allows for the resolution of disputes over injuries allegedly caused by health care providers or health care organizations; and

promotes a reduction of health care errors by encouraging the collection and analysis of patient safety data related to disputes resolved under subparagraph (A) by organizations that engage in efforts to improve patient safety and the quality of health care.

makes the medical liability system more reliable by increasing the availability of prompt and fair resolution of disputes;

encourages the efficient resolution of disputes;

encourages the disclosure of health care errors;

enhances patient safety by detecting, analyzing, and helping to reduce medical errors and adverse events;

improves access to liability insurance;

fully informs patients about the differences in the alternative and current tort litigation;

provides patients the ability to opt out of or voluntarily withdraw from participating in the alternative at any time and to pursue other options, including litigation, outside the alternative;

would not conflict with State law at the time of the application in a way that would prohibit the adoption of an alternative to current tort litigation; and

would not limit or curtail a patient’s existing legal rights, ability to file a claim in or access a State’s legal system, or otherwise abrogate a patient’s ability to file a medical malpractice claim.

that have developed the proposed alternative through substantive consultation with relevant stakeholders, including patient advocates, health care providers and health care organizations, attorneys with expertise in representing patients and health care providers, medical malpractice insurers, and patient safety experts;

that make proposals that are likely to enhance patient safety by detecting, analyzing, and helping to reduce medical errors and adverse events; and

that make proposals that are likely to improve access to liability insurance.

guidance on non-economic damages, including the consideration of individual facts and circumstances in determining appropriate payment, guidance on identifying avoidable injuries, and guidance on disclosure to patients of health care errors and adverse events; and

the development, in consultation with States, of common definitions, formats, and data collection infrastructure for States receiving grants under this section to use in reporting to facilitate aggregation and analysis of data both within and between States.

an analysis of the effects of the grants awarded under subsection (a) with regard to the measures described in paragraph (3);

for each State, an analysis of the extent to which the alternative developed under subsection (c)(1) is effective in meeting the elements described in subsection (c)(2);

a comparison among the States receiving grants under subsection (a) of the effectiveness of the various alternatives developed by such States under subsection (c)(1);

a comparison, considering the measures described in paragraph (3), of States receiving grants approved under subsection (a) and similar States not receiving such grants; and

the nature and number of disputes over injuries allegedly caused by health care providers or health care organizations;

the nature and number of claims in which tort litigation was pursued despite the existence of an alternative under subsection (a);

the disposition of disputes and claims, including the length of time and estimated costs to all parties;

the medical liability environment;

health care quality;

patient safety in terms of detecting, analyzing, and helping to reduce medical errors and adverse events;

patient and health care provider and organization satisfaction with the alternative under subsection (a) and with the medical liability environment; and

impact on utilization of medical services, appropriately adjusted for risk.

the diagnosis, prevention, or treatment of any human disease or impairment; or

the assessment of the health of human beings.

licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or

required to be so licensed, registered, or certified but that is exempted by other statute or regulation.