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Senate File 148 - 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 Subject to subsection 4, the total amount recoverable
16in any civil action for noneconomic damages for personal
17injury or death, whether in tort, contract, or otherwise,
18against a health care provider shall be limited to two
19hundred fifty thousand dollars for any occurrence resulting
20in injury or death of a patient regardless of the number of
21plaintiffs, derivative claims, theories of liability, or
22defendants in the civil action, shall not exceed two hundred
23fifty thousand dollars unless the jury determines that there
24is a substantial or permanent loss or impairment of a bodily
25function, substantial disfigurement, or death, which warrants a
26finding that imposition of such a limitation would deprive the
27plaintiff of just compensation for the injuries sustained, in
28which case the amount recoverable shall not exceed one million
29dollars.
30 Sec. 3. Section 147.136A, Code 2023, is amended by adding
31the following new subsection:
32 NEW SUBSECTION. 4. The limitations on damages contained
33in subsection 2 shall increase by two and one-tenth percent
34on January 1, 2028, and each January 1 thereafter. In any
35civil action described in this section, such limitations on
-1-1damages shall be the amount effective at the time of the
2occurrence. The commissioner of insurance shall publish the
3amount of the limitations on damages contained in this section
4on the insurance division’s internet site and shall update the
5published amount annually.
6 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
7importance, takes effect upon enactment.
8 Sec. 5. APPLICABILITY. This Act applies to causes of action
9accrued on or after the effective date of this Act.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to noneconomic damage awards against
14health care providers. The bill provides that damages for loss
15of dependent care due to death of or severe injury to a spouse
16or parent who is the primary caregiver are considered economic
17damages.
18The bill limits the amount of noneconomic damages that
19a jury can award a plaintiff if there is a substantial or
20permanent loss or impairment of a bodily function, substantial
21disfigurement, or death to $1 million. The bill does not
22amend the current exception to the cap for cases in which the
23defendant’s actions constitute actual malice.
24The bill provides for a 2.1 percent increase in the $250,000
25cap under current law and $1 million cap under the bill
26beginning on January 1, 2028, and each January 1 thereafter.
27The commissioner of insurance is required to publish and update
28the amount of the limitations on damages on the insurance
29division’s internet site annually.
30The bill takes effect upon enactment and applies to causes of
31action accrued on or after that date.
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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 Subject to subsection 4, the total amount recoverable
16in any civil action for noneconomic damages for personal
17injury or death, whether in tort, contract, or otherwise,
18against a health care provider shall be limited to two
19hundred fifty thousand dollars for any occurrence resulting
20in injury or death of a patient regardless of the number of
21plaintiffs, derivative claims, theories of liability, or
22defendants in the civil action, shall not exceed two hundred
23fifty thousand dollars unless the jury determines that there
24is a substantial or permanent loss or impairment of a bodily
25function, substantial disfigurement, or death, which warrants a
26finding that imposition of such a limitation would deprive the
27plaintiff of just compensation for the injuries sustained, in
28which case the amount recoverable shall not exceed one million
29dollars.
30 Sec. 3. Section 147.136A, Code 2023, is amended by adding
31the following new subsection:
32 NEW SUBSECTION. 4. The limitations on damages contained
33in subsection 2 shall increase by two and one-tenth percent
34on January 1, 2028, and each January 1 thereafter. In any
35civil action described in this section, such limitations on
-1-1damages shall be the amount effective at the time of the
2occurrence. The commissioner of insurance shall publish the
3amount of the limitations on damages contained in this section
4on the insurance division’s internet site and shall update the
5published amount annually.
6 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate
7importance, takes effect upon enactment.
8 Sec. 5. APPLICABILITY. This Act applies to causes of action
9accrued on or after the effective date of this Act.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to noneconomic damage awards against
14health care providers. The bill provides that damages for loss
15of dependent care due to death of or severe injury to a spouse
16or parent who is the primary caregiver are considered economic
17damages.
18The bill limits the amount of noneconomic damages that
19a jury can award a plaintiff if there is a substantial or
20permanent loss or impairment of a bodily function, substantial
21disfigurement, or death to $1 million. The bill does not
22amend the current exception to the cap for cases in which the
23defendant’s actions constitute actual malice.
24The bill provides for a 2.1 percent increase in the $250,000
25cap under current law and $1 million cap under the bill
26beginning on January 1, 2028, and each January 1 thereafter.
27The commissioner of insurance is required to publish and update
28the amount of the limitations on damages on the insurance
29division’s internet site annually.
30The bill takes effect upon enactment and applies to causes of
31action accrued on or after that date.
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