House Study Bill 15 HOUSE FILE BY (PROPOSED COMMITTEE ON COMMERCE, REGULATION AND LABOR BILL BY CHAIRPERSON JENKINS) 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 1582YC 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 1582YC 81 2 20 rh/pj/5