Tuesday, July 8th, 2003 — 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.