SB413 Summary

• Creates a mandatory Patient Compensation System administered by the Alabama Department of Public Health as an alternative to traditional medical malpractice lawsuits for medical injuries occurring on or after January 1, 2017.

• Establishes an 11-member Patient Compensation Board representing medical, legal, patient, and business communities, plus three offices (Medical Review, Compensation, and Quality Improvement) to evaluate applications and determine compensation awards.

• Requires applicants to file claims within two years of injury occurrence (maximum five years after treatment) through a telephone application process, with independent medical review panels determining whether a compensable medical injury exists.

• Assesses annual contribution amounts from health care practitioners based on specialty type (ranging from $2,400 to $23,600) to fund a Patient Compensation Fund, with contributions payable by July 1 starting in 2017.

• Permits appeals of final determinations to circuit court on limited grounds and protects practitioner licensing immunity, while requiring reports to the Governor and Legislature annually beginning January 1, 2018.