Bill Text: IA SSB3150 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to civil actions, including the total amount recoverable as a noneconomic damages award against a health care provider and evidence offered to prove past medical expenses.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-19 - Committee report approving bill, renumbered as SF 2338. [SSB3150 Detail]
Download: Iowa-2019-SSB3150-Introduced.html
Senate
Study
Bill
3150
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
civil
actions,
including
the
total
amount
1
recoverable
as
a
noneconomic
damages
award
against
a
health
2
care
provider
and
evidence
offered
to
prove
past
medical
3
expenses.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
147.136A,
subsection
2,
Code
2020,
is
1
amended
to
read
as
follows:
2
2.
The
total
amount
recoverable
in
any
civil
action
for
3
noneconomic
damages
for
personal
injury
or
death,
whether
in
4
tort,
contract,
or
otherwise,
against
a
health
care
provider
5
shall
be
limited
to
two
hundred
fifty
thousand
dollars
for
any
6
occurrence
resulting
in
injury
or
death
of
a
patient
regardless
7
of
the
number
of
plaintiffs,
derivative
claims,
theories
of
8
liability,
or
defendants
in
the
civil
action
,
unless
the
jury
9
determines
that
there
is
a
substantial
or
permanent
loss
or
10
impairment
of
a
bodily
function,
substantial
disfigurement,
11
or
death,
which
warrants
a
finding
that
imposition
of
such
a
12
limitation
would
deprive
the
plaintiff
of
just
compensation
for
13
the
injuries
sustained
.
14
Sec.
2.
NEW
SECTION
.
622.4
Medical
expenses.
15
Evidence
offered
to
prove
past
medical
expenses
shall
be
16
limited
to
evidence
of
the
amounts
actually
paid
to
satisfy
17
the
bills
that
have
been
satisfied,
regardless
of
the
source
18
of
payment,
and
evidence
of
the
amounts
actually
necessary
19
to
satisfy
the
bills
that
have
been
incurred
but
not
yet
20
satisfied.
This
section
does
not
impose
upon
any
party
an
21
affirmative
duty
to
seek
a
reduction
in
billed
charges
to
which
22
the
party
is
not
contractually
entitled.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
civil
actions,
including
the
total
27
amount
of
noneconomic
damages
recoverable
in
a
civil
action
for
28
personal
injury
or
death
against
a
health
care
provider
and
29
evidence
offered
to
prove
past
medical
expenses.
30
Current
law
limits
to
$250,000
the
amount
of
noneconomic
31
damages
recoverable
for
any
occurrence
resulting
in
injury
or
32
death
of
a
patient
regardless
of
the
number
of
plaintiffs,
33
derivative
claims,
theories
of
liability,
or
defendants
in
34
the
civil
action,
unless
the
jury
determines
that
there
is
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a
substantial
or
permanent
loss
or
impairment
of
a
bodily
1
function,
substantial
disfigurement,
or
death,
which
warrants
2
a
finding
that
imposition
of
such
a
limitation
would
deprive
3
the
plaintiff
of
just
compensation
for
the
injuries
sustained.
4
Current
law
also
provides
that
the
limitation
on
damages
5
shall
not
apply
as
to
a
defendant
if
the
defendant’s
actions
6
constituted
actual
malice.
7
The
bill
eliminates
the
exception
to
the
limitation
8
of
$250,000
that
would
allow
the
jury
to
determine
if
the
9
imposition
of
such
a
limitation
would
deprive
the
plaintiff
of
10
just
compensation
for
the
injuries
sustained.
11
Under
the
bill,
“noneconomic
damages”
means
damages
arising
12
from
pain,
suffering,
inconvenience,
physical
impairment,
13
mental
anguish,
emotional
pain
and
suffering,
loss
of
chance,
14
loss
of
consortium,
or
any
other
nonpecuniary
damages.
15
The
bill
also
provides
that
evidence
offered
to
prove
past
16
medical
expenses
shall
be
limited
to
evidence
of
the
amounts
17
that
were
actually
paid
to
satisfy
bills
that
have
been
18
satisfied
and
evidence
of
the
amounts
necessary
to
satisfy
19
the
bills
that
have
not
yet
been
satisfied.
The
bill
does
20
not
impose
an
affirmative
duty
to
seek
a
reduction
in
billed
21
charges
to
which
the
party
is
not
contractually
entitled.
22
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