Read the full stored bill text
House
File
2040
-
Introduced
HOUSE
FILE
2040
BY
KRESSIG
A
BILL
FOR
An
Act
relating
to
damage
awards
against
health
care
providers,
1
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5139YH
(2)
91
lh/jh
H.F.
2040
Section
1.
Section
147.136A,
subsection
1,
paragraph
b,
1
Code
2026,
is
amended
to
read
as
follows:
2
b.
(1)
“Noneconomic
damages”
means
damages
arising
from
3
pain,
suffering,
inconvenience,
physical
impairment,
mental
4
anguish,
emotional
pain
and
suffering,
loss
of
chance,
loss
of
5
consortium,
or
any
other
nonpecuniary
damages.
6
(2)
“Noneconomic
damages”
does
not
include
the
loss
of
7
dependent
care,
including
the
loss
of
child
care,
due
to
the
8
death
of
or
severe
injury
to
a
spouse
or
parent
who
is
the
9
primary
caregiver
of
a
child
under
the
age
of
eighteen
or
a
10
disabled
adult.
Such
damages
shall
be
considered
economic
11
damages.
12
Sec.
2.
Section
147.136A,
subsection
2,
Code
2026,
is
13
amended
to
read
as
follows:
14
2.
Subject
to
subsection
4
,
the
The
total
amount
recoverable
15
in
any
civil
action
for
noneconomic
damages
for
personal
injury
16
or
death,
whether
in
tort,
contract,
or
otherwise,
against
a
17
health
care
provider
for
any
occurrence
resulting
in
injury
18
or
death
of
a
patient
regardless
of
the
number
of
plaintiffs,
19
derivative
claims,
theories
of
liability,
or
defendants
in
20
the
civil
action,
shall
not
exceed
two
hundred
fifty
thousand
21
dollars
unless
the
jury
determines
that
there
is
a
substantial
22
or
permanent
loss
or
impairment
of
a
bodily
function,
23
substantial
disfigurement,
loss
of
pregnancy,
or
death,
which
24
warrants
a
finding
that
imposition
of
such
a
limitation
would
25
deprive
the
plaintiff
of
just
compensation
for
the
injuries
26
sustained
,
in
which
case
the
amount
recoverable
shall
not
27
exceed
one
million
dollars,
or
two
million
dollars
if
the
civil
28
action
includes
a
hospital
as
defined
in
section
135B.1
.
29
Sec.
3.
Section
147.136A,
subsection
4,
Code
2026,
is
30
amended
by
striking
the
subsection.
31
Sec.
4.
Section
668A.1,
subsection
2,
paragraphs
a
and
b,
32
Code
2026,
are
amended
to
read
as
follows:
33
a.
If
the
answer
or
finding
pursuant
to
subsection
1
,
34
paragraph
“b”
,
is
affirmative,
or
if
the
claim
is
against
any
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physician
and
surgeon,
osteopathic
physician
and
surgeon,
1
dentist,
podiatric
physician,
optometrist,
pharmacist,
2
chiropractor,
physician
assistant,
or
nurse,
licensed
under
3
chapter
147
,
or
a
hospital
licensed
under
chapter
135B
,
arising
4
out
of
patient
care,
or
if
the
claim
is
part
of
a
civil
action
5
involving
the
operation
of
a
commercial
motor
vehicle,
then
the
6
full
amount
of
the
punitive
or
exemplary
damages
awarded
shall
7
be
paid
to
the
claimant.
8
b.
If
the
answer
or
finding
pursuant
to
subsection
1
,
9
paragraph
“b”
,
is
negative,
and
if
the
claim
is
not
against
10
any
physician
and
surgeon,
osteopathic
physician
and
surgeon,
11
dentist,
podiatric
physician,
optometrist,
pharmacist,
12
chiropractor,
physician
assistant,
or
nurse,
licensed
under
13
chapter
147
,
or
a
hospital
licensed
under
chapter
135B
,
14
arising
out
of
patient
care,
and
if
the
claim
is
not
part
of
15
a
civil
action
involving
the
operation
of
a
commercial
motor
16
vehicle,
then
after
payment
of
all
applicable
costs
and
fees,
17
an
amount
not
to
exceed
twenty-five
percent
of
the
punitive
or
18
exemplary
damages
awarded
may
be
ordered
paid
to
the
claimant,
19
with
the
remainder
of
the
award
to
be
ordered
paid
into
a
20
civil
reparations
trust
fund
administered
by
the
state
court
21
administrator.
