S.F. _____ Section 1. NEW SECTION . 515.134A Policy information —— duty 1 to provide. 2 1. Upon the written request of a claimant or a claimant’s 3 representative, an insurer that is providing or may provide 4 liability insurance coverage of the claimant’s claim or a 5 portion of that claim under a policy of insurance, shall, 6 within thirty days, provide a written statement, made by 7 an authorized person, stating the limits of any liability 8 insurance coverage. The statement shall include the limits of 9 liability insurance coverage with respect to each policy of 10 insurance issued by that insurer, including excess or umbrella 11 insurance, under which such coverage is being provided or may 12 be provided. 13 2. Information provided to a claimant or a claimant’s 14 representative pursuant to this section shall be amended within 15 fourteen days of the discovery that the information provided 16 is incorrect. 17 Sec. 2. Section 516A.2, Code 2011, is amended to read as 18 follows: 19 516A.2 Construction —— minimum coverage —— stacking step-down 20 provisions . 21 1. a. Except with respect to a policy containing 22 both underinsured motor vehicle coverage and uninsured or 23 hit-and-run motor vehicle coverage, nothing Nothing contained 24 in this chapter shall be construed as requiring forms of 25 coverage provided pursuant hereto to this chapter , whether 26 alone or in combination with similar coverage afforded under 27 other automobile liability or motor vehicle liability policies, 28 to afford limits in excess of those that would be afforded had 29 the insured thereunder been involved in an accident with a 30 motorist who was insured under a policy of liability insurance 31 with the minimum limits for bodily injury or death prescribed 32 in subsection 11 of section 321A.1 , subsection 11 . Such 33 forms of coverage may include terms, exclusions, limitations, 34 conditions, and offsets which are designed to avoid duplication 35 -1- LSB 5985XC (7) 84 rh/rj 1/ 6

S.F. _____ of insurance or other benefits duplicate payment of damages . 1 b. To the extent that Hernandez v. Farmers Insurance Company , 2 460 N.W.2d 842 (Iowa 1990), provided for interpolicy stacking 3 of uninsured or underinsured coverages in contravention of 4 specific contract or policy language, the general assembly 5 declares such decision abrogated and declares that the 6 enforcement of the antistacking provisions contained in a motor 7 vehicle insurance policy does not frustrate the protection 8 given to an insured under section 516A.1 . 9 2. Pursuant to chapter 17A , the commissioner of insurance 10 shall, by January 1, 1992, adopt rules to assure the 11 availability, within the state, of motor vehicle insurance 12 policies, riders, endorsements, or other similar forms of 13 coverage, the terms of which shall provide for the stacking of 14 uninsured and underinsured coverages with any similar coverage 15 which may be available to an insured. 16 3. It is the intent of the general assembly that when more 17 than one motor vehicle insurance policy is purchased by or on 18 behalf of an injured insured and which provides uninsured, 19 underinsured, or hit-and-run motor vehicle coverage to an 20 insured injured in an accident, the injured insured is entitled 21 to recover up to an amount equal to the highest single limit 22 for uninsured, underinsured, or hit-and-run motor vehicle 23 coverage under any one of the above described motor vehicle 24 insurance policies insuring the injured person which amount 25 shall be paid by the insurers according to any priority of 26 coverage provisions contained in the policies insuring the 27 injured person. 28 4. A policy to which this chapter applies shall not include 29 exclusions or step-down provisions that eliminate or reduce 30 uninsured or underinsured coverage for a person who would 31 otherwise be covered under the policy for the reason that 32 the person is injured by, or while occupying a vehicle being 33 operated by, another person insured under the policy. 34 Sec. 3. NEW SECTION . 602.1212A Judges for medical 35 -2- LSB 5985XC (7) 84 rh/rj 2/ 6

S.F. _____ malpractice cases. 1 1. The supreme court shall designate at least one district 2 judge in each judicial district in the state who shall be 3 subject to assignment by the chief justice to preside as 4 necessary in this state in a medical malpractice action. 5 Designations shall be made on the basis of qualifications and 6 experience, and shall be for the purpose of developing a pool 7 of district judges who will have the knowledge and experience 8 needed to preside in medical malpractice actions. 9 2. Only the district judge assigned by the chief justice 10 shall preside in the particular medical malpractice action. 11 3. For purposes of this section, “medical malpractice 12 action” means an action founded on injuries to a person or 13 wrongful death against any physician and surgeon, osteopathic 14 physician and surgeon, dentist, podiatric physician, 15 optometrist, pharmacist, chiropractor, physician assistant, or 16 nurse, licensed under chapter 147, or a hospital licensed under 17 chapter 135B, arising out of patient care. 18 Sec. 4. NEW SECTION . 624.39 Continuance —— medical 19 malpractice actions. 20 A motion for a continuance in a medical malpractice action, 21 as defined in section 602.1212A, shall be granted only upon 22 consent of the parties and only in extraordinary circumstances. 23 Sec. 5. Section 633.3, subsection 30, Code Supplement 2011, 24 is amended to read as follows: 25 30. Personal representative —— includes executor and 26 administrator. However, for purposes of obtaining a decedent’s 27 medical records or asserting a decedent’s rights under the 28 federal Health Insurance Portability and Accountability Act of 29 1996, Pub. L. No. 104-191, the personal representative is the 30 first of the following persons who exist when the request for 31 medical records or assertion of rights is made: 32 a. The executor or administrator. 33 b. The decedent’s spouse. 34 c. The decedent’s adult child. 35 -3- LSB 5985XC (7) 84 rh/rj 3/ 6

