Utah 2025 Regular Session

Utah House Bill HB0503 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 503
	1	+	03-04 11:52 2nd Sub. (Gray) H.B. 503
	2	+	Katy Hall proposes the following substitute bill:
2	3		1
3	4		Medical Malpractice Modifications
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Katy Hall
7	8		Senate Sponsor: Scott D. Sandall
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses malpractice actions against health care providers.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ with respect to a medical malpractice action:
24	25		10
25	26		● repeals requirements related to affidavits of merit;
26	27		11
27	28		● prohibits prejudicing a defendant in an adjudication of a claimant's claims;
28	29		12
29	30		● prohibits pursuing or collecting on a judgment against a health care provider's personal
30	31		13
31	32		income or assets, with exceptions;
32	33		14
33	34		● grants access to the court's Xchange database to the Division of Professional Licensing
34	35		15
35	36		(division);
36	37		16
37	38		● establishes data collection and reporting requirements for the division;
38	39		17
39		-	● amends procedure pertaining to prelitigation review panels and panel reviews; ~~and~~
	40	+	● amends procedure pertaining to prelitigation review panels and panel reviews;
40	41		18
41	42		● makes a prelitigation review panel's recommendations or findings advisory; and
42	43		19
43	44		▸ makes technical changes.
44	45		20
45	46		Money Appropriated in this Bill:
46	47		21
47	48		None
48	49		22
49	50		Other Special Clauses:
50	51		23
51	52		None
52	53		24
53	54		Utah Code Sections Affected:
54	55		25
55	56		AMENDS:
56	57		26
57	58		78B-3-410, as last amended by Laws of Utah 2010, Chapter 97
58	59		27
59	60		78B-3-416, as last amended by Laws of Utah 2024, Chapter 366
60	61		28
61		-	78B-3-418, as last amended by Laws of Utah 2022, Chapter 212 ~~H.B. 503 Enrolled Copy~~
	62	+	78B-3-418, as last amended by Laws of Utah 2022, Chapter 212
62	63		29
63	64		78B-3-423, as last amended by Laws of Utah 2022, Chapter 212
	65	+	2nd Sub. H.B. 503 2nd Sub. (Gray) H.B. 503 03-04 11:52
64	66		30
65	67		ENACTS:
66	68		31
67	69		78B-3-405.5, Utah Code Annotated 1953
68	70		32
69	71		78B-3-418.5, Utah Code Annotated 1953
70	72		33
71	73		78B-3-423.1, Utah Code Annotated 1953
72	74		34
73	75
74	76		35
75	77		Be it enacted by the Legislature of the state of Utah:
76	78		36
77	79		Section 1. Section 78B-3-405.5 is enacted to read:
78	80		37
79	81		78B-3-405.5 . Economic damages -- Judgments against personal assets.
80	82		38
81	83		(1) This section applies to malpractice actions against health care providers, as defined in
82	84		39
83	85		Section 78B-3-403.
84	86		40
85	87		(2) In a trial, the factfinder or court may not prejudice a defendant by knowing or
86	88		41
87	89		considering evidence of the claimant's alleged losses for past medical expenses or the
88	90		42
89	91		cost of medical equipment before:
90	92		43
91	93		(a) liability for the alleged losses has been established; and
92	94		44
93	95		(b) any claim for or award of noneconomic damages, if any, for the alleged losses has
94	96		45
95	97		been fully adjudicated or entered.
96	98		46
97	99		(3)(a) Subject to Subsection (3)(b):
98	100		47
99	101		(i) the court may add economic damages to an award, if any, under Subsection (2)(b)
100	102		48
101	103		based on amounts that the plaintiff or a third party insurer, whether public or
102	104		49
103	105		private, actually paid for medical expenses related to the injury at issue; and
104	106		50
105	107		(ii) if a plaintiff did not have insurance to pay medical expenses related to the injury
106	108		51
107	109		at issue, the court may award economic damages for amounts the plaintiff actually
108	110		52
109	111		paid or owes for medical care resulting from the loss.
110	112		53
111	113		(b) The court may not calculate an award of economic damages based solely on amounts
112	114		54
113	115		indicated on a medical bill or invoice.
