Senate File 148 S-3015 Amend Senate File 148 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 DAMAGE AWARDS AGAINST HEALTH CARE PROVIDERS 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) “Noneconomic damages” does not include the loss of 12 dependent care, including the loss of child care, due to the 13 death of or severe injury to a spouse or parent who is the 14 primary caregiver of a child under the age of eighteen or a 15 disabled adult. Such damages shall be considered economic 16 damages. 17 Sec. 2. Section 147.136A, subsection 2, Code 2023, is 18 amended to read as follows: 19 2. The Subject to subsection 4, the total amount recoverable 20 in any civil action for noneconomic damages for personal injury 21 or death, whether in tort, contract, or otherwise, against a 22 health care provider shall be limited to two hundred fifty 23 thousand dollars for any occurrence resulting in injury or 24 death of a patient regardless of the number of plaintiffs, 25 derivative claims, theories of liability, or defendants in 26 the civil action, shall not exceed two hundred fifty thousand 27 dollars unless the jury determines that there is a substantial 28 or permanent loss or impairment of a bodily function, 29 substantial disfigurement, loss of pregnancy, or death, which 30 warrants a finding that imposition of such a limitation would 31 deprive the plaintiff of just compensation for the injuries 32 sustained , in which case the amount recoverable shall not 33 exceed one million dollars, or two million dollars if the civil 34 action includes a hospital as defined in section 135B.1 . 35 -1- SF 148.281 (1) 90 cm/ns 1/ 4 #1.

Sec. 3. Section 147.136A, Code 2023, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. The limitations 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 limitations 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 limitations on damages contained in this section 9 on the insurance division’s internet site and shall update the 10 published amount annually. 11 Sec. 4. Section 668A.1, subsection 2, paragraphs a and b, 12 Code 2023, are amended to read as follows: 13 a. If the answer or finding pursuant to subsection 1 , 14 paragraph “b” , is affirmative, or if the claim is against any 15 physician and surgeon, osteopathic physician and surgeon, 16 dentist, podiatric physician, optometrist, pharmacist, 17 chiropractor, physician assistant, or nurse, licensed under 18 chapter 147, or a hospital licensed under chapter 135B, arising 19 out of patient care, then the full amount of the punitive or 20 exemplary damages awarded shall be paid to the claimant. 21 b. If the answer or finding pursuant to subsection 1 , 22 paragraph “b” , is negative, and if the claim is not against 23 any physician and surgeon, osteopathic physician and surgeon, 24 dentist, podiatric physician, optometrist, pharmacist, 25 chiropractor, physician assistant, or nurse, licensed under 26 chapter 147, or a hospital licensed under chapter 135B, arising 27 out of patient care, then after payment of all applicable 28 costs and fees, an amount not to exceed twenty-five percent 29 of the punitive or exemplary damages awarded may be ordered 30 paid to the claimant, with the remainder of the award to be 31 ordered paid into a civil reparations trust fund administered 32 by the state court administrator. Funds placed in the civil 33 reparations trust shall be under the control and supervision of 34 the executive council, and shall be disbursed only for purposes 35 -2- SF 148.281 (1) 90 cm/ns 2/ 4

of indigent civil litigation programs or insurance assistance 1 programs. 2 Sec. 5. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. 4 Sec. 6. APPLICABILITY. This division of this Act applies to 5 causes of action accrued on or after the effective date of this 6 division of this Act. 7 DIVISION II 8 MEDICAL ERROR TASK FORCE 9 Sec. 7. MEDICAL ERROR TASK FORCE. 10 1. The department of health and human services shall 11 convene a task force to review medical error rates of licensed 12 physicians in this state and shall make recommendations to the 13 general assembly and the director of health and human services 14 including recommendations that address options for reducing 15 medical error rates, improvements in education and training 16 to minimize medical errors, and whether applicable penalties 17 for medical errors and physician licensure review measures are 18 sufficient. 19 2. a. The task force shall include all of the following 20 voting members: 21 (1) The director of health and human services, or the 22 director’s designee. 23 (2) The director of inspections and appeals, or the 24 director’s designee. 25 (3) The executive director of the board of medicine. 26 (4) The ombudsman. 27 (5) A representative of the Iowa medical society. 28 (6) A representative of the board of regents affiliated with 29 the university of Iowa hospitals and clinics. 30 (7) The commissioner of insurance, or the commissioner’s 31 designee. 32 (8) The attorney general, or the attorney general’s 33 designee. 34 b. The task force shall also include four members of the 35 -3- SF 148.281 (1) 90 cm/ns 3/ 4

general assembly serving as ex officio, nonvoting members, one 1 representative to be appointed by the speaker of the house of 2 representatives, one representative to be appointed by the 3 minority leader of the house of representatives, one senator to 4 be appointed by the president of the senate after consultation 5 with the majority leader of the senate, and one senator to be 6 appointed by the minority leader of the senate. 7 c. The director of health and human services, or the 8 director’s designee, may add members to the task force as 9 necessary to complete the work of the task force. 10 3. The department of health and human services shall provide 11 administrative support to the task force. The director of 12 health and human services, or the director’s designee, shall 13 serve as chairperson of the task force, and shall schedule 14 meetings of the task force as necessary to complete the work 15 of the task force. 16 4. The task force shall dissolve upon submission of the 17 report to the general assembly and the director of health and 18 human services, but no later than January 8, 2024. > 19 2. Title page, line 1, by striking < noneconomic > 20 3. Title page, line 2, after < providers, > by inserting 21 < creating a medical error task force, > 22 ______________________________ JASON SCHULTZ -4- SF 148.281 (1) 90 cm/ns 4/ 4 #2. #3.