprehensive Health Association; attorney fees limited on sliding scale.

HF 2. Best practice guidelines for medical malpractice actions; noneconomic and punitive damages each limited to $250,000; attorney fees limited on sliding scale; other health care cost reforms not connected with medical malpractice actions.

HF 653. Statute of limitations for medical malpractice cases set at 4 years, no exceptions.

SM 7. Requests New Mexico Health Policy Commission and Insurance Division of Public Regulation Commission to convene task force on health care practitioner liability insurance to review relevant state statutes, make recommendations to be made to legislature and governor by November 2005.

SM 20, SM 24, HM 7, HM 13. Requests New Mexico’s Congressional delegation to support President Bush’s call for medical malpractice liability reform.

S 44. Claimant must give written notice at least 60 days prior to filing malpractice lawsuit, notice must be accompanied by release of medical information; creation of Medical Disclosure Panel to determine risks and hazards to be disclosed to patients prior to procedure; patient must sign form acknowledging risks were outlined; limited liability for hospitals and health care providers in emergency room situations unless proven gross negligence, conditions outlined; statute of limitations 2 years from act, minors under age 12 until 14th birthday, full limit no later than 10 years; noneconomic damages limited to $250,000 regardless of number of defendants; total damages including punitive limited to $500,000; hospitals providing free services in specified situation not liable for more than $500,000; guidelines for filing expert report; qualifications for expert witnesses; collateral source allowed into evidence; periodic payment scale; attorney fees limited on sliding scale.

S 217. Claimant may acquire information about prospective defendant's malpractice insurance coverage limits.

S 989, H 1344. Noneconomic damages limited to $350,000; noneconomic damages for persistent vegetative state or death limited to $500,000; rules for accounting and awarding of periodic payments; settlements reported by attorney for plaintiff to Department of Insurance; attorney fees limited on sliding scale; stay of payment rules; statute of limitations 10 years from last act for birth related injuries; specifics of reports by malpractice insurers to Department of Insurance, Commissioner to report annual trends to state legislature; medical disciplinary actions modified; expert witness and affidavit rules.

S 1092. Medical Board revisions - provision for Board to publish on public website specified information of malpractice settlements; conduct investigation if 2 or more malpractice reports received in 15 years, publish findings on website; publish on public website all awards against individual physicians in medical malpractice actions if physician has made 3 payouts within 10 years in excess of $100,000 and any payouts over $1 million.

H 291. Issues of economic and punitive damages, if any, tried in bifurcated hearings; evidence related to punitive damages not admissible until defendant found liable for economic damages.

H 346. Commissioner of Insurance to establish comprehensive classification rating plan for malpractice insurance; not to be based on medical specialties; risk pool to be based on pool of all physicians licensed in state.

H 1229. Medical Board revisions - provision for Board to make public information on all awards against individual physicians in medical malpractice actions if physician has made 5 payouts within 10 years in excess of $100,000; other specified information to be released.

H 1359. Malpractice insurance providers to file rate application with Insurance Commissioner to change rates; if change more than 15%, must have public hearing; annual reporting specifications to Insurance Commissioner, penalties and fines for failing to file; proceedings and records of medical or peer review panels and quality assurance committees confidential and not admissible in court; medical pre-litigation panel report to be considered by jury; rules for expert witness affidavits; bifurcated trial if damages alleged over $100,000; if noneconomic damages awarded over $250,000, court to hold post-trial hearing to judge excess of damages; noneconomic damages limited over all to $500,000; tax credit for physicians for malpractice insurance premiums on varied scale.

SB 2199. Plaintiff must submit affidavit to individual medical personnel or facility named as defendant within 3 months of commencement of malpractice action, affidavit must contain admissible expert opinion and identification of expert.

SB 970. Modify noneconomic damage limit to be one-third of amount awarded for economic damages.