Funds
placed
in
the
civil
reparations
trust
22
shall
be
under
the
control
and
supervision
of
the
executive
23
council,
and
shall
be
disbursed
only
for
purposes
of
indigent
24
civil
litigation
programs
or
insurance
assistance
programs.
25
Sec.
5.
APPLICABILITY.
This
Act
applies
to
causes
of
action
26
accrued
on
or
after
the
effective
date
of
this
Act.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
damage
awards
against
health
care
31
providers.
32
Current
law
does
not
include
the
loss
of
dependent
or
child
33
care
due
to
the
death
or
severe
injury
to
a
spouse
or
parent
34
who
is
the
primary
caregiver
as
noneconomic
damages
when
35
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5139YH
(2)
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lh/jh
2/
4
H.F.
2040
determining
damage
awards
against
a
health
care
provider.
The
1
bill
strikes
this
limitation
on
noneconomic
damages.
2
Current
law
provides
a
limit
of
$250,000
that
may
be
3
recovered
in
any
civil
action
for
noneconomic
damages
for
4
personal
injury
or
death
against
a
health
care
provider
unless
5
there
is
a
substantial
or
permanent
loss
or
impairment
of
a
6
bodily
function,
substantial
disfigurement,
loss
of
pregnancy,
7
or
death.
The
bill
removes
loss
of
pregnancy
as
an
exception
8
to
this
noneconomic
damage
limit.
9
Current
law
limits
the
amount
of
noneconomic
damages
that
10
a
jury
can
award
a
plaintiff
if
there
is
a
substantial
or
11
permanent
loss
or
impairment
of
a
bodily
function,
substantial
12
disfigurement,
loss
of
pregnancy,
or
death
to
$1
million,
or
13
$2
million
if
the
civil
action
includes
a
hospital.
The
bill
14
strikes
this
limitation
on
the
amount
of
noneconomic
damages
15
a
jury
can
award
a
plaintiff.
16
The
bill
strikes
the
2.1
percent
increase
to
the
$250,000,
$1
17
million,
and
$2
million
caps
under
current
law.
18
The
bill
strikes
the
requirement
that
an
award
for
punitive
19
or
exemplary
damages
shall
be
paid
to
the
claimant
if
the
claim
20
is
against
any
physician
and
surgeon,
osteopathic
physician
and
21
surgeon,
dentist,
podiatric
physician,
optometrist,
pharmacist,
22
chiropractor,
physician
assistant,
nurse,
or
a
hospital,
23
arising
out
of
patient
care.
24
Current
law
provides
that
if
a
jury
or
court
finds
that
25
the
conduct
of
the
defendant
was
not
directed
specifically
at
26
the
claimant,
or
the
person
from
which
the
claimant’s
claim
27
is
derived,
and
if
the
claim
is
not
against
any
physician
and
28
surgeon,
osteopathic
physician
and
surgeon,
dentist,
podiatric
29
physician,
optometrist,
pharmacist,
chiropractor,
physician
30
assistant,
nurse,
or
a
hospital
licensed,
arising
out
of
31
patient
care,
and
if
the
claim
is
not
part
of
a
civil
action
32
involving
the
operation
of
a
commercial
motor
vehicle,
then
no
33
more
than
25
percent
of
the
punitive
or
exemplary
damages
shall
34
be
paid
to
the
claimant.
The
bill
strikes
the
requirement
that
35
-3-
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5139YH
(2)
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3/
4
H.F.
2040
the
claim
not
be
against
any
physician
and
surgeon,
osteopathic
1
physician
and
surgeon,
dentist,
podiatric
physician,
2
optometrist,
pharmacist,
chiropractor,
physician
assistant,
3
nurse,
or
a
hospital
licensed,
arising
out
of
patient
care.
4
The
bill
applies
to
causes
of
action
accrued
on
or
after
July
5
1,
2026.
6
-4-
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5139YH
(2)
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lh/jh
4/
4