Senate
File
2338
-
Introduced
SENATE
FILE
2338
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3150)
A
BILL
FOR
An
Act
relating
to
civil
actions,
including
the
total
amount
1
recoverable
as
a
noneconomic
damages
award
against
a
health
2
care
provider,
recoverable
damages
for
medical
expenses,
and
3
evidence
offered
to
prove
past
medical
expenses.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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6349SV
(2)
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S.F.
2338
Section
1.
Section
147.136A,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
The
total
amount
recoverable
in
any
civil
action
for
3
noneconomic
damages
for
personal
injury
or
death,
whether
in
4
tort,
contract,
or
otherwise,
against
a
health
care
provider
5
shall
be
limited
to
two
seven
hundred
fifty
thousand
dollars
6
for
any
occurrence
resulting
in
injury
or
death
of
a
patient
7
regardless
of
the
number
of
plaintiffs,
derivative
claims,
8
theories
of
liability,
or
defendants
in
the
civil
action
,
9
unless
the
jury
determines
that
there
is
a
substantial
or
10
permanent
loss
or
impairment
of
a
bodily
function,
substantial
11
disfigurement,
or
death,
which
warrants
a
finding
that
12
imposition
of
such
a
limitation
would
deprive
the
plaintiff
of
13
just
compensation
for
the
injuries
sustained
.
14
Sec.
2.
NEW
SECTION
.
622.4
Medical
expenses.
15
Evidence
offered
to
prove
past
medical
expenses
shall
be
16
limited
to
evidence
of
the
amounts
actually
paid
to
satisfy
17
the
bills
that
have
been
satisfied,
regardless
of
the
source
18
of
payment,
and
evidence
of
the
amounts
actually
necessary
19
to
satisfy
the
bills
that
have
been
incurred
but
not
yet
20
satisfied.
Evidence
of
the
amounts
actually
necessary
to
21
satisfy
the
bills
that
have
been
incurred
shall
not
exceed
22
the
amount
by
which
the
bills
could
be
satisfied
by
the
23
claimant’s
health
insurance,
regardless
of
whether
such
health
24
insurance
is
used
or
will
be
used
to
satisfy
the
bills.
This
25
section
does
not
impose
upon
any
party
an
affirmative
duty
to
26
seek
a
reduction
in
billed
charges
to
which
the
party
is
not
27
contractually
entitled.
28
Sec.
3.
NEW
SECTION
.
668.14A
Recoverable
damages
for
29
medical
expenses.
30
1.
In
an
action
brought
to
recover
damages
for
personal
31
injury,
the
damages
that
may
be
recovered
by
a
claimant
for
the
32
reasonable
and
necessary
cost
or
value
of
medical
care
rendered
33
shall
not
exceed
the
sum
of
the
amounts
actually
paid
by
or
34
on
behalf
of
the
injured
person
to
the
health
care
providers
35
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2338
who
rendered
treatment
and
any
amounts
actually
necessary
to
1
satisfy
the
medical
care
charges
that
have
been
incurred
but
2
not
yet
satisfied.
3
2.
This
section
does
not
apply
to
actions
governed
by
4
section
147.136.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
civil
actions,
including
the
total
9
amount
of
noneconomic
damages
recoverable
in
a
civil
action
10
for
personal
injury
or
death
against
a
health
care
provider,
11
recoverable
damages
for
medical
expenses,
and
evidence
offered
12
to
prove
past
medical
expenses.
13
Current
law
limits
to
$250,000
the
amount
of
noneconomic
14
damages
recoverable
for
any
occurrence
resulting
in
injury
or
15
death
of
a
patient
regardless
of
the
number
of
plaintiffs,
16
derivative
claims,
theories
of
liability,
or
defendants
in
17
the
civil
action,
unless
the
jury
determines
that
there
is
18
a
substantial
or
permanent
loss
or
impairment
of
a
bodily
19
function,
substantial
disfigurement,
or
death,
which
warrants
20
a
finding
that
imposition
of
such
a
limitation
would
deprive
21
the
plaintiff
of
just
compensation
for
the
injuries
sustained.
22
Current
law
also
provides
that
the
limitation
on
damages
23
shall
not
apply
as
to
a
defendant
if
the
defendant’s
actions
24
constituted
actual
malice.
25
The
bill
increases
the
limitation
from
$250,000
to
$750,000.
26
The
bill
also
eliminates
the
exception
to
the
new
limitation
27
of
$750,000
that
would
allow
the
jury
to
determine
if
the
28
imposition
of
such
a
limitation
would
deprive
the
plaintiff
of
29
just
compensation
for
the
injuries
sustained.
30
Under
the
bill,
“noneconomic
damages”
means
damages
arising
31
from
pain,
suffering,
inconvenience,
physical
impairment,
32
mental
anguish,
emotional
pain
and
suffering,
loss
of
chance,
33
loss
of
consortium,
or
any
other
nonpecuniary
damages.
34
The
bill
provides
that
evidence
offered
to
prove
past
35
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2338
medical
expenses
shall
be
limited
to
evidence
of
the
amounts
1
that
were
actually
paid
to
satisfy
medical
bills
that
have
been
2
satisfied
and
evidence
of
the
amounts
necessary
to
satisfy
3
medical
bills
that
have
not
yet
been
satisfied.
The
bill
4
additionally
provides
that
evidence
of
the
amounts
actually
5
necessary
to
satisfy
medical
bills
that
have
been
incurred
6
shall
not
exceed
the
amount
by
which
the
medical
bills
could
7
be
satisfied
by
the
claimant’s
health
insurance,
regardless
8
of
whether
such
health
insurance
is
used
or
will
be
used
9
to
satisfy
the
medical
bills.
The
bill
does
not
impose
an
10
affirmative
duty
to
seek
a
reduction
in
billed
charges
to
which
11
the
party
is
not
contractually
entitled.
12
Finally,
the
bill
limits
the
damages
that
may
be
recovered
13
in
a
personal
injury
action.
The
bill
provides
the
damages
14
that
may
be
recovered
by
a
claimant
for
the
reasonable
and
15
necessary
cost
of
medical
care
rendered
shall
not
exceed
the
16
sum
of
the
amounts
actually
paid
by
or
on
behalf
of
the
injured
17
person
to
the
health
care
providers
who
rendered
treatment
and
18
any
amounts
necessary
to
satisfy
the
medical
care
charges
that
19
have
been
incurred
but
not
yet
satisfied.
The
bill
provides
20
that
this
limitation
does
not
apply
to
those
actions
governed
21
by
Code
section
147.136,
which
applies
to
malpractice
actions
22
against
certain
medical
professionals
and
hospitals.
23
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