H.F. 517 Section 1. Section 147.136A, subsection 2, Code 2021, is 1 amended to read as follows: 2 2. The total amount recoverable in any civil action for 3 noneconomic damages for personal injury or death, whether 4 in tort, contract, or otherwise, against a health care 5 provider shall be limited to two hundred fifty thousand one 6 million dollars for any occurrence resulting in injury or 7 death of a patient regardless of the number of plaintiffs, 8 derivative claims, theories of liability, or defendants in 9 the civil action , unless the jury determines that there is 10 a substantial or permanent loss or impairment of a bodily 11 function, substantial disfigurement, or death, which warrants a 12 finding that imposition of such a limitation would deprive the 13 plaintiff of just compensation for the injuries sustained . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Under current law, the limit for the total amount 18 recoverable for noneconomic damages for personal injury or 19 death against a health care provider in a civil action is 20 $250,000, unless the jury determines that there is substantial 21 or permanent loss or impairment of a bodily function, 22 substantial disfigurement, or death, which warrants a finding 23 that imposition of such a limitation would deprive the 24 plaintiff of just compensation for the injuries sustained. 25 This bill increases the cap from $250,000 to $1 million and 26 removes the exception to the cap. 27 -1- LSB 2536YH (3) 89 cm/jh 1/ 1