HSB 288 (LSB 2191YC (3) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to civil procedure, including disclosures that may be made to the jury and the availability of certain medical records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.4, Code 2025, is amended to read as follows:
   622.4  Medical expenses.
   1.  Evidence offered to prove past medical expenses shall be limited to evidence of the amounts actually paid to satisfy the bills that have been satisfied, regardless of the source of payment, and evidence of the amounts actually necessary to satisfy the bills that have been incurred but not yet satisfied. Evidence of the amounts actually necessary to satisfy the bills that have been incurred shall not exceed the amount by which the bills could be satisfied by the claimant’s health insurance, regardless of whether such health insurance is used or will be used to satisfy the bills. This section does not impose upon any party an affirmative duty to seek a reduction in billed charges to which the party is not contractually entitled.
   2.  If the claimant fails to offer evidence to prove past or future medical expenses, the adverse party may offer evidence of the plaintiff’s medical expenses into evidence consistent with subsection 1 and section 668.14A.
    Sec. 2.  Section 622.10, subsection 2, Code 2025, is amended to read as follows:
   2.  The prohibition does not apply to cases where the person in whose favor the prohibition is made waives the rights conferred; nor does the prohibition apply to physicians or surgeons, physician assistants, advanced registered nurse practitioners, mental health professionals, or to the stenographer or confidential clerk of any physicians or surgeons, physician assistants, advanced registered nurse practitioners, or mental health professionals, in a civil action in which the physical or mental condition of the person in whose favor the prohibition is made is an element or factor of the claim or defense of the person or of any party claiming through or under the person. The evidence is admissible upon trial of the action only as it relates to the condition alleged.
    Sec. 3.  Section 622.10, subsection 3, paragraphs a and b, Code 2025, are amended to read as follows:
   a.  In a civil action in which the physical or mental condition of the plaintiff in whose favor the prohibition is made is an element or factor of the claim or defense of the adverse party or of any party claiming through or under the adverse party, the adverse party shall make a written request for records relating to the condition alleged upon the plaintiff’s attorney for a legally sufficient patient’s waiver under federal and state law. Upon receipt of a written request, the plaintiff shall execute a legally sufficient patient’s waiver and release it to the adverse party making the request within sixty days of receipt of the written request. The patient’s waiver may require a physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional to do all of the following:
   (1)  Provide a complete copy of the patient’s records regardless of the date of treatment, including but not limited to any reports or diagnostic imaging relating to the patient’s physical or mental condition alleged.  The plaintiff shall not refuse to allow access to mental health information if the plaintiff claims physical pain and suffering, mental pain and suffering, loss of full mind and body, or emotional distress.
   (2)  Consult with the attorney for the adverse party prior to providing testimony regarding the plaintiff’s medical history and the condition alleged and opinions regarding health etiology and prognosis for the condition alleged subject to the limitations in paragraphs “c” and “e”.
   b.  If a plaintiff fails to sign a waiver within the prescribed time period, the court may order disclosure or compliance.  In disputes concerning requests for a waiver under this section, the plaintiff has the burden of proof to show that the records sought are not reasonably calculated to lead to the discovery of admissible evidence. The failure of a party to comply with the court’s order may be grounds for dismissal of the action or any other relief authorized under the rules of civil procedure.
    Sec. 4.  Section 668.14, subsection 1, Code 2025, is amended to read as follows:
   1.  In an action brought pursuant to this chapter seeking damages for personal injury, the court shall permit evidence and argument as to the previous payment or future right of payment of actual economic losses incurred or to be incurred as a result of the personal injury for necessary medical care, rehabilitation services, and custodial care, past lost wages, future loss of earning capacity, workers’ compensation, and disability benefits except to the extent that the previous payment or future right of payment is pursuant to a state or federal program or from assets of the claimant or the members of the claimant’s immediate family.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records.
   The bill allows the adverse party to present evidence of the plaintiff’s medical expenses if the plaintiff fails to offer evidence to prove the medical expenses.
   The bill allows mental and physical condition records held in a professional capacity to be discoverable by the adverse party by written request to the plaintiff. The plaintiff cannot refuse to waive confidentiality of those records if the plaintiff is claiming physical pain and suffering, mental pain and suffering, loss of full body and mind, or emotional distress. The plaintiff has the burden of proof that the information sought is not relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence.
   The bill expands the disclosure available to the jury of actual economic losses as a result from the injury to also include past lost wages, future loss of earning capacity, workers’ compensation, and disability benefits.