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