SB 1014. Creation of Joint Task Force on Patient Safety to study patient safety regulation potentially to include premium discounts for malpractice insurance based on performance, risk management training, other; define structure of independent entity to coordinate patient safety initiatives in state; Board of Nursing authority over disciplinary actions and investigation of misconduct allegations.

SR 4. Requests Oklahoma’s Congressional delegation to support President Bush’s call for medical malpractice liability reform.

HB 2032. Punitive damages awarded only if jury is unanimous in finding liability and in amount to be awarded, 50% of punitive damages awarded in malpractice action go to state and deposited in Oklahoma Health Care Authority Revolving Fund.

HB 2047. Sliding scale for attorney fees; noneconomic damages limited to $300,000 except in wrongful death cases; jury award of punitive damages must be unanimous; collateral source admitted into evidence; written disclosure required to explain associated risks and hazards of any procedure; periodic payments allowed for award over $100,000; liability regarding pharmaceutical products limited for health care providers and other distributors within parameters; required standard of proof in medical liability actions involving emergency care.

SB 76. Minimum medical malpractice insurance coverage set at $500,000 per occurrence, $1.5 million aggregate; other minimum coverage set; Department of Insurance to create experience-rating system for medical providers to adjust insurance premium rates.

HB 167. Amends state constitution to allow legislature to enact noneconomic damage limits in malpractice actions.

HB 379. Amends state constitution to allow legislature to limit attorney fees in malpractice actions.

HB 719. Establishes mandatory pre-litigation screening in medical malpractice actions; department to create panel, regulations and procedures.

HB 743. Provides medical malpractice premium discounts to health care providers who institute total quality management systems; sets premium rate discounts and increases based on number of claims paid in specified time frame; total quality systems to be approved by Department of Health.

HR 79. Directs Legislative Budget and Finance Committee to conduct audit of Insurance Department performance and report to legislature recommendations of statutory, regulatory or administrative changes.

HR 223. Directs Legislative Budget and Finance Committee to conduct investigation of disciplinary practices of State Board of Medicine, report findings to legislature.

S 93, H 5149. Several liability only in personal injury or wrongful death cases, unless defendant’s action is more than 25% of cause; damages apportioned by percentage of culpability and separate judgments rendered.

S 94, H 5150. Interest on economic damages lowered from 12% to 6%.

S 107. Administrator of Board of Medical Licensure and Discipline to file with state legislature annual reports on medical liability insurance on specified areas of information, to include recommendations for legislative action.

S 343. Statute of limitations amended for minors to within 3 years of 8th birthday; both parties must disclose expert witness identities and substance within time periods or court can dismiss case or default offending party; prejudgment interest set at 5%, post-judgment interest set at 12%; certificate of merit filed when claim is submitted to court, specifics listed; if certificate found not in good faith, sanctions issued and possibly include plaintiff to pay defense costs.

S 447. Good Samaritan clause expanded to include local and volunteer fire departments, rescue squads, and ambulance associations acting within course of duty, unless act or omission constitutes negligence or willful misconduct.

S 729, H 5695. Statute of limitations amended for minors to age 8; amended to within 1 year of discovery; plaintiff to make substantive disclosure of expert testimony; prejudgment interest reduced to 5% with exceptions; certificate of merit be filed with each claim for damages in medical liability action.

H 5437. Malpractice insurance regulation reform including Director of Department of Business Regulation to set standards for calculation of rates; insurers to file rating plans with state; establishes Internet resource to enable physicians to compare malpractice premium rates of insurers within state; if Commissioner finds insurer has charged excessive or discriminatory rate, refunds issued to policy holders; insurers to provide specified information to Commissioner.

H 5567. Department of Human Services to create pilot program providing liability insurance to fund grants for non-profit medical facilities; medical personnel volunteering at least 100 hours annually for no compensation eligible to receive liability insurance for services provided.

SB 212, HB 326. Any medical practitioner who voluntarily and without compensation provides health care services within scope of state license at health care clinics receives civil immunity for rendered services unless act or omission was gross negligence or willful misconduct.

