# New Senate Med Mal Bill Introduced 

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Two senators have introduced medical malpractice reform legislation that would repeal the McCarran-Ferguson antitrust immunity for medical malpractice policies.

Sens. Richard Durbin, D-Ill., and Lindsey Graham, R-S.C., introduced the legislation, called the Better Health Act of 2003, as the Senate continued debate on S. 11, the Bush administration backed proposal that would place a $250,000 cap on non-economic damages in medical malpractice cases.

The Durbin-Graham bill (number not yet available) is being offered as an alternative to S. 11, but neither bill is expected to advance.

Under the Durbin-Graham bill, the industry‘s antitrust immunity would be eliminated as it applies to medical malpractice insurance for allegations of price-fixing, bid rigging and market allocations.

Sources:
- National Underwriter (http://www.nationalunderwriter.com/pandc/hotnews/viewPC.asp?article=7_8_03_16_9573.xml&src=5)