114	116		55
115	117		(4) A plaintiff may not pursue, collect, or execute on a judgment against an individual
116	118		56
117	119		health care provider's personal income or assets, unless the court finds that:
118	120		57
119	121		(a) the provider's conduct was willful and malicious or intentionally fraudulent; or
120	122		58
121	123		(b) the defendant provider failed to maintain an insurance policy with a policy limit of at
122	124		59
123	125		least $1,000,000.
124	126		60
125	127		(5) Prior to any award of damages to a plaintiff, a plaintiff may not make allegations that
126	128		61
127	129		the court finds:
128	130		62
129	131		(a) are irrelevant to the adjudication of the claims at issue;
130		-	- 2 - Enrolled Copy H.B. 503
131	132		63
132	133		(b) are made primarily to coerce or induce settlement in an individual defendant
	134	+	- 2 - 03-04 11:52 2nd Sub. (Gray) H.B. 503
133	135		64
134	136		provider; and
135	137		65
136	138		(c) pertain to a provider's personal income or assets.
137	139		66
138	140		Section 2. Section 78B-3-410 is amended to read:
139	141		67
140	142		78B-3-410 . Limitation of award of noneconomic damages and economic damages
141	143		68
142	144		in malpractice actions.
143	145		69
144	146		(1) [In a malpractice action against a health care provider, an injured plaintiff may recover
145	147		70
146	148		noneconomic losses ] Subject to Subsection (3), an injured plaintiff in a malpractice
147	149		71
148	150		action against a health care provider may only recover noneconomic losses to
149	151		72
150	152		compensate for pain, suffering, and inconvenience. The amount of damages awarded
151	153		73
152	154		for noneconomic loss may not exceed:
153	155		74
154	156		(a) for a cause of action arising before July 1, 2001, $250,000;
155	157		75
156	158		(b) for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the
157	159		76
158	160		limitation is adjusted for inflation to $400,000;
159	161		77
160	162		(c) for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the
161	163		78
162	164		$400,000 limitation described in Subsection (1)(b) shall be adjusted for inflation as
163	165		79
164	166		provided in Subsection (2); and
165	167		80
166	168		(d) for a cause of action arising on or after May 15, 2010, $450,000.
167	169		81
168	170		(2)(a) Beginning July 1, 2002 and each July 1 thereafter until July 1, 2009, the limit for
169	171		82
170	172		damages under Subsection (1)(c) shall be adjusted for inflation by the [state treasurer]
171	173		83
172	174		Administrative Office of the Courts.
173	175		84
174	176		[(b) By July 15 of each year until July 1, 2009, the state treasurer shall:]
175	177		85
176	178		[(i) certify the inflation-adjusted limit calculated under this Subsection (2); and]
177	179		86
178	180		[(ii) inform the Administrative Office of the Courts of the certified limit.]
179	181		87
180	182		[(c)] (b) The amount resulting from Subsection (2)(a) shall:
181	183		88
182	184		(i) be rounded to the nearest $10,000; and
183	185		89
184	186		(ii) apply to a cause of action arising on or after the date the annual adjustment is
185	187		90
186	188		made.
187	189		91
188	190		(3) As used in this section, "inflation" means the seasonally adjusted consumer price index
189	191		92
190	192		for all urban consumers as published by the Bureau of Labor Statistics of the United
191	193		93
192	194		States Department of Labor.
193	195		94
194	196		(4) The limit under Subsection (1) does not apply to awards of punitive damages.
195	197		95
196	198		Section 3. Section 78B-3-416 is amended to read:
197	199		96
198	200		78B-3-416 . Division to provide review panel -- Exemption -- Procedures --
199		-	- 3 - H.B. 503 Enrolled Copy
200	201		97
201	202		Statute of limitations tolled -- Composition of panel -- Expenses -- Division authorized to
	203	+	- 3 - 2nd Sub. (Gray) H.B. 503 03-04 11:52
202	204		98
203	205		set license fees.
