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Senate bill promotes alternatives to liability systems
LTC Liability Monitor, July 7, 2005
U.S. Senators Max Baucus (D-MT) and Mike Enzi (R-WY) last week introduced the Fair and Reliable Justice Act, which would help states test alternative systems of healthcare related dispute resolution using three different models.
The first, early disclosures and compensation, "encourages healthcare providers to offer just compensation for patients' injuries," but such disclosures and offerings do not constitute admissions of liability by the providers. The second, administrative determination of compensation, would establish an administrative board comprising patient advocates, providers, and attorneys to determine compensation rates and facilitate compensation. The third, special healthcare courts, would ensure that liability cases were adjudicated by judges with healthcare expertise. States would also be able to develop their own plans for resolving disputes under the bill.
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