House Study Bill 620 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON) A BILL FOR An Act relating to application of the state tort claims Act to 1 providers of health care services required under the federal 2 Emergency Medical Treatment and Active Labor Act. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5414HC (1) 84 pf/nh

H.F. _____ Section 1. Section 669.2, subsection 4, Code Supplement 1 2011, is amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. (1) “Employee of the state” also 3 includes a physician licensed pursuant to chapter 148 who is 4 not otherwise defined as an employee of the state under this 5 subsection and who provides emergency medical services in a 6 participating hospital. 7 (2) For the purposes of this paragraph “c” : 8 (a) “Emergency medical services” means all screenings, 9 examinations, and evaluations by a physician, hospital, or 10 other person or entity acting pursuant to obligations imposed 11 under the federal Emergency Medical Treatment and Active Labor 12 Act, 42 U.S.C. § 1355DD et seq., to determine whether an 13 emergency medical condition exists, and the care, treatment, 14 surgery, or other medical services provided to relieve or 15 eliminate the emergency medical condition, including all 16 medical services to eliminate the likelihood that the emergency 17 medical condition will deteriorate or recur without further 18 medical attention within a reasonable period of time. 19 (b) “Participating hospital” means participating hospital as 20 defined in 42 U.S.C. § 1395DD(e)(2). 21 Sec. 2. Section 669.4, Code 2011, is amended to read as 22 follows: 23 669.4 District court to hold hearings. 24 1. The district court of the state of Iowa for the district 25 in which the plaintiff is resident or in which the act or 26 omission complained of occurred, or where the act or omission 27 occurred outside of Iowa and the plaintiff is a nonresident, 28 the Polk county district court has exclusive jurisdiction to 29 hear, determine, and render judgment on any suit or claim as 30 defined in this chapter . However, the laws and rules of civil 31 procedure of this state on change of place of trial apply to 32 such suits. 33 2. a. The state shall be liable in respect to such claims 34 to the same claimants, in the same manner, and to the same 35 -1- LSB 5414HC (1) 84 pf/nh 1/ 3

H.F. _____ extent as a private individual under like circumstances, except 1 that the state shall not be liable for interest prior to 2 judgment or for punitive damages. Costs shall be allowed in 3 all courts to the successful claimant to the same extent as if 4 the state were a private litigant. 5 b. Notwithstanding any provision to the contrary, including 6 section 669.21, with respect to a claim relating to an 7 employee of the state described in section 669.2, subsection 4, 8 paragraph “c” , such employee of the state shall indemnify the 9 state for any judgments, settlement costs, or other liabilities 10 incurred in any claim or judgment under this chapter up to 11 one hundred thousand dollars. Such an employee of the state 12 who fails to indemnify the state after reasonable notice and 13 written demand to do so is subject to license discipline 14 pursuant to section 148.7. 15 3. The immunity of the state from suit and liability is 16 waived to the extent provided in this chapter . 17 4. A suit is commenced under this chapter by serving the 18 attorney general or the attorney general’s duly authorized 19 delegate in charge of the tort claims division by service of an 20 original notice. The state shall have thirty days within which 21 to enter its general or special appearance. 22 EXPLANATION 23 This bill provides for inclusion as an employee of the 24 state under the state tort claims Act (Code chapter 669) 25 a physician who provides emergency medical services in a 26 participating hospital. The bill also provides definitions, 27 including “emergency medical services” as those services 28 provided pursuant to obligations imposed under the federal 29 Emergency Medical Treatment and Active Labor Act (EMTALA) and a 30 “participating hospital” as a hospital that is subject to the 31 requirements of EMTALA. 32 As an employee of the state under Code chapter 669, however, 33 an emergency health care provider who is a physician would be 34 required to indemnify the state for any judgments, settlement 35 -2- LSB 5414HC (1) 84 pf/nh 2/ 3

H.F. _____ costs, or other liabilities incurred in any claim or judgment 1 under the Code chapter up to $100,000. A physician who fails 2 to indemnify the state after reasonable notice and written 3 demand to do so is subject to license discipline. 4 -3- LSB 5414HC (1) 84 pf/nh 3/ 3