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Regular Session, 2012
HOUSE BILL NO. 105
BY REPRESENTATIVE EDWARDS
MALPRACTICE/MEDICAL: Provides relative to the medical malpractice cap
AN ACT1
To amend and reenact R.S. 40:1299.39(F)(introductory paragraph), (2), (3), (6), and (7),2
1299.42(B)(1), and 1299.43(D) and to enact R.S. 40:1299.39(F)(13) and (14) and3
1299.42(B)(4) and (5), relative to medical malpractice; to provide for limitations of4
recovery, annual adjustments of the limits of liability, and proper advertising5
pursuant to the Malpractice Liability for State Services Act and the Medical6
Malpractice Act; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1299.39(F)(introductory paragraph), (2), (3), (6), and (7),9
1299.42(B)(1), and 1299.43(D) are hereby amended and reenacted to read as follows: 10
§1299.39. Definitions and general application11
* * *12
F. Notwithstanding any other provision of the law to the contrary, no13
judgment shall be rendered and no settlement or compromise shall be entered into14
for the injury or death of any patient in any action or claim for an alleged act of15
malpractice in excess of five hundred seven hundred fifty thousand dollars plus16
interest and costs, exclusive of future medical care and related benefits and exclusive17 HLS 12RS-197 ORIGINAL
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of economic losses, including loss of earnings, loss of earning capacity, and loss of1
support and services valued in excess of such five hundred seven hundred fifty2
thousand dollars. In claims which may include future medical care and related3
benefits, the following procedures shall apply:4
* * *5
(2) If the total amount of the value of the judgment or settlement or6
compromise is for five hundred seven hundred fifty thousand dollars, plus interest7
and costs, exclusive of the value of future medical care and related benefits and8
economic losses, all future medical care and related benefits shall be paid in9
accordance herewith.10
(3) If the total amount of recovery, excluding interest and costs but including11
the amount of future medical care and related benefits and economic losses does not12
exceed five hundred seven hundred fifty thousand dollars, judgment may be rendered13
for the total amount and paid by the state as provided by Subsection I of this Section.14
* * *15
(6) If the total amount of recovery awarded against the state, excluding16
interest and costs but including the amount of future medical care and related17
benefits and economic losses, exceeds five hundred seven hundred fifty thousand18
dollars, the claimant may make a claim to the office of risk management for all19
future medical care and related benefits.20
(7) Payments for medical care and related benefits shall be paid by the office21
of risk management pursuant to Subsection L of this Section, without regard to the22
five hundred seven hundred fifty thousand dollar limitation imposed in this23
Subsection.24
* * *25
§1299.42. Limitation of recovery 26
* * *27
B.(1) The total amount recoverable for all malpractice claims for injuries to28
or death of a patient, exclusive of future medical care and related benefits as29 HLS 12RS-197 ORIGINAL
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provided in R.S. 40:1299.43, and exclusive of economic losses, including loss of1
earnings, loss of earning capacity, and loss of support and services shall not exceed2
five hundred seven hundred fifty thousand dollars plus interest and cost costs.3
* * *4
§1299.43. Future medical care and related benefits5
* * *6
D. Payments for medical care and related benefits shall be paid by the7
patient's compensation fund without regard to the five hundred seven hundred fifty8
thousand dollar limitation imposed in R.S. 40:1299.42.9
* * *10
Section 2. R.S. 40:1299.39(F)(13) and (14) and 1299.42(B)(4) and (5) are hereby11
enacted to read as follows: 12
§1299.39. Definitions and general application13
* * *14
F.15
* * *16
(13)(a) The limitations of this Subsection shall be adjusted annually based17
upon the United States Consumer Price Index, but no adjustment shall be increased18
or decreased by more than four percent. This provision shall become effective on19
January 1, 2014, and be adjusted on January first of every subsequent year. This20
adjustment shall be carried out in the following manner:21
(b) On October first of each year, the commissioner of financial institutions22
shall determine the percentage increase or decrease in the Consumer Price Index-U23
for the previous twelve-month period. The limits of liability as provided in this24
Subsection shall be increased or decreased, as applicable, by a percentage equal to25
the percentage change in the Consumer Price Index-U during the preceding twelve-26
month period. The limit of liability for the calendar year following the calculation27
