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Senate
File
84
-
Introduced
SENATE
FILE
84
BY
DONAHUE
A
BILL
FOR
An
Act
relating
to
noneconomic,
punitive,
and
exemplary
damage
1
awards
against
health
care
providers
and
hospitals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
147.136A,
subsection
1,
paragraph
b,
1
Code
2025,
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
2025,
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
shall
be
limited
to
two
hundred
fifty
18
thousand
dollars
for
any
occurrence
resulting
in
injury
or
19
death
of
a
patient
regardless
of
the
number
of
plaintiffs,
20
derivative
claims,
theories
of
liability,
or
defendants
in
21
the
civil
action,
shall
not
exceed
two
hundred
fifty
thousand
22
dollars
unless
the
jury
determines
that
there
is
a
substantial
23
or
permanent
loss
or
impairment
of
a
bodily
function,
24
substantial
disfigurement,
loss
of
pregnancy,
or
death,
which
25
warrants
a
finding
that
imposition
of
such
a
limitation
would
26
deprive
the
plaintiff
of
just
compensation
for
the
injuries
27
sustained
,
in
which
case
the
amount
recoverable
shall
not
28
exceed
one
million
dollars,
or
two
million
dollars
if
the
civil
29
action
includes
a
hospital
as
defined
in
section
135B.1
.
30
Sec.
3.
Section
147.136A,
subsection
4,
Code
2025,
is
31
amended
by
striking
the
subsection.
32
Sec.
4.
Section
668A.1,
subsection
2,
paragraphs
a
and
b,
33
Code
2025,
are
amended
to
read
as
follows:
34
a.
If
the
answer
or
finding
pursuant
to
subsection
1
,
35
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paragraph
“b”
,
is
affirmative,
or
if
the
claim
is
against
any
1
physician
and
surgeon,
osteopathic
physician
and
surgeon,
2
dentist,
podiatric
physician,
optometrist,
pharmacist,
3
chiropractor,
physician
assistant,
or
nurse,
licensed
under
4
chapter
147
,
or
a
hospital
licensed
under
chapter
135B
,
arising
5
out
of
patient
care,
or
if
the
claim
is
part
of
a
civil
action
6
involving
the
operation
of
a
commercial
motor
vehicle,
then
the
7
full
amount
of
the
punitive
or
exemplary
damages
awarded
shall
8
be
paid
to
the
claimant.
9
b.
If
the
answer
or
finding
pursuant
to
subsection
1
,
10
paragraph
“b”
,
is
negative,
and
if
the
claim
is
not
against
11
any
physician
and
surgeon,
osteopathic
physician
and
surgeon,
12
dentist,
podiatric
physician,
optometrist,
pharmacist,
13
chiropractor,
physician
assistant,
or
nurse,
licensed
under
14
chapter
147
,
or
a
hospital
licensed
under
chapter
135B
,
15
arising
out
of
patient
care,
and
if
the
claim
is
not
part
of
16
a
civil
action
involving
the
operation
of
a
commercial
motor
17
vehicle,
then
after
payment
of
all
applicable
costs
and
fees,
18
an
amount
not
to
exceed
twenty-five
percent
of
the
punitive
or
19
exemplary
damages
awarded
may
be
ordered
paid
to
the
claimant,
20
with
the
remainder
of
the
award
to
be
ordered
paid
into
a
21
civil
reparations
trust
fund
administered
by
the
state
court
22
administrator.
Funds
placed
in
the
civil
reparations
trust
23
shall
be
under
the
control
and
supervision
of
the
executive
24
council,
and
shall
be
disbursed
only
for
purposes
of
indigent
25
civil
litigation
programs
or
insurance
assistance
programs.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
noneconomic,
punitive,
and
exemplary
30
damage
awards
against
health
care
providers.
Under
current
31
law,
the
damages
for
loss
of
dependent
care
due
to
death
of
32
or
severe
injury
to
a
spouse
or
parent
who
is
the
primary
33
caregiver
are
considered
economic
damages.
The
bill
repeals
34
this
provision
and
provides
that
economic
damages
do
not
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include
loss
of
dependent
care.
1
Current
law
limits
the
amount
of
noneconomic
damages
2
that
a
jury
can
award
a
plaintiff
to
$250,000,
but
provides
3
an
exception
for
cases
where
a
jury
finds
that
there
is
4
a
substantial
or
permanent
loss
or
impairment
of
a
bodily
5
function,
substantial
disfigurement,
loss
of
pregnancy,
or
6
death
in
which
case
the
limit
is
increased
to
$1
million,
or
$2
7
million
if
the
action
includes
a
hospital.
The
bill
provides
8
that
if
the
exception
to
the
$250,000
cap
applies,
there
is
no
9
limit
to
the
amount
of
noneconomic
damages
that
may
be
awarded,
10
and
removes
loss
of
pregnancy
as
a
qualifying
exception.
11
Current
law
provides
for
a
2.1
percent
annual
increase
in
the
12
damages
cap.
The
bill
repeals
this
provision.
13
Under
current
law,
punitive
or
exemplary
damages
may
be
14
awarded
if,
by
a
preponderance
of
clear,
convincing,
and
15
satisfactory
evidence,
the
conduct
of
the
defendant
from
which
16
the
claim
arose
constituted
willful
and
wanton
disregard
for
17
the
rights
or
safety
of
another.
In
cases
involving
a
medical
18
provider
or
hospital
and
arising
out
of
medical
care,
the
full
19
amount
of
the
award
of
punitive
or
exemplary
damages
shall
be
20
paid
to
the
claimant.
Under
the
bill,
in
cases
involving
a
21
medical
provider
or
hospital
and
arising
out
of
medical
care,
22
the
amount
of
punitive
and
exemplary
damages
paid
to
a
claimant
23
shall
not
exceed
25
percent,
with
the
remainder
awarded
to
24
the
civil
reparations
trust
fund,
unless
the
conduct
of
the
25
defendant
was
directed
specifically
at
the
claimant,
or
at
the
26
person
from
which
the
claimant’s
claim
is
derived.
Funds
in
27
the
civil
reparations
trust
are
used
for
purposes
of
indigent
28
civil
litigation
programs
or
insurance
assistance
programs.
29
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