Text: HSB00127                          Text: HSB00129
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 128

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  147.145  LIMITATION ON
  1  2 NONECONOMIC DAMAGES.
  1  3    In any action for personal injury or wrongful death against
  1  4 any physician and surgeon, osteopath, osteopathic physician
  1  5 and surgeon, dentist, podiatrist, optometrist, pharmacist,
  1  6 chiropractor, or nurse licensed under this chapter or against
  1  7 any hospital licensed under chapter 135B, based upon the
  1  8 alleged negligence of the licensee in the practice of that
  1  9 profession or occupation, or upon the alleged negligence of
  1 10 the hospital in patient care, in which liability is admitted
  1 11 or established, the present value of the damages awarded for
  1 12 noneconomic losses incurred or to be incurred in the future by
  1 13 the plaintiff by reason of personal injury or death shall not
  1 14 exceed two hundred fifty thousand dollars.
  1 15    Sec. 2.  Section 422.7, Code 1995, is amended by adding the
  1 16 following new subsection:
  1 17    NEW SUBSECTION.  32.  If the taxpayer is self-employed,
  1 18 subtract, to the extent not otherwise deducted in computing
  1 19 adjusted gross income, the amounts paid by the self-employed
  1 20 taxpayer for the purchase of health insurance for the taxpayer
  1 21 or taxpayer's spouse or dependent.
  1 22    Sec. 3.  Section 422.7, Code 1995, is amended by adding the
  1 23 following new subsection:
  1 24    NEW SUBSECTION.  33.  Subtract, to the extent not otherwise
  1 25 deducted or excluded in computing adjusted gross income, the
  1 26 amount of contributions made by the taxpayer to a medical care
  1 27 savings account and interest earned on moneys in the account
  1 28 if not otherwise withdrawn.
  1 29    Sec. 4.  Section 422.9, subsection 2, Code 1995, is amended
  1 30 by adding the following new paragraph:
  1 31    NEW PARAGRAPH.  i.  If the taxpayer has a deduction for
  1 32 medical care expenses under section 213 of the Internal
  1 33 Revenue Code, the taxpayer shall recompute for the purposes of
  1 34 this subsection the amount of the deduction under section 213
  1 35 by excluding from medical care, as defined in section 213, the
  2  1 amount subtracted under section 422.7, subsection 32.
  2  2    Sec. 5.  Section 614.8, Code 1995, is amended to read as
  2  3 follows:
  2  4    614.8  MINORS AND MENTALLY ILL PERSONS.
  2  5    1.  The Except as provided in subsection 2, the times
  2  6 limited for actions herein, except those brought for penalties
  2  7 and forfeitures, shall be are extended in favor of minors and
  2  8 mentally ill persons, so that they shall have one year from
  2  9 and after the termination of such the disability within which
  2 10 to commence said an action.
  2 11    2.  The times limited for actions brought for medical
  2 12 malpractice are extended in favor of minors up to the day of
  2 13 their sixth birthday so that they have until their eighth
  2 14 birthday to commence an action.
  2 15    Sec. 6.  HEALTH INSURANCE COST DEDUCTION &endash; CONTINGENT
  2 16 EFFECT.  Section 2 of this Act, which amends section 422.7 by
  2 17 adding a new subsection 32, is effective upon the enactment of
  2 18 a federal individual income tax provision authorizing the
  2 19 deduction or exclusion in computing federal adjusted gross
  2 20 income of one hundred percent of the cost of the purchase of
  2 21 health insurance by a self-employed individual.  Section 2 of
  2 22 this Act applies to tax years designated in the federal
  2 23 enactment of the health insurance cost deduction.
  2 24    Sec. 7.  MEDICAL CARE SAVINGS ACCOUNT CONTRIBUTIONS &endash; CON-
  2 25 TINGENT EFFECT.  Section 3 of this Act, which amends section
  2 26 422.7 by adding a new subsection 33, is effective upon the
  2 27 enactment of a federal individual income tax provision
  2 28 authorizing the deduction or exclusion in computing federal
  2 29 adjusted gross income of contributions made by the taxpayer to
  2 30 a medical care savings account.  Section 3 of this Act applies
  2 31 to tax years designated in the federal enactment related to
  2 32 contributions to a medical care savings account.
  2 33    Sec. 8.  NOTICE OF EFFECTIVENESS.  The director of revenue
  2 34 and finance shall notify the governor, the chairpersons and
  2 35 ranking members of the senate and house ways and means
  3  1 committees, the Iowa Code editor, and the legislative fiscal
  3  2 bureau when section 2 or section 3 of this Act, which amend
  3  3 Code section 422.7, becomes effective.
  3  4    Sec. 9.  IOWA HEALTH REFORM TRANSITION TEAM REPORT.  It is
  3  5 the intent of the general assembly that the Iowa health reform
  3  6 transition team, established pursuant to executive order No.
  3  7 50, May 2, 1994, review and identify savings which are
  3  8 accruing as a result of the implementation of health care
  3  9 reform measures and make recommendations regarding how such
  3 10 savings may be effectively utilized within the health care
  3 11 system in Iowa.  The transition team shall provide a written
  3 12 report including the identified savings and recommendations to
  3 13 the general assembly by no later than October 1, 1995.  
  3 14                           EXPLANATION
  3 15    Section 147.145 is created to establish a cap on
  3 16 noneconomic damages of $250,000 in a medical malpractice
  3 17 action.
  3 18    Section 422.7 is amended to implement the tax credit for
  3 19 individual medical care savings accounts.  This amended
  3 20 section allows the deduction of 100 percent of health in-
  3 21 surance costs of self-employed persons from adjusted gross
  3 22 income in computing state individual income tax and allows a
  3 23 deduction for amounts of contributions to a medical care
  3 24 savings account.  In addition, the amended section allows a
  3 25 deduction from adjusted gross income for the interest earned
  3 26 on a medical care savings account to the extent not withdrawn.
  3 27    Section 614.8 is amended to provide that a minor up to age
  3 28 six has until the minor's eighth birthday to bring an action
  3 29 for medical malpractice.
  3 30    The bill provides that the tax deductions established in
  3 31 chapter 422 by the bill are effective on the date that similar
  3 32 federal legislation is enacted and made effective for federal
  3 33 individual income tax purposes.  
  3 34 LSB 1523XL 76
  3 35 mj/jw/5.1
     

Text: HSB00127                          Text: HSB00129
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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