Senate Study Bill 1063 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to noneconomic damage awards against health 1 care providers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1583XC (2) 90 cm/ns
S.F. _____ Section 1. Section 147.136A, subsection 1, paragraph b, 1 Code 2023, is amended to read as follows: 2 b. 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. Noneconomic 6 damages does not include the loss of dependent care, including 7 the loss of child care, due to the death of or severe injury 8 to a spouse or parent who is the primary caregiver of a child 9 under the age of eighteen or a disabled adult, and such damages 10 shall be considered economic damages. 11 Sec. 2. Section 147.136A, subsection 2, Code 2023, is 12 amended to read as follows: 13 2. a. The Subject to paragraph b , the total amount 14 recoverable in any civil action for noneconomic damages 15 for personal injury or death, whether in tort, contract, or 16 otherwise, against a health care provider shall be limited to 17 two hundred fifty thousand dollars for any occurrence resulting 18 in injury or death of a patient regardless of the number of 19 plaintiffs, derivative claims, theories of liability, or 20 defendants in the civil action , unless . 21 b. If the jury determines that there is a substantial or 22 permanent loss or impairment of a bodily function, substantial 23 disfigurement, or death, which warrants a finding that 24 imposition of such a the limitation under paragraph a would 25 deprive the plaintiff of just compensation for the injuries 26 sustained , the total amount recoverable for noneconomic damages 27 under paragraph a shall be limited to one million dollars . 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanations substance by the members of the general assembly. 31 This bill relates to noneconomic damage awards against 32 health care providers. The bill provides that damages for loss 33 of dependent care due to death of or severe injury to a spouse 34 or parent who is the primary caregiver are considered economic 35 -1- LSB 1583XC (2) 90 cm/ns 1/ 2
S.F. _____ damages. 1 The bill limits the amount of noneconomic damages that 2 a jury can award a plaintiff if there is a substantial or 3 permanent loss or impairment of a bodily function, substantial 4 disfigurement, or death to $1 million. The bill does not 5 amend the current exception to the cap for cases in which the 6 defendants actions constitute actual malice. 7 -2- LSB 1583XC (2) 90 cm/ns 2/ 2