SB413 Alabama 2016 Session
In Committee
Bill Summary
Sponsors
Session
Regular Session 2016
Title
Medical malpractice, administrative Patient Compensation System created to provide for an administrative process for certain medical injuries, Patient Compensation Board established, annual contributions by certain health care providers required
Description
<p class="bill_description"> Under existing law, if a physician or other
health care practitioner injures a patient because
he or she has failed to follow the governing
standard of care in the applicable area of
medicine, the patient can bring an action against
the physician or health care practitioner for
medical malpractice</p><p class="bill_description">
This bill would establish a Patient
Compensation System to be administered by the
Alabama Department of Public Health to provide for
a mandatory alternative administrative procedure to
address medical malpractice claims by a panel of
physicians and medical experts to determine the
payment of damages related to medical injuries</p><p class="bill_description">
This bill would establish a Patient
Compensation Board to govern the system and to
approve a schedule of compensation for confirmed
medical injuries</p><p class="bill_description">
On or after January 1, 2017, this bill would
require a person to submit an application with the
Patient Compensation System in order to obtain
compensation for a medical injury</p><p class="bill_description">
This bill would provide that, upon a finding
by the Office of Medical Review within the system
of prima facie evidence that an application
establishes a medical injury, a health care
practitioner is afforded the opportunity to support
or oppose the application, and contested
applications are referred to an Independent Medical
Review Panel for a determination of whether a
medical injury exists. If it is determined that a
medical injury occurred, the applicant shall be
compensated according to the adopted schedule of
compensation for medical injuries</p><p class="bill_description">
This bill would require health care
practitioners to pay an annual contribution amount
based upon the practitioner's type of practice,
from which compensation for medical injuries would
be paid by the Office of Compensation, created
within the system</p><p class="bill_description">
This bill would also provide for the appeal
of final determinations made in the system to the
circuit court</p><p class="bill_entitled_an_act"> Relating to health; to create a Patient Compensation
System to be administered by the Alabama Department of Public
Health for the recovery of damages related to medical
injuries; to define terms; to create the Patient Compensation
Board; to provide for membership and duties of the board; to
create the Office of Medical Review, the Office of
Compensation, and the Office of Quality Improvement within the
system; to provide for committees within the system; to
provide procedures for the application for compensation for a
medical injury; to provide for an evaluation by an independent
medical review panel; to require recusal upon a conflict of
interest; to provide procedures for the review of
applications, a final determination, and payment of
compensation to applicants; to provide for the appeal of final
determinations in the system; to require the board to assess a
contribution amount to be paid by health care practitioners
from which compensation awards would be paid; to create the
Patient Compensation Fund; and to require certain reports to
the Governor and the Legislature.
</p>
Subjects
Health
Bill Actions
| Action Date | Chamber | Action |
|---|---|---|
| April 13, 2016 | S | Read for the first time and referred to the Senate committee on Health and Human Services |
Bill Text
Bill Documents
| Type | Link |
|---|---|
| Bill Text | SB413 Alabama 2016 Session - Introduced |