S.F. _____ d. The decedent’s adult sibling. 1 Sec. 6. Section 668.11, Code 2011, is amended to read as 2 follows: 3 668.11 Disclosure of expert witnesses in liability cases 4 involving licensed professionals. 5 1. A party in a professional liability case brought against 6 a licensed professional pursuant to this chapter who intends 7 to call an expert witness of their own selection, shall 8 certify to the court and all other parties the expert’s name, 9 qualifications , and the purpose for calling the expert , and 10 the element of the cause of action about which the expert will 11 testify within the following time period: 12 a. The plaintiff within one hundred eighty days of the 13 defendant’s answer unless the court for good cause not ex parte 14 extends the time of disclosure. 15 b. The defendant within ninety days of plaintiff’s 16 certification. 17 2. If a party fails to disclose an expert pursuant to 18 subsection 1 or does not make the an expert available for 19 discovery, the expert shall be prohibited from testifying in 20 the action unless leave for the expert’s testimony is given by 21 the court for good cause shown. 22 3. A party shall disclose at least one but not more than two 23 experts for each element of the cause of action about which an 24 expert or experts will be called to testify. 25 3. 4. This section does not apply to court appointed 26 experts or to rebuttal experts called with the approval of the 27 court. 28 EXPLANATION 29 LIABILITY INSURANCE POLICY INFORMATION. This bill requires 30 insurers to provide certain information about insurance 31 policies that are providing or may provide liability insurance 32 coverage to a claimant, upon the request of the claimant or 33 the claimant’s representative, and to update the information 34 provided upon the discovery that it is not correct. 35 -4- LSB 5985XC (7) 84 rh/rj 4/ 6

S.F. _____ AUTOMOBILE INSURANCE COVERAGE —— LIABILITY. Code section 1 516A.2(1) relating to uninsured and underinsured and 2 hit-and-run motor vehicle coverage, is amended to provide that 3 such coverage may include provisions that are designed to 4 avoid duplicate payment of damages. Code section 516A.2 is 5 amended to prohibit exclusions or step-down provisions in motor 6 vehicle insurance policies that eliminate or reduce uninsured 7 or underinsured and hit-and-run coverage for a person who would 8 otherwise be covered under the policy because the person is 9 injured by, or while in a vehicle being operated by, another 10 person insured under the policy. 11 MEDICAL MALPRACTICE ACTIONS —— JUDGES —— MOTION FOR 12 CONTINUANCE. The bill provides that the supreme court 13 shall designate at least one district judge in each judicial 14 district in the state who shall be subject to assignment 15 by the chief justice to preside as necessary in a medical 16 malpractice action. Designations shall be made on the 17 basis of qualifications and experience, and shall be for the 18 purpose of developing a pool of district judges who will have 19 the knowledge and experience needed to preside in medical 20 malpractice actions. Only the district judge assigned shall 21 preside in the particular medical malpractice action. 22 The bill provides that a motion for a continuance in a 23 medical malpractice action shall be granted only upon consent 24 of the parties and only in extraordinary circumstances. 25 For purposes of the bill, “medical malpractice action” means 26 an action founded on injuries to a person or wrongful death 27 against any physician and surgeon, osteopathic physician and 28 surgeon, dentist, podiatric physician, optometrist, pharmacist, 29 chiropractor, physician assistant, or nurse, licensed under 30 Code chapter 147, or a hospital licensed under Code chapter 31 135B, arising out of patient care. 32 PERSONAL REPRESENTATIVE —— HIPPA. The bill expands the 33 definition of personal representative under the probate 34 code for purposes of obtaining a decedent’s medical records 35 -5- LSB 5985XC (7) 84 rh/rj 5/ 6

S.F. _____ or asserting a decedent’s rights under the federal Health 1 Insurance Portability and Accountability Act of 1996, Pub. L. 2 No. 104-191 (HIPPA) and designates the personal representative 3 under such circumstances to be the first of the following 4 persons who exist when the request for medical records or 5 assertion of rights is made: the executor or administrator; 6 the decedent’s spouse; the decedent’s adult child; or the 7 decedent’s adult sibling. 8 DISCLOSURE OF EXPERT WITNESSES —— LIABILITY CASES —— 9 PROFESSIONALS. Current law requires a party in a professional 10 liability case brought against a licensed professional who 11 intends to call an expert witness to certify to the court and 12 all parties in the case the expert’s name, qualifications, the 13 purpose for calling the expert within certain time frames, 14 depending upon whether the party is the plaintiff or defendant 15 in the case. The bill requires a party who intends to call 16 an expert witness to certify to the court and all parties the 17 element of the cause of action about which the expert will 18 testify. The bill also requires a party to disclose at least 19 one but not more than two experts for each element of the cause 20 of action about which an expert or experts will be called to 21 testify. 22 -6- LSB 5985XC (7) 84 rh/rj 6/ 6