Text: H08188                            Text: H08190
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 8189

Amendment Text

PAG LIN
  1  1    Amend House File 2440 as follows:
  1  2    #1.  Page 1, by inserting before line 1, the
  1  3 following:
  1  4    "Section 1.  Section 147.136, Code 2003, is amended
  1  5 to read as follows:
  1  6    147.136  SCOPE OF RECOVERY.
  1  7    In an action for damages for personal injury
  1  8 against a physician and surgeon, osteopath,
  1  9 osteopathic physician and surgeon, dentist, podiatric
  1 10 physician, optometrist, pharmacist, chiropractor, or
  1 11 nurse licensed to practice that profession in this
  1 12 state, or against a hospital licensed for operation in
  1 13 this state, based on the alleged negligence of the
  1 14 practitioner in the practice of the profession or
  1 15 occupation, or upon the alleged negligence of the
  1 16 hospital in patient care, in which liability is
  1 17 admitted or established, the damages awarded shall not
  1 18 include actual economic losses incurred or to be
  1 19 incurred in the future by the claimant by reason of
  1 20 the personal injury, including but not limited to, the
  1 21 cost of reasonable and necessary medical care,
  1 22 rehabilitation services, and custodial care, and the
  1 23 loss of services and loss of earned income, to the
  1 24 extent that those losses are replaced or are
  1 25 indemnified by insurance, or by governmental,
  1 26 employment, or service benefit programs or from any
  1 27 other source except the assets of the claimant or of
  1 28 the members of the claimant's immediate family.
  1 29 However, this section shall not bar recovery of such
  1 30 economic losses to the extent those losses are
  1 31 replaced or indemnified by any benefits provided by an
  1 32 employer through a qualified self-funded health
  1 33 benefit plan, workers' compensation plan, or Medicaid,
  1 34 Medicare, or other governmental benefit program."
  1 35    #2.  Title page, line 1, by striking the words
  1 36 "awards of noneconomic damages against".  
  1 37 
  1 38 
  1 39                               
  1 40 HOGG of Linn
  1 41 HF 2440.503 80
  1 42 rh/pj
     

Text: H08188                            Text: H08190
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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