House Study Bill 288 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to civil procedure, including disclosures that 1 may be made to the jury and the availability of certain 2 medical records. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2191YC (3) 91 cm/jh
H.F. _____ Section 1. Section 622.4, Code 2025, is amended to read as 1 follows: 2 622.4 Medical expenses. 3 1. Evidence offered to prove past medical expenses shall 4 be limited to evidence of the amounts actually paid to satisfy 5 the bills that have been satisfied, regardless of the source 6 of payment, and evidence of the amounts actually necessary 7 to satisfy the bills that have been incurred but not yet 8 satisfied. Evidence of the amounts actually necessary to 9 satisfy the bills that have been incurred shall not exceed 10 the amount by which the bills could be satisfied by the 11 claimants health insurance, regardless of whether such health 12 insurance is used or will be used to satisfy the bills. This 13 section does not impose upon any party an affirmative duty to 14 seek a reduction in billed charges to which the party is not 15 contractually entitled. 16 2. If the claimant fails to offer evidence to prove past or 17 future medical expenses, the adverse party may offer evidence 18 of the plaintiffs medical expenses into evidence consistent 19 with subsection 1 and section 668.14A. 20 Sec. 2. Section 622.10, subsection 2, Code 2025, is amended 21 to read as follows: 22 2. The prohibition does not apply to cases where the 23 person in whose favor the prohibition is made waives the 24 rights conferred; nor does the prohibition apply to physicians 25 or surgeons, physician assistants, advanced registered 26 nurse practitioners, mental health professionals, or to 27 the stenographer or confidential clerk of any physicians or 28 surgeons, physician assistants, advanced registered nurse 29 practitioners, or mental health professionals, in a civil 30 action in which the physical or mental condition of the person 31 in whose favor the prohibition is made is an element or factor 32 of the claim or defense of the person or of any party claiming 33 through or under the person. The evidence is admissible 34 upon trial of the action only as it relates to the condition 35 -1- LSB 2191YC (3) 91 cm/jh 1/ 4
H.F. _____ alleged. 1 Sec. 3. Section 622.10, subsection 3, paragraphs a and b, 2 Code 2025, are amended to read as follows: 3 a. In a civil action in which the physical or mental 4 condition of the plaintiff in whose favor the prohibition 5 is made is an element or factor of the claim or defense of 6 the adverse party or of any party claiming through or under 7 the adverse party, the adverse party shall make a written 8 request for records relating to the condition alleged upon 9 the plaintiffs attorney for a legally sufficient patients 10 waiver under federal and state law. Upon receipt of a written 11 request, the plaintiff shall execute a legally sufficient 12 patients waiver and release it to the adverse party making the 13 request within sixty days of receipt of the written request. 14 The patients waiver may require a physician or surgeon, 15 physician assistant, advanced registered nurse practitioner, or 16 mental health professional to do all of the following: 17 (1) Provide a complete copy of the patients records 18 regardless of the date of treatment, including but not limited 19 to any reports or diagnostic imaging relating to the patients 20 physical or mental condition alleged . The plaintiff shall not 21 refuse to allow access to mental health information if the 22 plaintiff claims physical pain and suffering, mental pain and 23 suffering, loss of full mind and body, or emotional distress. 24 (2) Consult with the attorney for the adverse party prior 25 to providing testimony regarding the plaintiffs medical 26 history and the condition alleged and opinions regarding health 27 etiology and prognosis for the condition alleged subject to the 28 limitations in paragraphs c and e . 29 b. If a plaintiff fails to sign a waiver within the 30 prescribed time period, the court may order disclosure or 31 compliance. In disputes concerning requests for a waiver 32 under this section, the plaintiff has the burden of proof to 33 show that the records sought are not reasonably calculated to 34 lead to the discovery of admissible evidence. The failure of 35 -2- LSB 2191YC (3) 91 cm/jh 2/ 4
H.F. _____ a party to comply with the courts order may be grounds for 1 dismissal of the action or any other relief authorized under 2 the rules of civil procedure. 3 Sec. 4. Section 668.14, subsection 1, Code 2025, is amended 4 to read as follows: 5 1. In an action brought pursuant to this chapter seeking 6 damages for personal injury, the court shall permit evidence 7 and argument as to the previous payment or future right of 8 payment of actual economic losses incurred or to be incurred 9 as a result of the personal injury for necessary medical care, 10 rehabilitation services, and custodial care , past lost wages, 11 future loss of earning capacity, workers compensation, and 12 disability benefits except to the extent that the previous 13 payment or future right of payment is pursuant to a state or 14 federal program or from assets of the claimant or the members 15 of the claimants immediate family. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanations substance by the members of the general assembly. 19 This bill relates to civil procedure, including disclosures 20 that may be made to a jury and the availability of certain 21 medical records. 22 The bill allows the adverse party to present evidence of the 23 plaintiffs medical expenses if the plaintiff fails to offer 24 evidence to prove the medical expenses. 25 The bill allows mental and physical condition records held 26 in a professional capacity to be discoverable by the adverse 27 party by written request to the plaintiff. The plaintiff 28 cannot refuse to waive confidentiality of those records if 29 the plaintiff is claiming physical pain and suffering, mental 30 pain and suffering, loss of full body and mind, or emotional 31 distress. The plaintiff has the burden of proof that the 32 information sought is not relevant to the subject matter of the 33 action and reasonably calculated to lead to the discovery of 34 admissible evidence. 35 -3- LSB 2191YC (3) 91 cm/jh 3/ 4
H.F. _____ The bill expands the disclosure available to the jury of 1 actual economic losses as a result from the injury to also 2 include past lost wages, future loss of earning capacity, 3 workers compensation, and disability benefits. 4 -4- LSB 2191YC (3) 91 cm/jh 4/ 4