House
File
161
H-1004
Amend
the
amendment,
H-1002,
to
House
File
161,
as
follows:
1
1.
By
striking
page
1,
lines
1
through
19,
and
inserting:
2
<
Amend
House
File
161
as
follows:
3
1.
By
striking
everything
after
the
enacting
clause
and
4
inserting:
5
<
Section
1.
Section
147.136A,
subsection
1,
paragraph
b,
6
Code
2023,
is
amended
to
read
as
follows:
7
b.
(1)
“Noneconomic
damages”
means
damages
arising
from
8
pain,
suffering,
inconvenience,
physical
impairment,
mental
9
anguish,
emotional
pain
and
suffering,
loss
of
chance,
loss
of
10
consortium,
or
any
other
nonpecuniary
damages.
11
(2)
(a)
“Noneconomic
damages”
does
not
include
any
of
the
12
following:
13
(i)
The
loss
of
dependent
care,
including
the
loss
of
child
14
care,
due
to
the
death
of
or
severe
injury
to
a
spouse
or
15
parent
who
is
the
primary
caregiver
of
a
child
under
the
age
of
16
eighteen
or
a
disabled
adult.
17
(ii)
The
death
of
a
viable,
unborn
child
for
which
a
fetal
18
death
certificate
is
issued
pursuant
to
section
144.29.
19
(b)
Such
damages
shall
be
considered
economic
damages.
20
Sec.
2.
Section
147.136A,
subsection
2,
Code
2023,
is
21
amended
to
read
as
follows:
22
2.
The
Subject
to
subsection
4,
the
total
amount
recoverable
23
in
any
civil
action
for
noneconomic
damages
for
personal
injury
24
or
death,
whether
in
tort,
contract,
or
otherwise,
against
a
25
health
care
provider
shall
be
limited
to
two
hundred
fifty
26
thousand
fifteen
million
dollars
for
any
occurrence
resulting
27
in
injury
or
death
of
a
patient
regardless
of
the
number
of
28
plaintiffs,
derivative
claims,
theories
of
liability,
or
29
defendants
in
the
civil
action
,
unless
the
jury
determines
that
30
there
is
a
substantial
or
permanent
loss
or
impairment
of
a
31
bodily
function,
substantial
disfigurement,
or
death,
which
32
warrants
a
finding
that
imposition
of
such
a
limitation
would
33
deprive
the
plaintiff
of
just
compensation
for
the
injuries
34
sustained
.
35
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H
1002.179
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90
cm/ns
1/
2
#1.
Sec.
3.
Section
147.136A,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4.
The
limitation
on
damages
contained
3
in
subsection
2
shall
increase
by
two
and
one-tenth
percent
4
on
January
1,
2028,
and
each
January
1
thereafter.
In
any
5
civil
action
described
in
this
section,
such
limitation
on
6
damages
shall
be
the
amount
effective
at
the
time
of
the
7
occurrence.
The
commissioner
of
insurance
shall
publish
the
8
amount
of
the
limitation
on
damages
contained
in
this
section
9
on
the
insurances
division’s
internet
site
and
shall
update
the
10
published
amount
annually.
11
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
12
importance,
takes
effect
upon
enactment.
13
Sec.
5.
APPLICABILITY.
This
Act
applies
to
causes
of
action
14
accrued
on
or
after
the
effective
date
of
this
Act.
>>
15
______________________________
JONES
of
Clay
______________________________
LOHSE
of
Polk
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H
1002.179
(2)
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cm/ns
2/
2