House File 161 H-1014 Amend House File 161 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 147.136A, subsection 1, paragraph b, 4 Code 2023, is amended to read as follows: 5 b. (1) “Noneconomic damages” means damages arising from 6 pain, suffering, inconvenience, physical impairment, mental 7 anguish, emotional pain and suffering, loss of chance, loss of 8 consortium, or any other nonpecuniary damages. 9 (2) “Noneconomic damages” does not include the loss of 10 dependent care, including the loss of child care, due to the 11 death of or severe injury to a spouse or parent who is the 12 primary caregiver of a child under the age of eighteen or a 13 disabled adult. Such damages shall be considered economic 14 damages. 15 Sec. 2. Section 147.136A, subsection 2, Code 2023, is 16 amended to read as follows: 17 2. The Subject to subsection 4, the total amount recoverable 18 in any civil action for noneconomic damages for personal injury 19 or death, whether in tort, contract, or otherwise, against a 20 health care provider shall be limited to two hundred fifty 21 thousand dollars for any occurrence resulting in injury or 22 death of a patient regardless of the number of plaintiffs, 23 derivative claims, theories of liability, or defendants in 24 the civil action, shall not exceed two hundred fifty thousand 25 dollars unless the jury determines that there is a substantial 26 or permanent loss or impairment of a bodily function, 27 substantial disfigurement, loss of pregnancy, or death, which 28 warrants a finding that imposition of such a limitation would 29 deprive the plaintiff of just compensation for the injuries 30 sustained , in which case the amount recoverable shall not 31 exceed one million dollars . 32 Sec. 3. Section 147.136A, Code 2023, is amended by adding 33 the following new subsection: 34 NEW SUBSECTION . 4. The limitations on damages contained 35 -1- HF 161.269 (1) 90 cm/ns 1/ 3 #1.

in subsection 2 shall increase by two and one-tenth percent 1 on January 1, 2028, and each January 1 thereafter. In any 2 civil action described in this section, such limitations on 3 damages shall be the amount effective at the time of the 4 occurrence. The commissioner of insurance shall publish the 5 amount of the limitations on damages contained in this section 6 on the insurance division’s internet site and shall update the 7 published amount annually. 8 Sec. 4. Section 668A.1, subsection 2, paragraphs a and b, 9 Code 2023, are amended to read as follows: 10 a. If the answer or finding pursuant to subsection 1 , 11 paragraph “b” , is affirmative, or if the claim is against any 12 physician and surgeon, osteopathic physician and surgeon, 13 dentist, podiatric physician, optometrist, pharmacist, 14 chiropractor, physician assistant, or nurse, licensed under 15 chapter 147, or a hospital licensed under chapter 135B, arising 16 out of patient care, then the full amount of the punitive or 17 exemplary damages awarded shall be paid to the claimant. 18 b. If the answer or finding pursuant to subsection 1 , 19 paragraph “b” , is negative, and if the claim is not against 20 any physician and surgeon, osteopathic physician and surgeon, 21 dentist, podiatric physician, optometrist, pharmacist, 22 chiropractor, physician assistant, or nurse, licensed under 23 chapter 147, or a hospital licensed under chapter 135B, arising 24 out of patient care, then after payment of all applicable 25 costs and fees, an amount not to exceed twenty-five percent 26 of the punitive or exemplary damages awarded may be ordered 27 paid to the claimant, with the remainder of the award to be 28 ordered paid into a civil reparations trust fund administered 29 by the state court administrator. Funds placed in the civil 30 reparations trust shall be under the control and supervision of 31 the executive council, and shall be disbursed only for purposes 32 of indigent civil litigation programs or insurance assistance 33 programs. 34 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 35 -2- HF 161.269 (1) 90 cm/ns 2/ 3

importance, takes effect upon enactment. 1 Sec. 6. APPLICABILITY. This Act applies to causes of action 2 accrued on or after the effective date of this Act. > 3 2. Title page, line 1, by striking < noneconomic > 4 ______________________________ A. MEYER of Webster -3- HF 161.269 (1) 90 cm/ns 3/ 3 #2.