H-1017

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

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JONES of Clay

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LOHSE of Polk