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