US SB197 | 2011-2012 | 112th Congress
Status
Spectrum: Partisan Bill (Republican 9-0)
Status: Introduced on January 26 2011 - 25% progression, died in committee
Action: 2011-01-26 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Pending: Senate Health, Education, Labor, And Pensions Committee
Text: Latest bill text (Introduced) [PDF]
Status: Introduced on January 26 2011 - 25% progression, died in committee
Action: 2011-01-26 - Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Pending: Senate Health, Education, Labor, And Pensions Committee
Text: Latest bill text (Introduced) [PDF]
Summary
Medical Care Access Protection Act of 2011 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Requires a court to impose sanctions for the filing of frivolous lawsuits. Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under federal or state law. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer, and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug, biological product, or medical device for an approved indication. Provides for periodic payments of future damage awards.
Title
MCAP Act
Sponsors
Sen. John Ensign [R-NV] | Sen. Lamar Alexander [R-TN] | Sen. John Barrasso [R-WY] | Sen. Richard Burr [R-NC] |
Sen. John Cornyn [R-TX] | Sen. James Inhofe [R-OK] | Sen. Jeff Sessions [R-AL] | Sen. John Thune [R-SD] |
Sen. David Vitter [R-LA] |
History
Date | Chamber | Action |
---|---|---|
2011-01-26 | Senate | Read twice and referred to the Committee on Health, Education, Labor, and Pensions. |
Same As/Similar To
SB1720 (Related) 2011-10-18 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 203.
HB5652 (Related) 2012-05-15 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 398.
HB5652 (Related) 2012-05-15 - Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 398.
Subjects
Alternative dispute resolution, mediation, arbitration
Civil actions and liability
Drug safety, medical device, and laboratory regulation
Evidence and witnesses
Health care costs and insurance
Health care coverage and access
Health care quality
Health personnel
Health technology, devices, supplies
Law
Legal fees and court costs
Product safety and quality
Civil actions and liability
Drug safety, medical device, and laboratory regulation
Evidence and witnesses
Health care costs and insurance
Health care coverage and access
Health care quality
Health personnel
Health technology, devices, supplies
Law
Legal fees and court costs
Product safety and quality
US Congress State Sources
Type | Source |
---|---|
Summary | https://www.congress.gov/bill/112th-congress/senate-bill/197/all-info |
Text | https://www.congress.gov/112/bills/s197/BILLS-112s197is.pdf |