HLS 12RS-653 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 383
BY REPRESENTATIVE LORUSSO
MALPRACTICE: (Constitutional Amendment) Provides with respect to medical
malpractice claims
A JOINT RESOLUTION1
Proposing to add Article XII, Section 17 of the Constitution of Louisiana, to authorize the2
legislature to determine limitations of liability for damages in medical or health care3
liability claims and other claims against health care providers; to provide for4
submission of the proposed amendment to the electors; and to provide for related5
matters.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state of8
Louisiana, for their approval or rejection in the manner provided by law, a proposal to add9
Article XII, Section 17 of the Constitution of Louisiana, to read as follows:10
§17. Medical Malpractice11
Section 17. Medical Malpractice. Notwithstanding any other provision of12
this constitution, the legislature by law may limit or provide for the extent of liability13
of a health care provider in all cases, including the circumstances giving rise to14
liability and kinds and amounts of recoverable damages. This limitation of liability15
shall apply to all claims for damages and losses, however characterized, against a16
provider of medical or health care with respect to treatment, lack of treatment, or17
other claimed departure from an accepted standard of medical or health care,18
however characterized, claimed, or is claimed to be a cause of, or contributes, or is19
claimed to contribute to, disease, injury, or death of an individual. This Article20 HLS 12RS-653 ORIGINAL
HB NO. 383
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applies without regard to whether the claim or cause of action arises under or is1
derived from a statute or other law, including any claim or cause of action based in2
tort, contract, or any other theory or any combination of theories of liability. The3
claim or cause of action includes a medical or health care liability claim as defined4
by the legislature.5
Section 2. Be it further resolved that this proposed amendment, if approved by the6
electors, shall become effective on January 1, 2013, and that this proposed amendment shall7
be applied retroactively to all existing acts of the legislature establishing a limitation of8
liability for all damages incurred in medical or health care claims or against health care9
providers.10
Section 3. Be it further resolved that this proposed amendment shall be submitted11
to the electors of the state of Louisiana at the statewide election to be held on November 6,12
2012.13
Section 4. Be it further resolved that on the official ballot to be used at the election14
there shall be printed a proposition, upon which the electors of the state shall be permitted15
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as16
follows:17
Do you support an amendment to authorize the legislature to determine18
limitations on claims for professional medical liability damages and losses19
against a provider of medical or health care with respect to treatment, lack20
of treatment, or other claimed departure from an accepted standard of21
medical or health care, and to provide for retroactive application to22
legislative acts existing on or after January 1, 2013? (Effective January 1,23
2012) (Adds Article XII, Section 17)24 HLS 12RS-653 ORIGINAL
HB NO. 383
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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)]
Lorusso HB No. 383
Abstract: Authorizes the legislature to determine limitations of liability for damages in
medical or health care liability claims and other claims against health care providers.
Proposed constitutional amendment provides that the legislature by law may limit or provide
for the extent of liability of a health care provider in all cases, and provides that the
limitation of liability shall apply to all damages and losses, however characterized, of a
provider of medical or health care with respect to treatment, lack of treatment, or other
claimed departure from an accepted standard of medical or health care or safety.
Proposed constitutional amendment provides that the claim or cause of action includes a
medical or health care liability claim as defined by the legislature.
Proposed constitutional amendment provides for a special effective date of Jan. 1, 2013, and
provides for retroactive application.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 6, 2012.
(Adds Const. Art. XII, §17)