WASHINGTON–Bipartisan legislation was introduced yesterday inthe Senate that encourages states to develop, implement andevaluate new and better ways to deal with medical malpracticecases.

The legislation, “The Fair and Reliable Medical Justice Act of2007,” will allow states to craft tailored, new alternatives thatwill speed the resolution of disputes, make patients safer andmaintain access to affordable, quality health care, according toits primary sponsors, Sen. Max Baucus, D.-Mont., and Mike Enzi,R-Wyo.

Sen. Baucus, explaining the bill, said: “If we can move beyondthe broken process used today, patients won't lose access toaffordable care when doctors raise their rates or even move away tofind cheaper malpractice premiums. Doctors can be more forthcomingwhen mistakes are made, and everyone can have more faith in thehealth care system.”

The legislation would fund 10 pilot projects for statesproposing new methods of resolving medical malpractice claims andreducing medical errors.

It would also create a panel of experts–organized and headed bythe Government Accountability Office–to choose among stateproposals and report back to Congress on the effectiveness of thefunded plans.

To receive funding, states will have to show how their planswill:

o Provide prompt and fair dispute resolution.

o Encourage early disclosure of medical errors.

o Enhance patient safety.

o Improve the affordability of malpractice insurance forproviders.

o Offer patients the chance to opt out of the alternative andlitigate instead, and notify them of that option.

State plans would also be required by the legislation to bestructured to collect and analyze patient safety data to make surethe program is working.

The bill is similar to legislation the senators introducedtogether in the 109th Congress.

However, this year's legislation makes a number of changes toincrease flexibility for states seeking new ways to deal withmalpractice cases, heighten emphasis on patient safety and provideCongress with greater oversight, the senators said.

Companion legislation is being introduced in the House by Reps.Jim Cooper, D-Tenn., and Mac Thornberry, R-Tex.

“Dealing with the medical malpractice crisis is a real balancingact,” Sen. Baucus said. He said that making the system saner willbring doctors' malpractice insurance premiums down, and that willlower costs for everyone.

But he also cautioned that any changes to medical malpracticelaws “must put patient safety first and ensure fair and fastcompensation to those who are hurt by medical errors.”