House File 161 H-1015 Amend the amendment, H-1014, to House File 161, as follows: 1 1. By striking page 1, line 1, through page 3, line 4, and 2 inserting: 3 < Amend House File 161 as follows: 4 1. By striking everything after the enacting clause and 5 inserting: 6 < DIVISION I 7 DAMAGE AWARDS AGAINST HEALTH CARE PROVIDERS 8 Section 1. Section 147.136A, subsection 1, paragraph b, 9 Code 2023, is amended to read as follows: 10 b. (1) “Noneconomic damages” means damages arising from 11 pain, suffering, inconvenience, physical impairment, mental 12 anguish, emotional pain and suffering, loss of chance, loss of 13 consortium, or any other nonpecuniary damages. 14 (2) “Noneconomic damages” does not include the loss of 15 dependent care, including the loss of child care, due to the 16 death of or severe injury to a spouse or parent who is the 17 primary caregiver of a child under the age of eighteen or a 18 disabled adult. Such damages shall be considered economic 19 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 dollars for any occurrence resulting in injury or 27 death of a patient regardless of the number of plaintiffs, 28 derivative claims, theories of liability, or defendants in 29 the civil action, shall not exceed two hundred fifty thousand 30 dollars unless the jury determines that there is a substantial 31 or permanent loss or impairment of a bodily function, 32 substantial disfigurement, loss of pregnancy, or death, which 33 warrants a finding that imposition of such a limitation would 34 deprive the plaintiff of just compensation for the injuries 35 -1- H 1014.276 (1) 90 cm/ns 1/ 4 #1.

sustained , in which case the amount recoverable shall not 1 exceed one million dollars, or two million dollars if the civil 2 action includes a hospital as defined in section 135B.1 . 3 Sec. 3. Section 147.136A, Code 2023, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 4. The limitations on damages contained 6 in subsection 2 shall increase by two and one-tenth percent 7 on January 1, 2028, and each January 1 thereafter. In any 8 civil action described in this section, such limitations on 9 damages shall be the amount effective at the time of the 10 occurrence. The commissioner of insurance shall publish the 11 amount of the limitations on damages contained in this section 12 on the insurance division’s internet site and shall update the 13 published amount annually. 14 Sec. 4. Section 668A.1, subsection 2, paragraphs a and b, 15 Code 2023, are amended to read as follows: 16 a. If the answer or finding pursuant to subsection 1 , 17 paragraph “b” , is affirmative, or if the claim is against any 18 physician and surgeon, osteopathic physician and surgeon, 19 dentist, podiatric physician, optometrist, pharmacist, 20 chiropractor, physician assistant, or nurse, licensed under 21 chapter 147, or a hospital licensed under chapter 135B, arising 22 out of patient care, then the full amount of the punitive or 23 exemplary damages awarded shall be paid to the claimant. 24 b. If the answer or finding pursuant to subsection 1 , 25 paragraph “b” , is negative, and if the claim is not against 26 any physician and surgeon, osteopathic physician and surgeon, 27 dentist, podiatric physician, optometrist, pharmacist, 28 chiropractor, physician assistant, or nurse, licensed under 29 chapter 147, or a hospital licensed under chapter 135B, arising 30 out of patient care, then after payment of all applicable 31 costs and fees, an amount not to exceed twenty-five percent 32 of the punitive or exemplary damages awarded may be ordered 33 paid to the claimant, with the remainder of the award to be 34 ordered paid into a civil reparations trust fund administered 35 -2- H 1014.276 (1) 90 cm/ns 2/ 4

by the state court administrator. Funds placed in the civil 1 reparations trust shall be under the control and supervision of 2 the executive council, and shall be disbursed only for purposes 3 of indigent civil litigation programs or insurance assistance 4 programs. 5 Sec. 5. EFFECTIVE DATE. This division of this Act, being 6 deemed of immediate importance, takes effect upon enactment. 7 Sec. 6. APPLICABILITY. This division of this Act applies to 8 causes of action accrued on or after the effective date of this 9 division of this Act. 10 DIVISION II 11 MEDICAL ERROR TASK FORCE 12 Sec. 7. MEDICAL ERROR TASK FORCE. 13 1. The department of health and human services shall 14 convene a task force to review medical error rates of licensed 15 physicians in this state and shall make recommendations to the 16 general assembly and the director of health and human services 17 including recommendations that address options for reducing 18 medical error rates, improvements in education and training 19 to minimize medical errors, and whether applicable penalties 20 for medical errors and physician licensure review measures are 21 sufficient. 22 2. a. The task force shall include all of the following 23 voting members: 24 (1) The director of health and human services, or the 25 director’s designee. 26 (2) The director of inspections and appeals, or the 27 director’s designee. 28 (3) The executive director of the board of medicine. 29 (4) The ombudsman. 30 (5) A representative of the Iowa medical society. 31 (6) A representative of the board of regents affiliated with 32 the university of Iowa hospitals and clinics. 33 (7) The commissioner of insurance, or the commissioner’s 34 designee. 35 -3- H 1014.276 (1) 90 cm/ns 3/ 4

(8) The attorney general, or the attorney general’s 1 designee. 2 b. The task force shall also include four members of the 3 general assembly serving as ex officio, nonvoting members, one 4 representative to be appointed by the speaker of the house of 5 representatives, one representative to be appointed by the 6 minority leader of the house of representatives, one senator to 7 be appointed by the president of the senate after consultation 8 with the majority leader of the senate, and one senator to be 9 appointed by the minority leader of the senate. 10 c. The director of health and human services, or the 11 director’s designee, may add members to the task force as 12 necessary to complete the work of the task force. 13 3. The department of health and human services shall provide 14 administrative support to the task force. The director of 15 health and human services, or the director’s designee, shall 16 serve as chairperson of the task force, and shall schedule 17 meetings of the task force as necessary to complete the work 18 of the task force. 19 4. The task force shall dissolve upon submission of the 20 report to the general assembly and the director of health and 21 human services, but no later than January 8, 2024. > 22 2. Title page, line 1, by striking < noneconomic > 23 3. Title page, line 2, after < providers, > by inserting 24 < creating a medical error task force, >> 25 ______________________________ A. MEYER of Webster -4- H 1014.276 (1) 90 cm/ns 4/ 4 #2. #3.