SB 234, HB 1236. Limits noneconomic damages in medical malpractice action to $1 million.

SB 290, HB 211. Eliminates requirement that expert witness in medical malpractice case be from contiguous bordering state.

SB 349, HB 258. Periodic payments authorized by court upon the request of either party when award of future damages exceeds $100,000; periodic payments not allowed when malpractice was intentional.

SB 442, HB 1011. Expert witness qualifications and disclosures in malpractice actions.

SB 693, HB 2194. Malpractice insurance providers to report to Insurance Department any intention to raise premium rates, Department to approve or reject.

SB 730, HB 1193. Confidential reports of malpractice incidents to be reported to Board of Medical Examiners to determine if disciplinary action is warranted.

SB 1233, HB 1850. Creation of medical review panel to provide opinion of malpractice prior to lawsuit being filed; procedures and membership outlined; no evidence or witnesses admitted; decision admitted as evidence in court; parties not bound by panel decision.

SB 1579. Noneconomic damages limited to $250,000; attorney fees based on amount of damages; periodic payments may be allowed by court if damages awarded are over $75,000.

SB 1590, HB 94. Statute of limitations in malpractice action to commence within 4 years unless minor under age 6.

SB 1591, HB 95. Collateral source admissible into evidence; noneconomic damages limited to $250,000; periodic payments may be allowed by court if damages awarded are over $50,000; attorney fees limited on sliding scale; any contract including provisions of binding arbitration to include specified notice language.

SB 1608, HB 483. Applicable patient medical information available to defendant with no violation to doctor-patient privilege, dismissal of claim if information release refused by plaintiff.

SB 1860, HB 1572. Medical liability insurer not to issue policies with higher premium rates based on other states’ claims experience than Tennessee’s claims experience would justify.

SB 1898, HB 2226. Medical malpractice insurance rates to be approved by Insurance Commissioner prior to sale or issuance of medical liability policy; basis for approval or rejection of rates by Commissioner; Commissioner to annually provide state elected officials with number of requests for rate changes and any disapprovals issued.

SB 1926, HB 2231. In malpractice action in which liability is admitted or established, if claimant did not have health insurance at time of incident, damages awarded only to include actual economic loss, no other damages awarded.

SB 2110, HB 2033. Sorry Works program established in which participating medical facilities and medical professionals promptly acknowledge errors and offer fair settlement; noneconomic damages awarded under program limited to $250,000.

SB 2178, HB 2122. Noneconomic damages limited to $250,000 in specific cases; periodic payments may be allowed by court if damages awarded are over $75,000; attorney fees limited on sliding scale; expert witness qualifications; claimant to file affidavit of expert opinion; “frivolous lawsuit” defined and damages awarded against claimant filing within frivolous definition.

SJR 84. Requests Tennessee’s Congressional delegation to support President Bush’s call for medical malpractice tort reform.

S 94. Commissioner of insurance administration authorized to direct liability insurance provider required to indemnify a defendant in a malpractice action to pay all or part of medical costs of claimant in cases where liability of insured for those costs is reasonably established, regardless of pending judicial determination.

S 149, H 329. Vermont property and casualty guaranty association to pay malpractice claims filed within specified time frame against insolvent insurers; public inspection permitted of all liability rate filings; statute of limitations for minors until age 9 if injury occurs before age 6; standards for physician expert witnesses; noneconomic damages limited to $250,000 and adjusted according to Consumer Price Index beginning in 2008; doctor expression of regret or apology inadmissible as evidence; limited liability immunity for health care practitioners providing volunteer or public health services; mandatory arbitration process established.

H 281. Plaintiff in malpractice actions required to file certificate of qualified expert; collateral source compensation attributed to award and damages reduced accordingly; doctor expression of regret or apology inadmissible as evidence; mandatory mediation process established.