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