Report and Recommendation

Within thirty

(30)days after the effective date of this Chapter, the Governor of Guam, in cooperation and consultation with appropriate local, state and Federal agencies and representatives of the general public, shall prepare and submit to the Legislature a report of his recommendations along the following goals:

(a)A medical liability insurance which can be operated at reasonable cost for the purpose of providing prompt, equitable compensation to those sustaining injuries from improper medical care.

(b)Primary consideration shall be given, but not limited to establish an insurance system which can be underwritten by private insurers on a selfsupporting basis using actuarially sound rates.

(c)If the Governor finds that no insurance system bearing the goal of the plan can be underwritten by private insurers on a self-supporting basis using actuarially sound rates, he shall specify the needed changes in the statutes to create a viable market for medical liability insurance or selfinsurance.

(d)The comprehensive report shall include recommendations to the Legislature for:

(1)Reducing the incidents of medical injuries, including establishing standards of care and procedures for peer review;

(2)Reducing the cost of prosecuting and defending claims and administering the insurance mechanism;

(3)Changes in existing law governing the eligibility of injured persons for compensation and the amount of compensation, including limitations on the time within which compensation may be recovered, and redefinition of the doctrine of informed consent;

(4)Possible changes in existing law to establish a procedure for deferring payment of malpractice claims in case of permanent disability;

(5)Possible changes in existing law to create a physician's privilege to comment on the work of other physicians in non- judicial COL061308 CH. 11 MEDICAL M ALPRACTICE REFORM ACT OF 1975 proceedings to assist in excluding inadequate practitioners from hospital staffs; and

(6)Any other matters or procedures which the Governor considers relevant to the problem of medical malpractice reform in the territory of Guam.

(e)The Governor is authorized and encouraged to make interim reports to the Speaker of the Legislature concerning specific legislative proposals which need immediate consideration.

(f)There is hereby authorized to be appropriated such sums as are necessary to carry out the purposes of the foregoing Section.