House File 704 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON COMMERCE,
                                           REGULATION AND LABOR

                                       (SUCCESSOR TO HSB 15)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to awards of noneconomic damages against health
  2    care providers.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1582HV 81
  5 rh/pj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  668B.1  TITLE.
  1  2    This chapter may be cited as the "Noneconomic Damage Awards
  1  3 Against Health Care Providers Act".
  1  4    Sec. 2.  NEW SECTION.  668B.2  DEFINITIONS.
  1  5    As used in this chapter, unless the context otherwise
  1  6 requires:
  1  7    1.  "Health care provider" means a physician as defined in
  1  8 section 135.1, a hospital as defined in section 135B.1, or a
  1  9 health care facility as defined in section 135C.1.
  1 10    2.  "Health care services" means services that involve
  1 11 diagnosis, treatment, medical evaluation, advice, or such acts
  1 12 as may be permissible under the health care licensing statutes
  1 13 of this state.
  1 14    3.  "Noneconomic damages" means damages arising from pain,
  1 15 suffering, inconvenience, physical impairment, mental anguish,
  1 16 emotional pain and suffering, loss of chance, loss of
  1 17 consortium, and any other nonpecuniary damages.
  1 18    Sec. 3.  NEW SECTION.  668B.3  DAMAGE AWARDS.
  1 19    In any action for damages for injury or death against any
  1 20 health care provider, whether based in tort, contract, or
  1 21 otherwise, arising out of an act or omission in connection
  1 22 with the provision of health care services, the injured
  1 23 plaintiff shall be entitled to recover noneconomic damages,
  1 24 but such damages shall not exceed two hundred fifty thousand
  1 25 dollars, except upon a finding of actual malice on the part of
  1 26 the defendant.
  1 27                           EXPLANATION
  1 28    This bill creates the noneconomic damage awards against
  1 29 health care providers Act.
  1 30    The bill provides that in any action for noneconomic
  1 31 damages for injury or death against any health care provider
  1 32 whether based in tort, contract, or otherwise, arising out of
  1 33 an act or omission in connection with the provision of health
  1 34 care services, the injured plaintiff shall be entitled to
  1 35 recover noneconomic damages not to exceed $250,000, except
  2  1 upon a finding of actual malice on the part of the defendant.
  2  2    "Health care provider" means a physician defined as a
  2  3 person licensed to practice medicine and surgery, osteopathic
  2  4 medicine and surgery, osteopathy, chiropractic, podiatry, or
  2  5 optometry under the laws of this state pursuant to Code
  2  6 section 135.1, a hospital defined as a place which is devoted
  2  7 primarily to the maintenance and operation of facilities for
  2  8 the medical diagnosis, treatment, or care over a period
  2  9 exceeding 24 hours of two or more nonrelated individuals
  2 10 pursuant to Code section 135B.1, and a health care facility
  2 11 defined as a residential care facility, a nursing facility, an
  2 12 intermediate care facility for persons with mental illness, or
  2 13 an intermediate care facility for persons with mental
  2 14 retardation pursuant to Code section 135C.1.
  2 15    "Noneconomic damages" is defined as damages arising from
  2 16 pain, suffering, inconvenience, physical impairment, mental
  2 17 anguish, emotional pain and suffering, loss of chance, loss of
  2 18 consortium, and any other nonpecuniary damages.
  2 19 LSB 1582HV 81
  2 20 rh:nh/pj/5