Senate
File
2005
-
Introduced
SENATE
FILE
2005
BY
JOHNSON
A
BILL
FOR
An
Act
relating
to
awards
of
noneconomic
damages
against
health
1
care
providers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5255SS
(7)
83
rh/nh
S.F.
2005
Section
1.
NEW
SECTION
.
668B.1
Title.
1
This
chapter
may
be
cited
as
the
“Noneconomic
Damage
Awards
2
Against
Health
Care
Providers
Act”
.
3
Sec.
2.
NEW
SECTION
.
668B.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Health
care
provider”
means
a
physician
as
defined
7
in
section
135.1,
an
advanced
registered
nurse
practitioner
8
licensed
pursuant
to
chapter
152,
a
hospital
as
defined
in
9
section
135B.1,
and
a
health
care
facility
as
defined
in
10
section
135C.1.
11
2.
“Health
care
services”
means
services
that
involve
12
diagnosis,
treatment,
medical
evaluation,
advice,
or
such
acts
13
as
may
be
permissible
under
the
health
care
licensing
statutes
14
of
this
state.
15
3.
“Noneconomic
damages”
means
damages
arising
from
16
pain,
suffering,
inconvenience,
physical
impairment,
mental
17
anguish,
emotional
pain
and
suffering,
loss
of
chance,
loss
of
18
consortium,
and
any
other
nonpecuniary
damages.
19
Sec.
3.
NEW
SECTION
.
668B.3
Damage
awards.
20
In
any
action
for
damages
for
injury
or
death
against
any
21
health
care
provider,
whether
based
in
tort,
contract,
or
22
otherwise,
arising
out
of
an
act
or
omission
in
connection
with
23
the
provision
of
health
care
services,
the
injured
plaintiff
24
shall
be
entitled
to
recover
noneconomic
damages,
but
such
25
damages
shall
not
exceed
two
hundred
fifty
thousand
dollars,
26
except
upon
a
finding
of
actual
malice
on
the
part
of
the
27
defendant.
28
EXPLANATION
29
This
bill
creates
the
noneconomic
damage
awards
against
30
health
care
provider
Act.
31
The
bill
provides
that
in
any
action
for
noneconomic
damages
32
for
injury
or
death
against
any
health
care
provider
whether
33
based
in
tort,
contract,
or
otherwise,
arising
out
of
an
act
34
or
omission
in
connection
with
the
provision
of
health
care
35
-1-
LSB
5255SS
(7)
83
rh/nh
1/
2
S.F.
2005
services,
the
injured
plaintiff
shall
be
entitled
to
recover
1
noneconomic
damages
not
to
exceed
$250,000,
except
upon
a
2
finding
of
actual
malice
on
the
part
of
the
defendant.
3
“Noneconomic
damages”
is
defined
as
damages
arising
from
4
pain,
suffering,
inconvenience,
physical
impairment,
mental
5
anguish,
emotional
pain
and
suffering,
loss
of
chance,
loss
of
6
consortium,
and
any
other
nonpecuniary
damages.
7
“Health
care
provider”
means
a
physician
defined
as
a
8
person
licensed
to
practice
medicine
and
surgery,
osteopathic
9
medicine
and
surgery,
osteopathy,
chiropractic,
podiatry,
or
10
optometry
under
the
laws
of
this
state
pursuant
to
Code
section
11
135.1,
an
advanced
registered
nurse
practitioner
licensed
12
pursuant
to
Code
chapter
152,
a
hospital
defined
as
a
place
13
which
is
devoted
primarily
to
the
maintenance
and
operation
of
14
facilities
for
the
medical
diagnosis,
treatment,
or
care
over
a
15
period
exceeding
24
hours
of
two
or
more
nonrelated
individuals
16
pursuant
to
Code
section
135B.1,
and
a
health
care
facility
17
defined
as
a
residential
care
facility,
a
nursing
facility,
an
18
intermediate
care
facility
for
persons
with
mental
illness,
19
or
an
intermediate
care
facility
for
persons
with
mental
20
retardation
pursuant
to
Code
section
135C.1.
21
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(7)
83
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2