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House File 161 - ReprintedA Bill ForAn Act 1relating to damage awards against health care providers,
2creating a medical error task force, and including effective
3date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Damage AWARDS Against Health Care Providers
3 Section 1. Section 147.136A, subsection 1, paragraph b,
4Code 2023, is amended to read as follows:
5b. (1) “Noneconomic damages” means damages arising from
6pain, suffering, inconvenience, physical impairment, mental
7anguish, emotional pain and suffering, loss of chance, loss of
8consortium, or any other nonpecuniary damages.
9(2) “Noneconomic damages” does not include the loss of
10dependent care, including the loss of child care, due to the
11death of or severe injury to a spouse or parent who is the
12primary caregiver of a child under the age of eighteen or a
13disabled adult. Such damages shall be considered economic
14damages.
15 Sec. 2. Section 147.136A, subsection 2, Code 2023, is
16amended to read as follows:
172. The Subject to subsection 4, the total amount recoverable
18in any civil action for noneconomic damages for personal injury
19or death, whether in tort, contract, or otherwise, against a
20health care provider shall be limited to two hundred fifty
21thousand dollars for any occurrence resulting in injury or
22death of a patient regardless of the number of plaintiffs,
23derivative claims, theories of liability, or defendants in
24the civil action, shall not exceed two hundred fifty thousand
25dollars unless the jury determines that there is a substantial
26or permanent loss or impairment of a bodily function,
27substantial disfigurement, loss of pregnancy, or death, which
28warrants a finding that imposition of such a limitation would
29deprive the plaintiff of just compensation for the injuries
30sustained, in which case the amount recoverable shall not
31exceed one million dollars, or two million dollars if the civil
32action includes a hospital as defined in section 135B.1.
33 Sec. 3. Section 147.136A, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 4. The limitations on damages contained
-1-1in subsection 2 shall increase by two and one-tenth percent
2on January 1, 2028, and each January 1 thereafter. In any
3civil action described in this section, such limitations on
4damages shall be the amount effective at the time of the
5occurrence. The commissioner of insurance shall publish the
6amount of the limitations on damages contained in this section
7on the insurance division’s internet site and shall update the
8published amount annually.
9 Sec. 4. Section 668A.1, subsection 2, paragraphs a and b,
10Code 2023, are amended to read as follows:
11a. If the answer or finding pursuant to subsection 1,
12paragraph “b”, is affirmative, or if the claim is against any
13physician and surgeon, osteopathic physician and surgeon,
14dentist, podiatric physician, optometrist, pharmacist,
15chiropractor, physician assistant, or nurse, licensed under
16chapter 147, or a hospital licensed under chapter 135B, arising
17out of patient care, then the full amount of the punitive or
18exemplary damages awarded shall be paid to the claimant.
19b. If the answer or finding pursuant to subsection 1,
20paragraph “b”, is negative, and if the claim is not against
21any physician and surgeon, osteopathic physician and surgeon,
22dentist, podiatric physician, optometrist, pharmacist,
23chiropractor, physician assistant, or nurse, licensed under
24chapter 147, or a hospital licensed under chapter 135B, arising
25out of patient care, then after payment of all applicable
26costs and fees, an amount not to exceed twenty-five percent
27of the punitive or exemplary damages awarded may be ordered
28paid to the claimant, with the remainder of the award to be
29ordered paid into a civil reparations trust fund administered
30by the state court administrator. Funds placed in the civil
31reparations trust shall be under the control and supervision of
32the executive council, and shall be disbursed only for purposes
33of indigent civil litigation programs or insurance assistance
34programs.
35 Sec. 5. EFFECTIVE DATE. This division of this Act, being
-2-1deemed of immediate importance, takes effect upon enactment.
2 Sec. 6. APPLICABILITY. This division of this Act applies to
3causes of action accrued on or after the effective date of this
4division of this Act.
5DIVISION II
6medical error task force
7 Sec. 7. MEDICAL ERROR TASK FORCE.
81. The department of health and human services shall
9convene a task force to review medical error rates of licensed
10physicians in this state and shall make recommendations to the
11general assembly and the director of health and human services
12including recommendations that address options for reducing
13medical error rates, improvements in education and training
14to minimize medical errors, and whether applicable penalties
15for medical errors and physician licensure review measures are
16sufficient.
172. a. The task force shall include all of the following
18voting members:
19(1) The director of health and human services, or the
20director’s designee.
21(2) The director of inspections and appeals, or the
22director’s designee.
23(3) The executive director of the board of medicine.
24(4) The ombudsman.
25(5) A representative of the Iowa medical society.
26(6) A representative of the board of regents affiliated with
27the university of Iowa hospitals and clinics.
28(7) The commissioner of insurance, or the commissioner’s
29designee.
30(8) The attorney general, or the attorney general’s
31designee.
32b. The task force shall also include four members of the
33general assembly serving as ex officio, nonvoting members, one
34representative to be appointed by the speaker of the house of
35representatives, one representative to be appointed by the
-3-1minority leader of the house of representatives, one senator to
2be appointed by the president of the senate after consultation
3with the majority leader of the senate, and one senator to be
4appointed by the minority leader of the senate.
5c. The director of health and human services, or the
6director’s designee, may add members to the task force as
7necessary to complete the work of the task force.
83. The department of health and human services shall provide
9administrative support to the task force. The director of
10health and human services, or the director’s designee, shall
11serve as chairperson of the task force, and shall schedule
12meetings of the task force as necessary to complete the work
13of the task force.
