S.Amdt. 2948

SA 2948. Ms. SNOWE submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

Strike subtitle I of title VI and insert the following:

Subtitle I--State Medical Malpractice Programs

SEC. 6801. PRE-LITIGATION SCREENING AND MEDIATION PANELS.

(a) In General.--As a condition for receiving Federal funds
under the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), each State and
territory shall, not later than 3 years after the date of
enactment of this Act, create a pre-litigation screening and
mediation panel which shall provide timely review of each
medical malpractice claim before such claim is filed in a
State or Federal court in such State.
(b) Requirements.--
(1) In general.--Each medical malpractice claim shall be
heard by such panel before such claim may be filed in a State
or Federal court and before litigation of such case may
commence.
(2) Reports.--The panel shall issue a report containing the
findings and recommendations of such panel, based on the
evidence presented to the panel. The report described in this
paragraph shall not affect a claimant's right to bring a
medical malpractice claim in State or Federal court.
Notwithstanding any other provision of State or Federal law,
such report may be admissible in such court.
(c) Duties.--Each panel established under subsection (a)
shall--
(1) review medical malpractice claims;
(2) assess the evidence offered by the parties; and
(3) render professional judgment on the validity of claims.
(d) Membership.--Each panel established under subsection
(a) shall be comprised of lawyers, retired judges, doctors,
and medical professionals. Members of the panel shall serve
on a volunteer basis, unless a State chooses to arrange for
compensation of, or reimbursement of expenses for, such
members.
(e) Exempted States.--A State that, on the day before the
date of enactment of this Act, has enacted laws that require
medical malpractice claims to be heard by a pre-litigation
panel, in a manner similar to the requirements of this
section, may, at the discretion of the Secretary, be exempt
from the requirements of this section for as long as such
State maintains such panel.
(f) Rule of Construction.--Nothing in this section shall be
construed to interfere with or restrict an individual's right
to bring a lawsuit in civil courts.

SEC. 6802. STANDARDS FOR MEDICAL LIABILITY EXPERT WITNESSES.

As a condition for receiving Federal funds under the
Medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.), each State and territory shall
require that an individual wishing to present evidence
through an expert witness in a medical malpractice case
demonstrate that such expert witness--
(1) be credentialed or licensed in one or more States to
deliver health care services;
(2) typically treat the diagnosis or condition at issue in
the case, or provide the type of treatment under review; and
(3) is substantially familiar with applicable standards of
care and practice as they relate to the act or omission that
is the subject of the lawsuit.

SEC. 6803. ENCOURAGING SETTLEMENT OF MEDICAL MALPRACTICE
LAWSUITS.

As a condition for receiving Federal funds under the
Medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.), each State and territory shall
require that a party in a medical malpractice lawsuit that
refuses a settlement offer in an amount that is significantly
greater than the amount awarded by a jury after trial
reimburse the party that made such settlement offer for the
costs of the trial, including attorney's fees associated with
the trial.
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