204	206		99
205	207		(1)(a) The division shall provide a [hearing panel in alleged medical liability cases
206	208		100
207	209		against health care providers as defined in Section 78B-3-403, ] prelitigation review
208	210		101
209	211		panel to conduct a panel review in accordance with this part, in all malpractice
210	212		102
211	213		actions against a health care provider, except dentists or dental care providers.
212	214		103
213	215		(b)(i) The division shall establish procedures for [prelitigation consideration of
214	216		104
215	217		medical liability claims for damages arising out of the provision of or alleged
216	218		105
217	219		failure to provide health care] panel reviews.
218	220		106
219	221		(ii) The division may establish rules necessary to administer the process and
220	222		107
221	223		procedures related to [prelitigation hearings] a panel review and the conduct of [
222	224		108
223	225		prelitigation hearings] a member of a prelitigation review panel or participant in a
224	226		109
225	227		panel review in accordance with Sections 78B-3-416 through 78B-3-420.
226	228		110
227	229		(c) [The proceedings are] A panel review is informal, nonbinding, and [are ]not subject
228	230		111
229	231		to Title 63G, Chapter 4, Administrative Procedures Act, but [are] is compulsory as a
230	232		112
231	233		condition precedent to commencing litigation.
232	234		113
233	235		(d) [Proceedings ] A panel review that is conducted under authority of this section [are] is
234	236		114
235	237		confidential, privileged, and immune from civil process.
236	238		115
237	239		(e) The division may not provide more than one [hearing panel] review panel for each
238	240		116
239	241		alleged [medical liability case against a health care provider] malpractice action
240	242		117
241	243		against a health care provider.
242	244		118
243	245		(2)(a) The party initiating a [medical liability action] malpractice action against a health
244	246		119
245	247		care provider shall file a request for a prelitigation panel review with the division
246	248		120
247	249		within 60 days after the service of a statutory notice of intent to commence action
248	250		121
249	251		under Section 78B-3-412.
250	252		122
251	253		(b) The request shall include a copy of the notice of intent to commence action[. The
252	254		123
253	255		request shall be mailed to] and the claimant shall mail the request and notice of intent
254	256		124
255	257		to all health care providers named in the notice and request.
256	258		125
257	259		(3)(a) As used in this Subsection (3):
258	260		126
259	261		(i) "Court-appointed therapist" means a mental health therapist ordered by a court to
260	262		127
261	263		provide psychotherapeutic treatment to an individual, a couple, or a family in a
262	264		128
263	265		domestic case.
264	266		129
265	267		(ii) "Domestic case" means a proceeding under:
266	268		130
267	269		(A) [Title 78B, ]Chapter 7, Protective Orders and Stalking Injunctions;
268		-	- 4 - Enrolled Copy H.B. 503
269	270		131
270	271		(B) [Title 78B, ]Chapter 13, Utah Uniform Child Custody Jurisdiction and
	272	+	- 4 - 03-04 11:52 2nd Sub. (Gray) H.B. 503
271	273		132
272	274		Enforcement Act;
273	275		133
274	276		(C) [Title 78B, ]Chapter 15, Utah Uniform Parentage Act;
275	277		134
276	278		(D) Title 81, Chapter 4, Dissolution of Marriage; or
277	279		135
278	280		(E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.
279	281		136
280	282		(iii) "Mental health therapist" means the same as that term is defined in Section
281	283		137
282	284		58-60-102.
283	285		138
284	286		(b) If a court appoints a court-appointed therapist in a domestic case, a party to the
285	287		139
286	288		domestic case may not file a request for a prelitigation panel review for a malpractice
287	289		140
288	290		action against the court-appointed therapist during the pendency of the domestic case,
289	291		141
290	292		unless:
291	293		142
292	294		(i) the party has requested that the court release the court-appointed therapist from the
293	295		143
294	296		appointment; and
295	297		144
296	298		(ii) the court finds good cause to release the court-appointed therapist from the
297	299		145
298	300		appointment.
299	301		146
300	302		(c) If a party is prohibited from filing a request for a [prelitigation ]panel review under
301	303		147
302	304		Subsection (3)(b), the applicable statute of limitations tolls until the earlier of:
303	305		148
304	306		(i) the court releasing the court-appointed therapist from the appointment as
305	307		149
306	308		described in Subsection (3)(b); or
307	309		150
308	310		(ii) the court entering a final order in the domestic case.