144. The task force shall dissolve upon submission of the
15report to the general assembly and the director of health and
16human services, but no later than January 8, 2024.
cm/ns
2creating a medical error task force, and including effective
3date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Damage AWARDS Against Health Care Providers
3 Section 1. Section 147.136A, subsection 1, paragraph b,
4Code 2023, is amended to read as follows:
5b. (1) “Noneconomic damages” means damages arising from
6pain, suffering, inconvenience, physical impairment, mental
7anguish, emotional pain and suffering, loss of chance, loss of
8consortium, or any other nonpecuniary damages.
9(2) “Noneconomic damages” does not include the loss of
10dependent care, including the loss of child care, due to the
11death of or severe injury to a spouse or parent who is the
12primary caregiver of a child under the age of eighteen or a
13disabled adult. Such damages shall be considered economic
14damages.
15 Sec. 2. Section 147.136A, subsection 2, Code 2023, is
16amended to read as follows:
172. The Subject to subsection 4, the total amount recoverable
18in any civil action for noneconomic damages for personal injury
19or death, whether in tort, contract, or otherwise, against a
20health care provider shall be limited to two hundred fifty
21thousand dollars for any occurrence resulting in injury or
22death of a patient regardless of the number of plaintiffs,
23derivative claims, theories of liability, or defendants in
24the civil action, shall not exceed two hundred fifty thousand
25dollars unless the jury determines that there is a substantial
26or permanent loss or impairment of a bodily function,
27substantial disfigurement, loss of pregnancy, or death, which
28warrants a finding that imposition of such a limitation would
29deprive the plaintiff of just compensation for the injuries
30sustained, in which case the amount recoverable shall not
31exceed one million dollars, or two million dollars if the civil
32action includes a hospital as defined in section 135B.1.
33 Sec. 3. Section 147.136A, Code 2023, is amended by adding
34the following new subsection:
35 NEW SUBSECTION. 4. The limitations on damages contained
-1-1in subsection 2 shall increase by two and one-tenth percent
2on January 1, 2028, and each January 1 thereafter. In any
3civil action described in this section, such limitations on
4damages shall be the amount effective at the time of the
5occurrence. The commissioner of insurance shall publish the
6amount of the limitations on damages contained in this section
7on the insurance division’s internet site and shall update the
8published amount annually.
9 Sec. 4. Section 668A.1, subsection 2, paragraphs a and b,
10Code 2023, are amended to read as follows:
11a. If the answer or finding pursuant to subsection 1,
12paragraph “b”, is affirmative, or if the claim is against any
13physician and surgeon, osteopathic physician and surgeon,
14dentist, podiatric physician, optometrist, pharmacist,
15chiropractor, physician assistant, or nurse, licensed under
16chapter 147, or a hospital licensed under chapter 135B, arising
17out of patient care, then the full amount of the punitive or
18exemplary damages awarded shall be paid to the claimant.
19b. If the answer or finding pursuant to subsection 1,
20paragraph “b”, is negative, and if the claim is not against
21any physician and surgeon, osteopathic physician and surgeon,
22dentist, podiatric physician, optometrist, pharmacist,
23chiropractor, physician assistant, or nurse, licensed under
24chapter 147, or a hospital licensed under chapter 135B, arising
25out of patient care, then after payment of all applicable
26costs and fees, an amount not to exceed twenty-five percent
27of the punitive or exemplary damages awarded may be ordered
28paid to the claimant, with the remainder of the award to be
29ordered paid into a civil reparations trust fund administered
30by the state court administrator. Funds placed in the civil
31reparations trust shall be under the control and supervision of
32the executive council, and shall be disbursed only for purposes
33of indigent civil litigation programs or insurance assistance
34programs.
35 Sec. 5. EFFECTIVE DATE. This division of this Act, being
-2-1deemed of immediate importance, takes effect upon enactment.
2 Sec. 6. APPLICABILITY. This division of this Act applies to
3causes of action accrued on or after the effective date of this
4division of this Act.
5DIVISION II
6medical error task force
7 Sec. 7. MEDICAL ERROR TASK FORCE.
81. The department of health and human services shall
9convene a task force to review medical error rates of licensed
10physicians in this state and shall make recommendations to the
11general assembly and the director of health and human services
12including recommendations that address options for reducing
13medical error rates, improvements in education and training
14to minimize medical errors, and whether applicable penalties
15for medical errors and physician licensure review measures are
16sufficient.
172. a. The task force shall include all of the following
18voting members:
19(1) The director of health and human services, or the
20director’s designee.
21(2) The director of inspections and appeals, or the
22director’s designee.
23(3) The executive director of the board of medicine.
24(4) The ombudsman.
25(5) A representative of the Iowa medical society.
26(6) A representative of the board of regents affiliated with
27the university of Iowa hospitals and clinics.
28(7) The commissioner of insurance, or the commissioner’s
29designee.
30(8) The attorney general, or the attorney general’s
31designee.
32b. The task force shall also include four members of the
33general assembly serving as ex officio, nonvoting members, one
34representative to be appointed by the speaker of the house of
35representatives, one representative to be appointed by the
-3-1minority leader of the house of representatives, one senator to
2be appointed by the president of the senate after consultation
3with the majority leader of the senate, and one senator to be
4appointed by the minority leader of the senate.
5c. The director of health and human services, or the
6director’s designee, may add members to the task force as
7necessary to complete the work of the task force.
83. The department of health and human services shall provide
9administrative support to the task force. The director of
10health and human services, or the director’s designee, shall
11serve as chairperson of the task force, and shall schedule
12meetings of the task force as necessary to complete the work
13of the task force.
144. The task force shall dissolve upon submission of the
15report to the general assembly and the director of health and
16human services, but no later than January 8, 2024.
cm/ns