SSB 3011 (LSB 5478XC (3) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 147.136A, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  The limitations specified in subsection 2 shall not be disclosed to a jury in any such action, but shall be imposed by the court before judgment.
    Sec. 2.  Section 228.9, Code 2024, is amended to read as follows:
   228.9  Disclosure of psychological test material.
   1.  Except as otherwise provided in this section, a person in possession of psychological test material shall not disclose the material to any other person, including the individual who is a subject of the test. In addition, the test material shall not be disclosed in any administrative, judicial, or legislative proceeding. However, upon the
   2.  Upon request of an individual who is the subject of a test, all records associated with a psychological test of that individual shall be disclosed to a psychologist licensed pursuant to chapter 154B designated by the individual. An individual’s request for the records shall be in writing and shall comply with the requirements of section 228.3, relating to voluntary disclosures of mental health information, except that the individual shall not have the right to inspect the test materials.
   3.  Unless otherwise ordered by a court, subsection 1 shall not apply in a civil action if a demand for psychological test material has been made pursuant to a discovery request or a subpoena issued in litigation and the cognitive abilities of the individual who is the subject of the test are at issue in the litigation.
   4.  If a court, in a civil action involving sexual abuse, receives test material from the subject of the test, the psychological test material shall be sealed by a protective order and barred from disclosure to any person not directly involved in the litigation.
    Sec. 3.  Section 622.4, Code 2024, is amended to read as follows:
   622.4  Medical expenses.
   1.  Evidence offered to prove past medical expenses shall be limited to evidence of the amounts actually paid to satisfy the bills that have been satisfied, regardless of the source of payment, and evidence of the amounts actually necessary to satisfy the bills that have been incurred but not yet satisfied. Evidence of the amounts actually necessary to satisfy the bills that have been incurred shall not exceed the amount by which the bills could be satisfied by the claimant’s health insurance, regardless of whether such health insurance is used or will be used to satisfy the bills. This section does not impose upon any party an affirmative duty to seek a reduction in billed charges to which the party is not contractually entitled.
   2.  If the claimant fails to offer evidence to prove past or future medical expenses, the adverse party may offer evidence of the plaintiff’s medical expenses into evidence consistent with subsection 1 and section 668.14A.
    Sec. 4.  Section 622.10, subsection 2, Code 2024, is amended to read as follows:
   2.  The prohibition does not apply to cases where the person in whose favor the prohibition is made waives the rights conferred; nor does the prohibition apply to physicians or surgeons, physician assistants, advanced registered nurse practitioners, mental health professionals, or to the stenographer or confidential clerk of any physicians or surgeons, physician assistants, advanced registered nurse practitioners, or mental health professionals, in a civil action in which the physical or mental condition of the person in whose favor the prohibition is made is an element or factor of the claim or defense of the person or of any party claiming through or under the person. The evidence is admissible upon trial of the action only as it relates to the condition alleged.
    Sec. 5.  Section 622.10, subsection 3, paragraphs a and b, Code 2024, are amended to read as follows:
   a.  In a civil action in which the physical or mental condition of the plaintiff in whose favor the prohibition is made is an element or factor of the claim or defense of the adverse party or of any party claiming through or under the adverse party, the adverse party shall make a written request for records relating to the condition alleged upon the plaintiff’s attorney for a legally sufficient patient’s waiver under federal and state law. Upon receipt of a written request, the plaintiff shall execute a legally sufficient patient’s waiver and release it to the adverse party making the request within sixty days of receipt of the written request. The patient’s waiver may require a physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional to do all of the following:
   (1)  Provide a complete copy of the patient’s records regardless of the date of treatment, including but not limited to any reports or diagnostic imaging relating to the patient’s physical or mental condition alleged.  The plaintiff shall not refuse to allow access to mental health information if the plaintiff claims physical pain and suffering, mental pain and suffering, loss of full mind and body, or emotional distress.
   (2)  Consult with the attorney for the adverse party prior to providing testimony regarding the plaintiff’s medical history and the condition alleged and opinions regarding health etiology and prognosis for the condition alleged subject to the limitations in paragraphs “c” and “e”.
   b.  If a plaintiff fails to sign a waiver or file objection with the court within the prescribed time period, the court may order disclosure or compliance. The failure of a party to comply with the court’s order may be grounds for dismissal of the action or any other relief authorized under the rules of civil procedure.  In the event the plaintiff files a timely objection to the written request for a patient’s waiver and release, the plaintiff has the burden of proof that the particular records are not relevant to the subject matter of the action and not reasonably calculated to lead to the discovery of admissible evidence.
    Sec. 6.  Section 668.14, subsection 1, Code 2024, is amended to read as follows:
   1.  In an action brought pursuant to this chapter seeking damages for personal injury, the court shall permit evidence and argument as to the previous payment or future right of payment of actual economic losses incurred or to be incurred as a result of the personal injury for necessary medical care, rehabilitation services, and custodial care, past lost wages, future loss of earning capacity, workers’ compensation, and disability except to the extent that the previous payment or future right of payment is pursuant to a state or federal program or from assets of the claimant or the members of the claimant’s immediate family.
    Sec. 7.  Section 668.15A, Code 2024, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  The limitations specified in subsection 2 shall not be disclosed to a jury in any such action, but shall be imposed by the court before judgment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records.
   The bill prohibits the jury from being informed of a damages cap applied by the court after a verdict is rendered in medical malpractice cases.
   In a civil action where a demand for psychological test material has been made by a discovery request or a subpoena issued in litigation, and the cognitive abilities of the individual who is the subject of the test are at issue in the litigation, the bill provides that the material is discoverable by the adverse party. The bill seals psychological test material from the subject of the test in civil sexual assault actions and is only discoverable by those directly involved in the litigation.
   The bill allows the adverse party to present evidence of the plaintiff’s medical expenses if the plaintiff fails to offer evidence to prove the medical expenses.
   The bill allows mental and physical condition records held in a professional capacity to be discoverable by the adverse party by written request to the plaintiff. The plaintiff cannot refuse to waive confidentiality of those records if the plaintiff is claiming physical pain and suffering, mental pain and suffering, loss of full body and mind, or emotional distress. If the plaintiff does object to the record request, the plaintiff has the burden of proof that the information sought is not relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence.
   The bill expands the disclosure available to the jury of actual economic losses as a result from the injury to also include past lost wages, future loss of earning capacity, workers’ compensation, and disability benefits.
   The bill prohibits disclosure of the newly enacted damages caps to the jury applied by the court after a verdict is rendered in commercial motor vehicle tort cases.