309	311		151
310	312		(4)(a) The filing of a request for a prelitigation panel review under this section tolls the
311	313		152
312	314		applicable statute of limitations until the later of:
313	315		153
314	316		(i) 60 days following the division's issuance of:
315	317		154
316	318		(A) an opinion by the [prelitigation ] review panel; or
317	319		155
318	320		(B) a certificate of compliance under Section 78B-3-418; or
319	321		156
320	322		(ii) the expiration of the time for holding a [hearing ] panel review under Subsection
321	323		157
322	324		(4)(b)(ii).
323	325		158
324	326		(b) The division shall:
325	327		159
326	328		(i) send any opinion issued by the panel to all parties by regular mail; and
327	329		160
328	330		(ii) complete a [prelitigation hearing ] panel review under this section within:
329	331		161
330	332		(A) 180 days after the filing of the request for prelitigation panel review; or
331	333		162
332	334		(B) any longer period as agreed upon in writing by all parties to the review.
333	335		163
334	336		[(c) If the prelitigation hearing has not been completed within the time limits established
335	337		164
336	338		in Subsection (4)(b)(ii), the claimant shall:]
337		-	- 5 - H.B. 503 Enrolled Copy
338	339		165
339	340		[(i) file an affidavit of merit under the provisions of Section 78B-3-423; or]
	341	+	- 5 - 2nd Sub. (Gray) H.B. 503 03-04 11:52
340	342		166
341	343		[(ii) file an affidavit with the division within 180 days of the request for pre-litigation
342	344		167
343	345		review, in accordance with Subsection (4)(d), alleging that the respondent has
344	346		168
345	347		failed to reasonably cooperate in scheduling the hearing.]
346	348		169
347	349		(c) If a panel review does not occur within the time limits under Subsection (4)(b)(ii),
348	350		170
349	351		the claimant or respondent may, no later than 180 days after the day on which the
350	352		171
351	353		request for a panel review was filed under Subsection (2), file with the division an
352	354		172
353	355		affidavit alleging with supporting attachments, if any:
354	356		173
355	357		(i) that the claimant or respondent failed to reasonably cooperate in scheduling the
356	358		174
357	359		panel review; or
358	360		175
359	361		(ii) any other reason that the panel review did not occur within the time limits under
360	362		176
361	363		Subsection (4)(b)(ii).
362	364		177
363		-	(d) If the claimant or respondent files an affidavit under Subsection [~~(4)(c)(ii)] (4)(c):~~
	365	+	(d) If the [claimant] claimant or [ ] respondent files an affidavit under Subsection [
364	366		178
	367	+	(4)(c)(ii)] (4)(c):
	368	+	179
365	369		(i) within 15 days of the filing of the affidavit[ under Subsection (4)(c)(ii)], the
366		-	~~179~~
	370	+	180
367	371		division shall [determine whether either the respondent or the claimant failed to
368		-	~~180~~
	372	+	181
369	373		reasonably cooperate in the scheduling of a pre-litigation hearing; and] conclude,
370		-	~~181~~
	374	+	182
371	375		based solely on the affidavit and any supporting attachments, whether the claimant
372		-	~~182~~
	376	+	183
373	377		or respondent failed to reasonably cooperate in the scheduling of the panel review;
374		-	~~183~~
	378	+	184
375	379		and
376		-	~~184~~
	380	+	185
377	381		(ii)(A) if the [determination is] division finds that the [respondent failed to
378		-	~~185~~
	382	+	186
379	383		reasonably cooperate in the scheduling of a hearing, and the ]claimant or
380		-	~~186~~
	384	+	187
381	385		respondent did not fail to reasonably cooperate, the division shall[,] issue a
382		-	~~187~~
	386	+	188
383	387		certificate of compliance for the claimant in accordance with [Section
384		-	~~188~~
	388	+	189
385	389		78B-3-418] Subsection 78B-3-418(3)(b), stating the division's determination
386		-	~~189~~
	390	+	190
387	391		and the facts upon which the determination is based; or
388		-	~~190~~
	392	+	191
389	393		(B) if the division makes a determination other than the determination in
390		-	~~191~~
	394	+	192
391	395		Subsection (4)(d)(ii)(A), [the claimant shall file an affidavit of merit in
392		-	~~192~~
	396	+	193
393	397		accordance with Section 78B-3-423, within 30 days of the determination of the
394		-	~~193~~
	398	+	194
395	399		division under this Subsection (4)] the division shall, subject to Subsection (4)(f),
396		-	~~194~~
	400	+	195
397	401		issue a certificate of compliance for the claimant, in accordance with
398		-	~~195~~
	402	+	196
399	403		Subsection 78B-3-418(3)(b), stating the division's determination and the facts
400		-	~~196~~
	404	+	197
401	405		upon which the determination is based.
