House File 487 H-1204 Amend House File 487 as follows: 1 1. Page 1, after line 15 by inserting: 2 < Sec. ___. NEW SECTION . 147.136A Noneconomic 3 damage awards against health care providers. 4 1. For purposes of this section: 5 a. “Health care provider” means the same as defined 6 in section 147.139. 7 b. “Health care services” means medical diagnosis, 8 treatment, evaluation, advice, or acts that are 9 permitted under chapter 148, 148C, 149, 152, 152E, 10 153, 154, or 155A, or any other health care licensing 11 statutes of this state. 12 c. “Noneconomic damages” means damages arising from 13 pain, suffering, inconvenience, physical impairment, 14 mental anguish, emotional pain and suffering, loss of 15 chance, loss of consortium, or any other nonpecuniary 16 damages. 17 2. The total amount of noneconomic damages 18 recoverable from all defendants in all civil actions, 19 whether in tort, contract, or otherwise and including 20 derivate actions, that arise out of an act or omission 21 in connection with the provision of health care 22 services shall not exceed two hundred fifty thousand 23 dollars. 24 3. The limitation on damages contained in this 25 section shall not apply as to a defendant if that 26 defendant’s actions constituted actual malice. > 27 2. Title page, line 2, by striking < witnesses > and 28 inserting < witnesses, noneconomic damage awards, > 29 3. By renumbering as necessary. 30 ______________________________ BALTIMORE of Boone -1- HF487.1523 (4) 87 jh/nh 1/ 1 #1. #2. #3.