Summary
Medicare Solvency and Enhanced Benefits Act of 2002 - Proposes reforms related to Medicare (title XVIII of the Social Security Act (SSA).
Requires a Medicare-related health care lawsuit to be brought within three years of the date of injury or one year after the claimant discovers or should have discovered the injury, whichever occurs first.
Sets forth requirements and permissible recovery amounts for compensating patient injury, including: (1) the full amount of economic loss without limitation; (2) noneconomic damages as specified; and (3) a fair share rule.
Requires the court to supervise payment-of-damage arrangements, limiting contingency fees.
Permits the introduction of evidence of collateral source benefits.
Limits the availability of punitive damages, requiring clear and convincing evidence of malicious intent to injure or a deliberate failure to avoid substantially certain, unnecessary injury. Prohibits their award for products that comply with Food and Drug Administration (FDA) standards, absent material and knowing misrepresentation by those submitting required approval or clearance information to the FDA.
Authorizes periodic payment of future damages to claimants.
Excludes suits for vaccine-related death or injury from the requirements of this Act if otherwise covered under the National Vaccine Injury Compensation Program.
Preempts State law unless it imposes greater protections for health care providers and organizations from liability, loss, or damages.
Prohibits construction of this Act to create a cause of action against a Medicare+Choice plan under SSA title XVIII part C (Medicare+Choice).
Lifecycle of the Bill
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