402		-	~~197~~
	406	+	198
403	407		(e)(i) The claimant and any respondent may agree by written stipulation [that no
404		-	~~198~~
	408	+	199
405	409		useful purpose would be served by convening a prelitigation panel] to waive the
406		-	- 6 - ~~Enrolled Copy~~ H.B. 503
407		-	~~199~~
	410	+	- 6 - 03-04 11:52 2nd Sub. (Gray) H.B. 503
	411	+	200
408	412		requirement to convene a panel review under this section.
409		-	~~200~~
	413	+	201
410	414		(ii) When the stipulation is filed with the division, the division shall within 10 days
411		-	~~201~~
	415	+	202
412	416		after receipt issue a certificate of compliance under [Section 78B-3-418]
413		-	~~202~~
	417	+	203
414	418		Subsection 78B-3-418(3)(c), as it concerns the stipulating respondent, and stating
415		-	~~203~~
	419	+	204
416	420		that the claimant has [complied with all conditions precedent to the
417		-	~~204~~
	421	+	205
418	422		commencement of litigation regarding the claim] satisfied, by stipulation, the
419		-	~~205~~
	423	+	206
420	424		condition precedent under Subsection (1)(c) to commencing litigation.
421		-	~~206~~
	425	+	207
422	426		(f) The division may not issue a certificate of compliance if the division finds under
423		-	~~207~~
	427	+	208
424	428		Subsection (4)(d)(ii)(B) that the claimant failed to reasonably cooperate in the
425		-	~~208~~
	429	+	209
426	430		scheduling of the panel review.
427		-	~~209~~
	431	+	210
428	432		(5) The division shall provide for and appoint an appropriate panel [or panels to hear] to
429		-	~~210~~
	433	+	211
430	434		consider complaints of medical liability and damages, made by or on behalf of any
431		-	~~211~~
	435	+	212
432	436		patient who is an alleged victim of [medical liability. ] malpractice. The panels are
433		-	~~212~~
	437	+	213
434	438		composed of:
435		-	~~213~~
	439	+	214
436	440		(a) one member who is a resident lawyer currently licensed and in good standing to
437		-	~~214~~
	441	+	215
438	442		practice law in this state and who shall serve as chairman of the panel, who is
439		-	~~215~~
	443	+	216
440	444		appointed by the division from among qualified individuals who have registered with
441		-	~~216~~
	445	+	217
442	446		the division indicating a willingness to serve as panel members, and a willingness to
443		-	~~217~~
	447	+	218
444	448		comply with the rules of professional conduct governing lawyers in the state, and
445		-	~~218~~
	449	+	219
446	450		who has completed division training regarding conduct of [panel hearings] panel
447		-	~~219~~
	451	+	220
448	452		reviews;
449		-	~~220~~
	453	+	221
450	454		(b)(i) one or more members who are licensed health care providers listed under
451		-	~~221~~
	455	+	222
452	456		Section 78B-3-403, who are practicing and knowledgeable in the same specialty
453		-	~~222~~
	457	+	223
454	458		as the proposed [defendant] respondent, and who are appointed by the division in
455		-	~~223~~
	459	+	224
456	460		accordance with Subsection (6); or
457		-	~~224~~
	461	+	225
458	462		(ii) in claims against only a health care facility or the facility's employees, one
459		-	~~225~~
	463	+	226
460	464		member who is an individual currently serving in a health care facility
461		-	~~226~~
	465	+	227
462	466		administration position directly related to health care facility operations or
463		-	~~227~~
	467	+	228
464	468		conduct that includes responsibility for the area of practice that is the subject of
465		-	~~228~~
	469	+	229
466	470		the liability claim, and who is appointed by the division; and
467		-	~~229~~
	471	+	230
468	472		(c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
469		-	~~230~~
	473	+	231
470	474		provider, and who is a responsible citizen of the state, selected and appointed by the
471		-	~~231~~
	475	+	232
472	476		division from among individuals who have completed division training with respect
473		-	~~232~~
	477	+	233
474	478		to panel [hearings] reviews.
