House File 102 - Introduced HOUSE FILE 102 BY A. MEYER and FRY A BILL FOR An Act relating to noneconomic damage awards against 1 health care providers, and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1101YH (5) 90 cm/ns
H.F. 102 Section 1. Section 147.136A, subsection 1, paragraph b, 1 Code 2023, 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 2023, is 13 amended to read as follows: 14 2. The total amount recoverable in any civil action for 15 noneconomic damages for personal injury or death, whether in 16 tort, contract, or otherwise, against a health care provider 17 shall be limited to two hundred fifty thousand dollars for any 18 occurrence resulting in injury or death of a patient regardless 19 of the number of plaintiffs, derivative claims, theories of 20 liability, or defendants in the civil action, shall not exceed 21 two hundred fifty thousand dollars unless the jury determines 22 that there is a substantial or permanent loss or impairment of 23 a bodily function, substantial disfigurement, 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 . 28 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 29 importance, takes effect upon enactment. 30 Sec. 4. APPLICABILITY. This Act applies to causes of action 31 accrued on or after the effective date of this Act. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanations substance by the members of the general assembly. 35 -1- LSB 1101YH (5) 90 cm/ns 1/ 2
H.F. 102 This bill relates to noneconomic damage awards against 1 health care providers. 2 Current law provides that in a civil action brought against 3 a health care provider, the maximum amount of noneconomic 4 damages that a patient may recover for personal injury or 5 death is $250,000, unless the jury determines that there is 6 a substantial or permanent loss or impairment of a bodily 7 function, substantial disfigurement, or death, which warrants 8 a finding that imposition of such a limitation would deprive 9 the plaintiff of just compensation for the injuries sustained. 10 In such a case, there is no cap on the amount of noneconomic 11 damages that a patient may recover. The bill makes two 12 changes to current law. First, the bill establishes that the 13 definition of nonecomonic damages does not include the loss of 14 dependent care due to the death of or severe injury to a spouse 15 or parent who is the primary caregiver of a child or disabled 16 adult. Instead, such damages are economic damages. Second, 17 the bill provides a $1 million cap on noneconomic damages when 18 the jury finds that there is substantial or permanent loss or 19 impairment of a bodily function, substantial disfigurement, or 20 death which warrants exceeding the $250,000 cap. The bill does 21 not amend the current exception to the cap for cases in which 22 the defendants actions constitute actual malice. 23 The bill takes effect upon enactment and applies to causes of 24 action accrued on or after that date. 25 -2- LSB 1101YH (5) 90 cm/ns 2/ 2