2026 -- S 3063

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LC006092

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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S E N A T E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO MAKE A COMPREHENSIVE

STUDY OF RHODE ISLAND'S MEDICAL MALPRACTICE IMPACT ON HEALTH CARE

PROVIDERS AND HEALTH CARE COSTS IN RHODE ISLAND

     Introduced By: Senators McKenney, Murray, Lawson, Ciccone, and Tikoian

     Date Introduced: March 12, 2026

     Referred To: Senate Health & Human Services

     WHEREAS, A 2021 Medscape survey confirms that malpractice claims are more

frequently made against surgical specialties, with plastic surgery, general surgery, orthopedics,

urology, obstetrics/gynecology making up the top five survey specialties reporting that they have

been named in a malpractice suit; and

     WHEREAS, A fear of malpractice suits can also lead to defensive medicine practices,

which include the performance of unnecessary and costly diagnostic and non-diagnostic

procedures, as well as the omission of indicated, but potentially high-risk nondiagnostic

procedures; and

     WHEREAS, The total costs have been estimated to contribute billions of dollars per year

to total healthcare expenditures in the US; and

     WHEREAS, In a previously published 2019-2021 data from the Rhode Island Board of

Medical Licensure and Discipline, Rhode Island has been found to have a higher rate of

settlements compared to court awarded damages than other states; and

     WHEREAS, Rhode Island must look toward finding ways to lower health care costs, and

protect patients, while retaining and attracting needed health care providers; now, therefore be it

     RESOLVED, That a special legislative commission be and the same is hereby created

consisting of thirteen (13) members: three (3) of whom shall be members of the Rhode Island

Senate, to be appointed by the President of the Senate; one of whom shall be a member of the

Rhode Island House of Representatives, to be appointed by the President of the Senate; one of

whom shall be the Executive Director of the Rhode Island Medical Society, or designee; one of

whom shall be the Executive Director of the Rhode Island Association for Justice, or designee;

one of whom shall be the President of the Medical Malpractice Joint Underwriting Association of

Rhode Island, or designee; one of whom shall be the Executive Director of the Hospital

Association of Rhode Island, or designee; two (2) of whom shall be a risk management specialist

from a hospital or large medical practice, to be appointed by the President of the Senate; two (2)

of whom shall be members of the general public, to be appointed by the President of the Senate;

and one of whom shall be a patient advocate, to be appointed by the President of the Senate.

     The commission is to be charged with the following:

     (a) The purpose of said commission shall be to make a comprehensive study of Rhode

Island medical malpractice lawsuits, claims, settlements, administrative filings and the related

impact on medical malpractice insurance costs for providers;

     (b) To study the correlation of risk of malpractice claims on shortages of providers in

certain specialties and areas of Rhode Island, leading to access to care issues for residents;

     (c) To study the impact on statewide health care costs from current malpractice insurance

premiums, and claims;

     (d) To develop recommendations for solutions, including, but not limited to, legal

reforms, to ensure the state’s retention and attraction of providers in needed specialties; and

     (e) To prepare a report on impacts of medical malpractice claims and insurance with

recommendations on ways to improve the system leading to lower health care costs while

protecting patients and making retaining and attracting needed health care providers a priority.

     By September 18, 2026, upon passage of this resolution, the members of the commission

shall be appointed and shall meet at the call of the Senate President and organize and the Senate

President shall appoint a chair.

     Vacancies in said commission shall be filled in like manner as the original appointment.

     The membership of said commission shall receive no compensation for their services.

     All departments and agencies of the State shall furnish such advice and information,

documentary and otherwise, to said commission and its agents as is deemed necessary or

desirable by the commission to facilitate the purposes of this resolution.

     The Commission may be allotted annual budget resources to complete these functions.

     The Joint Committee on Legislative Services is hereby authorized and directed to provide

suitable quarters for said commission; and be it further

     RESOLVED, That the commission shall develop and submit its findings and

recommendations to the Senate no later than October 1, 2027, and said commission shall expire

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on January 31, 2028.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

S E N A T E   R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION TO MAKE A COMPREHENSIVE

STUDY OF RHODE ISLAND'S MEDICAL MALPRACTICE IMPACT ON HEALTH CARE

PROVIDERS AND HEALTH CARE COSTS IN RHODE ISLAND

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     This resolution would create a thirteen (13) member special legislative commission

whose purpose it would be to make a comprehensive study of Rhode Island medical malpractice

lawsuits, claims, settlements, administrative filings and the related impact on medical malpractice

insurance costs for providers. The commission would develop and submit its findings and

recommendations to the Senate no later than October 1, 2027 and said commission would expire

on January 31, 2028.

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