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House File 102 - IntroducedA Bill ForAn Act 1relating to noneconomic damage awards against
2health care providers, and including effective date and
3applicability provisions.
4BE 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. (1) “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.
7(2) “Noneconomic damages” does not include the loss of
8dependent care, including the loss of child care, due to the
9death of or severe injury to a spouse or parent who is the
10primary caregiver of a child under the age of eighteen or a
11disabled adult. Such damages shall be considered economic
12damages.
13 Sec. 2. Section 147.136A, subsection 2, Code 2023, is
14amended to read as follows:
152. The total amount recoverable in any civil action for
16noneconomic damages for personal injury or death, whether in
17tort, contract, or otherwise, against a health care provider
18shall be limited to two hundred fifty thousand dollars for any
19occurrence resulting in injury or death of a patient regardless
20of the number of plaintiffs, derivative claims, theories of
21liability, or defendants in the civil action, shall not exceed
22two hundred fifty thousand dollars unless the jury determines
23that there is a substantial or permanent loss or impairment of
24a bodily function, substantial disfigurement, or death, which
25warrants a finding that imposition of such a limitation would
26deprive the plaintiff of just compensation for the injuries
27sustained, in which case the amount recoverable shall not
28exceed one million dollars.
29 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
30importance, takes effect upon enactment.
31 Sec. 4. APPLICABILITY. This Act applies to causes of action
32accrued on or after the effective date of this Act.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to noneconomic damage awards against
2health care providers.
3Current law provides that in a civil action brought against
4a health care provider, the maximum amount of noneconomic
5damages that a patient may recover for personal injury or
6death is $250,000, unless the jury determines that there is
7a substantial or permanent loss or impairment of a bodily
8function, substantial disfigurement, or death, which warrants
9a finding that imposition of such a limitation would deprive
10the plaintiff of just compensation for the injuries sustained.
11In such a case, there is no cap on the amount of noneconomic
12damages that a patient may recover. The bill makes two
13changes to current law. First, the bill establishes that the
14definition of nonecomonic damages does not include the loss of
15dependent care due to the death of or severe injury to a spouse
16or parent who is the primary caregiver of a child or disabled
17adult. Instead, such damages are economic damages. Second,
18the bill provides a $1 million cap on noneconomic damages when
19the jury finds that there is substantial or permanent loss or
20impairment of a bodily function, substantial disfigurement, or
21death which warrants exceeding the $250,000 cap. The bill does
22not amend the current exception to the cap for cases in which
23the defendant’s actions constitute actual malice.
24The bill takes effect upon enactment and applies to causes of
25action accrued on or after that date.
-2-cm/ns
2health care providers, and including effective date and
3applicability provisions.
4BE 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. (1) “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.
7(2) “Noneconomic damages” does not include the loss of
8dependent care, including the loss of child care, due to the
9death of or severe injury to a spouse or parent who is the
10primary caregiver of a child under the age of eighteen or a
11disabled adult. Such damages shall be considered economic
12damages.
13 Sec. 2. Section 147.136A, subsection 2, Code 2023, is
14amended to read as follows:
152. The total amount recoverable in any civil action for
16noneconomic damages for personal injury or death, whether in
17tort, contract, or otherwise, against a health care provider
18shall be limited to two hundred fifty thousand dollars for any
19occurrence resulting in injury or death of a patient regardless
20of the number of plaintiffs, derivative claims, theories of
21liability, or defendants in the civil action, shall not exceed
22two hundred fifty thousand dollars unless the jury determines
23that there is a substantial or permanent loss or impairment of
24a bodily function, substantial disfigurement, or death, which
25warrants a finding that imposition of such a limitation would
26deprive the plaintiff of just compensation for the injuries
27sustained, in which case the amount recoverable shall not
28exceed one million dollars.
29 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
30importance, takes effect upon enactment.
31 Sec. 4. APPLICABILITY. This Act applies to causes of action
32accrued on or after the effective date of this Act.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1- 1This bill relates to noneconomic damage awards against
2health care providers.
3Current law provides that in a civil action brought against
4a health care provider, the maximum amount of noneconomic
5damages that a patient may recover for personal injury or
6death is $250,000, unless the jury determines that there is
7a substantial or permanent loss or impairment of a bodily
8function, substantial disfigurement, or death, which warrants
9a finding that imposition of such a limitation would deprive
10the plaintiff of just compensation for the injuries sustained.
11In such a case, there is no cap on the amount of noneconomic
12damages that a patient may recover. The bill makes two
13changes to current law. First, the bill establishes that the
14definition of nonecomonic damages does not include the loss of
15dependent care due to the death of or severe injury to a spouse
16or parent who is the primary caregiver of a child or disabled
17adult. Instead, such damages are economic damages. Second,
18the bill provides a $1 million cap on noneconomic damages when
19the jury finds that there is substantial or permanent loss or
20impairment of a bodily function, substantial disfigurement, or
21death which warrants exceeding the $250,000 cap. The bill does
22not amend the current exception to the cap for cases in which
23the defendant’s actions constitute actual malice.
24The bill takes effect upon enactment and applies to causes of
25action accrued on or after that date.
-2-cm/ns