date shall be published in the December issue of the Louisiana Bar Journal, the28
December issue of the Louisiana Register, and in one daily newspaper of general29 HLS 12RS-197 ORIGINAL
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circulation in each of the cities of Alexandria, Baton Rouge, Lake Charles, Lafayette,1
Monroe, New Orleans, and Shreveport. The notice in the daily newspapers shall be2
published on two separate occasions, with at least one week between publications,3
during the month of December. The publication in the Louisiana Register shall not4
be considered rulemaking, within the intent of the Administrative Procedure Act,5
R.S. 49:950 et seq., and particularly R.S. 49:953.6
(14) The limitation of recovery provided in this Section shall be governed7
by the limitation in effect on the date a medical review panel is requested in8
accordance with R.S. 40:1299.39.1(A)(2)(b).9
* * *10
§1299.42. Limitation of recovery11
* * *12
B.13
* * *14
(4)(a) The limitations of Paragraphs (1) and (2) of this Subsection shall be15
adjusted annually based upon the United States Consumer Price Index, but no16
adjustment shall be increased or decreased by more than four percent. This provision17
shall become effective on January 1, 2014, and be adjusted on January first of every18
subsequent year. This adjustment shall be carried out in the following manner:19
(b) On October first of each year, the commissioner of financial institutions20
shall determine the percentage increase or decrease in the Consumer Price Index-U21
for the previous twelve-month period. The limits of liability as provided in22
Paragraphs (1) and (2) of this Subsection shall be increased or decreased, as23
applicable, by a percentage equal to the percentage change in the Consumer Price24
Index-U during the preceding twelve-month period. The limit of liability for the25
calendar year following the calculation date shall be published in the December issue26
of the Louisiana Bar Journal, the December issue of the Louisiana Register, and in27
one daily newspaper of general circulation in each of the cities of Alexandria, Baton28
Rouge, Lake Charles, Lafayette, Monroe, New Orleans, and Shreveport. The notice29 HLS 12RS-197 ORIGINAL
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in the daily newspapers shall be published on two separate occasions, with at least1
one week between publications, during the month of December. The publication in2
the Louisiana Register shall not be considered rulemaking, within the intent of the3
Administrative Procedure Act, R.S. 49:950 et seq., and particularly R.S. 49:953.4
(5) The limitation of recovery provided in this Section shall be governed by5
the limitation in effect on the date a medical review panel is requested in accordance6
with R.S. 40:1299.47(A)(2)(b).7
Section 3. The provisions of Section 1 of this Act shall become effective January 1,8
2013.9
Section 4. The provisions of Section 2 of this Act shall become effective January 1,10
2014.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Edwards HB No. 105
Abstract: Increases the medical malpractice cap to $750,000, exclusive of economic losses,
loss of earnings, and loss of earning capacity and provides that the cap shall be
adjusted annually.
Relative to the Medical Malpractice Liability for State Services Act and the Medical
Malpractice Act:
Present law provides that the total amount of recovery for the injury to or death of a patient
of qualified providers shall not exceed $500,000 plus interest and costs, exclusive of the
costs of future medical care.
Proposed law increases the amount of recovery from $500,000 to $750,000 and also makes
it exclusive of economic losses, including loss of earnings and loss of earning capacity,
effective Jan. 1, 2013.
Proposed law provides that the percentage of the increase or decrease shall be determined
in Oct. of each year and shall change to the new percentage Jan. 1 of each year, beginning
on Jan. 1, 2014.
Proposed law provides that the change in percentage shall be determined by the change in
the CPI-U in the previous 12 months, effective Jan. 1, 2014.
Proposed law provides that these changes in limits of liability are effective Jan. 1, 2014, for
the calendar year following the calculation shall be published in the Dec. issues of the
Louisiana Bar Journal and the Louisiana Register, and shall be published on two separate
occasions, at least a week apart, during the month of Dec. in one daily newspaper of general HLS 12RS-197 ORIGINAL
HB NO. 105
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circulation in each of the following cities: Alexandria, Baton Rouge, Lake Charles,
Lafayette, Monroe, New Orleans, and Shreveport.
(Amends R.S. 40:1299.39(F)(intro. para.) (2), (3), (6), and (7), 1299.42(B)(1), and
1299.43(D); Adds R.S. 40:1299.39(F)(13) and (14) and 1299.42(B)(4) and (5))