House File 2440

PAG LIN

  1  1                                             HOUSE FILE 2440
  1  2
  1  3                             AN ACT
  1  4 RELATING TO AWARDS OF NONECONOMIC DAMAGES AGAINST HEALTH CARE
  1  5    PROVIDERS.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  NEW SECTION.  668B.1  TITLE.
  1 10    This chapter may be cited as the "Noneconomic Damage Awards
  1 11 Against Health Care Providers Act".
  1 12    Sec. 2.  NEW SECTION.  668B.2  DEFINITIONS.
  1 13    As used in this chapter, unless the context otherwise
  1 14 requires:
  1 15    1.  "Health care provider" means a physician as defined in
  1 16 section 135.1, an advanced registered nurse practitioner
  1 17 licensed pursuant to chapter 152, a hospital as defined in
  1 18 section 135B.1, and a health care facility as defined in
  1 19 section 135C.1.
  1 20    2.  "Health care services" means services that involve
  1 21 diagnosis, treatment, medical evaluation, advice, or such acts
  1 22 as may be permissible under the health care licensing statutes
  1 23 of this state.
  1 24    3.  "Noneconomic damages" means damages arising from pain,
  1 25 suffering, inconvenience, physical impairment, mental anguish,
  1 26 emotional pain and suffering, loss of chance, loss of
  1 27 consortium, and any other nonpecuniary damages.
  1 28    Sec. 3.  NEW SECTION.  668B.3  DAMAGE AWARDS.
  1 29    In any action for damages for injury or death against any
  1 30 health care provider, whether based in tort, contract, or
  1 31 otherwise, arising out of an act or omission in connection
  1 32 with the provision of health care services, the injured
  1 33 plaintiff shall be entitled to recover noneconomic damages,
  1 34 but such damages shall not exceed two hundred fifty thousand
  1 35 dollars, except upon a finding of actual malice on the part of
  2  1 the defendant.
  2  2
  2  3
  2  4                                                             
  2  5                               CHRISTOPHER C. RANTS
  2  6                               Speaker of the House
  2  7
  2  8
  2  9                                                             
  2 10                               JEFFREY M. LAMBERTI
  2 11                               President of the Senate
  2 12
  2 13    I hereby certify that this bill originated in the House and
  2 14 is known as House File 2440, Eightieth General Assembly.
  2 15
  2 16
  2 17                                                             
  2 18                               MARGARET THOMSON
  2 19                               Chief Clerk of the House
  2 20 Approved                , 2004
  2 21
  2 22
  2 23                            
  2 24 THOMAS J. VILSACK
  2 25 Governor