House
File
161
-
Introduced
HOUSE
FILE
161
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HF
102)
A
BILL
FOR
An
Act
relating
to
noneconomic
damage
awards
against
1
health
care
providers,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1101HV
(2)
90
cm/ns
H.F.
161
Section
1.
Section
147.136A,
subsection
1,
paragraph
b,
1
Code
2023,
is
amended
to
read
as
follows:
2
b.
(1)
“Noneconomic
damages”
means
damages
arising
from
3
pain,
suffering,
inconvenience,
physical
impairment,
mental
4
anguish,
emotional
pain
and
suffering,
loss
of
chance,
loss
of
5
consortium,
or
any
other
nonpecuniary
damages.
6
(2)
“Noneconomic
damages”
does
not
include
the
loss
of
7
dependent
care,
including
the
loss
of
child
care,
due
to
the
8
death
of
or
severe
injury
to
a
spouse
or
parent
who
is
the
9
primary
caregiver
of
a
child
under
the
age
of
eighteen
or
a
10
disabled
adult.
Such
damages
shall
be
considered
economic
11
damages.
12
Sec.
2.
Section
147.136A,
subsection
2,
Code
2023,
is
13
amended
to
read
as
follows:
14
2.
The
Subject
to
subsection
4,
the
total
amount
recoverable
15
in
any
civil
action
for
noneconomic
damages
for
personal
injury
16
or
death,
whether
in
tort,
contract,
or
otherwise,
against
a
17
health
care
provider
shall
be
limited
to
two
hundred
fifty
18
thousand
dollars
for
any
occurrence
resulting
in
injury
or
19
death
of
a
patient
regardless
of
the
number
of
plaintiffs,
20
derivative
claims,
theories
of
liability,
or
defendants
in
21
the
civil
action,
shall
not
exceed
two
hundred
fifty
thousand
22
dollars
unless
the
jury
determines
that
there
is
a
substantial
23
or
permanent
loss
or
impairment
of
a
bodily
function,
24
substantial
disfigurement,
loss
of
pregnancy,
or
death,
which
25
warrants
a
finding
that
imposition
of
such
a
limitation
would
26
deprive
the
plaintiff
of
just
compensation
for
the
injuries
27
sustained
,
in
which
case
the
amount
recoverable
shall
not
28
exceed
one
million
dollars
.
29
Sec.
3.
Section
147.136A,
Code
2023,
is
amended
by
adding
30
the
following
new
subsection:
31
NEW
SUBSECTION
.
4.
The
limitations
on
damages
contained
32
in
subsection
2
shall
increase
by
two
and
one-tenth
percent
33
on
January
1,
2028,
and
each
January
1
thereafter.
In
any
34
civil
action
described
in
this
section,
such
limitations
on
35
-1-
LSB
1101HV
(2)
90
cm/ns
1/
2
H.F.
161
damages
shall
be
the
amount
effective
at
the
time
of
the
1
occurrence.
The
commissioner
of
insurance
shall
publish
the
2
amount
of
the
limitations
on
damages
contained
in
this
section
3
on
the
insurance
division’s
internet
site
and
shall
update
the
4
published
amount
annually.
5
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
6
importance,
takes
effect
upon
enactment.
7
Sec.
5.
APPLICABILITY.
This
Act
applies
to
causes
of
action
8
accrued
on
or
after
the
effective
date
of
this
Act.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
noneconomic
damage
awards
against
13
health
care
providers.
The
bill
provides
that
damages
for
loss
14
of
dependent
care
due
to
death
of
or
severe
injury
to
a
spouse
15
or
parent
who
is
the
primary
caregiver
are
considered
economic
16
damages.
17
The
bill
limits
the
amount
of
noneconomic
damages
that
18
a
jury
can
award
a
plaintiff
if
there
is
a
substantial
or
19
permanent
loss
or
impairment
of
a
bodily
function,
substantial
20
disfigurement,
loss
of
pregnancy,
or
death
to
$1
million.
The
21
bill
does
not
amend
the
current
exception
to
the
cap
for
cases
22
in
which
the
defendant’s
actions
constitute
actual
malice.
23
The
bill
provides
for
a
2.1
percent
increase
in
the
$250,000
24
cap
under
current
law
and
$1
million
cap
under
the
bill
25
beginning
on
January
1,
2028,
and
each
January
1
thereafter.
26
The
commissioner
of
insurance
is
required
to
publish
and
update
27
the
amount
of
the
limitations
on
damages
on
the
insurance
28
division’s
internet
site
annually.
29
The
bill
takes
effect
upon
enactment
and
applies
to
causes
of
30
action
accrued
on
or
after
that
date.
31
-2-
LSB
1101HV
(2)
90
cm/ns
2/
2