Health Care Protection Act of 1980
Latest action. Referred to Senate Committee on Labor and Human Resources.
Health Care Protection Act of 1980 - Authorizes each State to establish a program for compensation and reduction of health care malpractice. Authorizes the Attorney General to promulgate regulations to carry out the purposes of this Act. Authorizes each State to establish malpractice screening panels with original and exclusive jurisdiction to hear all claims of health care malpractice by State certified or licensed health care personnel. Sets forth the procedural rules governing the handling of such claims by such panels. Requires such a panel to determine the amount of damages owed under State law by a defendant found liable for a compensable injury resulting from health care malpractice and enter an order to pay an award in that amount. Authorizes a State to provide judicial enforcement of an award that is not paid promptly. Prohibits review of a panel decision except for review of allegations of a conflict of interest by a panel member or of fraud. Specifies methods of payment of such damage awards. Requires that any party to a claim decided by a panel be entitled to trial de novo on such claim in State court. Requires that a panel or court report any findings of health care malpractice or notice of a settlement agreement to the State insurance commissioner and the State licensing or certification board with jurisdiction over the health care personnel concerned. Directs the State insurance commissioner to make such reports available to the public and to insurance carriers, which shall be authorized to adjust the rates of any health care personnel involved in such malpractice. Sets limits on the amount of the contingent fee which may be awarded to a winning claimant's attorney. Subjects an attorney who accepts a fee in excess of such limits to civil liability. Encourages a State to develop a program requiring specified health care institutions within the State to employ a risk management program for the reporting and investigation of all known or suspected incidents of malpractice within such institutions and the identification of preventive measures to reduce the risk of such incidents. Directs the Governor of a State to certify the State program and the Attorney General to approve such certification if such program is in compliance with this Act. Directs the Attorney General to make specified payments to a State with a certified program to support the establishment of the malpractice screening panels and the development of the State program under this Act. Directs the Governor to report to the Attorney General on the State's use of such payments. Reallocates funds paid to a State which does not have a program in compliance with this Act to those States which the Attorney General determines are most in need of additional funds to support certified programs.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on September 25, 1980. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on September 25, 1980: Referred to Senate Committee on Labor and Human Resources.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
DANIEL INOUYE (D-HI) introduced it on September 25, 1980. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on September 25, 1980, 16786 days ago. The most recent recorded action was 16786 days ago, on September 25, 1980.
Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers