Senate
Study
Bill
1063
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
noneconomic
damage
awards
against
health
1
care
providers.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1583XC
(2)
90
cm/ns
S.F.
_____
Section
1.
Section
147.136A,
subsection
1,
paragraph
b,
1
Code
2023,
is
amended
to
read
as
follows:
2
b.
“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.
“Noneconomic
6
damages”
does
not
include
the
loss
of
dependent
care,
including
7
the
loss
of
child
care,
due
to
the
death
of
or
severe
injury
8
to
a
spouse
or
parent
who
is
the
primary
caregiver
of
a
child
9
under
the
age
of
eighteen
or
a
disabled
adult,
and
such
damages
10
shall
be
considered
economic
damages.
11
Sec.
2.
Section
147.136A,
subsection
2,
Code
2023,
is
12
amended
to
read
as
follows:
13
2.
a.
The
Subject
to
paragraph
“b”
,
the
total
amount
14
recoverable
in
any
civil
action
for
noneconomic
damages
15
for
personal
injury
or
death,
whether
in
tort,
contract,
or
16
otherwise,
against
a
health
care
provider
shall
be
limited
to
17
two
hundred
fifty
thousand
dollars
for
any
occurrence
resulting
18
in
injury
or
death
of
a
patient
regardless
of
the
number
of
19
plaintiffs,
derivative
claims,
theories
of
liability,
or
20
defendants
in
the
civil
action
,
unless
.
21
b.
If
the
jury
determines
that
there
is
a
substantial
or
22
permanent
loss
or
impairment
of
a
bodily
function,
substantial
23
disfigurement,
or
death,
which
warrants
a
finding
that
24
imposition
of
such
a
the
limitation
under
paragraph
“a”
would
25
deprive
the
plaintiff
of
just
compensation
for
the
injuries
26
sustained
,
the
total
amount
recoverable
for
noneconomic
damages
27
under
paragraph
“a”
shall
be
limited
to
one
million
dollars
.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
noneconomic
damage
awards
against
32
health
care
providers.
The
bill
provides
that
damages
for
loss
33
of
dependent
care
due
to
death
of
or
severe
injury
to
a
spouse
34
or
parent
who
is
the
primary
caregiver
are
considered
economic
35
-1-
LSB
1583XC
(2)
90
cm/ns
1/
2
S.F.
_____
damages.
1
The
bill
limits
the
amount
of
noneconomic
damages
that
2
a
jury
can
award
a
plaintiff
if
there
is
a
substantial
or
3
permanent
loss
or
impairment
of
a
bodily
function,
substantial
4
disfigurement,
or
death
to
$1
million.
The
bill
does
not
5
amend
the
current
exception
to
the
cap
for
cases
in
which
the
6
defendant’s
actions
constitute
actual
malice.
7
-2-
LSB
1583XC
(2)
90
cm/ns
2/
2