475		-	- 7 - H.B. 503 ~~Enrolled Copy~~
476		-	~~233~~
	479	+	- 7 - 2nd Sub. (Gray) H.B. 503 03-04 11:52
	480	+	234
477	481		(6)(a) Each person listed as a health care provider in Section 78B-3-403 and practicing
478		-	~~234~~
	482	+	235
479	483		under a license issued by the state, is obligated as a condition of holding that license
480		-	~~235~~
	484	+	236
481	485		to participate as a member of a [medical liability prelitigation panel] prelitigation
482		-	~~236~~
	486	+	237
483	487		review panel at reasonable times, places, and intervals, upon issuance, with advance
484		-	~~237~~
	488	+	238
485	489		notice given in a reasonable time frame, by the division of an Order to Participate as
486		-	~~238~~
	490	+	239
487	491		a Medical Liability Prelitigation Panel Member.
488		-	~~239~~
	492	+	240
489	493		(b) A licensee may be excused from appearance and participation as a panel member
490		-	~~240~~
	494	+	241
491	495		upon the division finding participation by the licensee will create an unreasonable
492		-	~~241~~
	496	+	242
493	497		burden or hardship upon the licensee.
494		-	~~242~~
	498	+	243
495	499		(c) A licensee [whom] who the division finds failed to appear and participate as a panel
496		-	~~243~~
	500	+	244
497	501		member when so ordered, without adequate explanation or justification and without
498		-	~~244~~
	502	+	245
499	503		being excused for cause by the division, may be assessed an administrative fine not to
500		-	~~245~~
	504	+	246
501	505		exceed $5,000.
502		-	~~246~~
	506	+	247
503	507		(d) A licensee [whom] who the division finds intentionally or repeatedly failed to appear
504		-	~~247~~
	508	+	248
505	509		and participate as a panel member when so ordered, without adequate explanation or
506		-	~~248~~
	510	+	249
507	511		justification and without being excused for cause by the division, may be assessed an
508		-	~~249~~
	512	+	250
509	513		administrative fine not to exceed $5,000, and is guilty of unprofessional conduct.
510		-	~~250~~
	514	+	251
511	515		(e) All fines collected under Subsections (6)(c) and (d) shall be deposited into the
512		-	~~251~~
	516	+	252
513	517		Physicians Education Fund created in Section 58-67a-1.
514		-	~~252~~
	518	+	253
515	519		(f) The director of the division may collect a fine that is not paid by:
516		-	~~253~~
	520	+	254
517	521		(i) referring the matter to a collection agency; or
518		-	~~254~~
	522	+	255
519	523		(ii) bringing an action in the district court of the county where the person against
520		-	~~255~~
	524	+	256
521	525		whom the penalty is imposed resides or in the county where the office of the
522		-	~~256~~
	526	+	257
523	527		director is located.
524		-	~~257~~
	528	+	258
525	529		(g) A county attorney or the attorney general of the state shall provide legal assistance
526		-	~~258~~
	530	+	259
527	531		and advice to the director in an action to collect a fine.
528		-	~~259~~
	532	+	260
529	533		(h) A court shall award reasonable attorney fees and costs to the prevailing party in an
530		-	~~260~~
	534	+	261
531	535		action brought by the division to collect a fine.
532		-	~~261~~
	536	+	262
533	537		(7) Each person selected as a panel member shall certify, under oath, that [he] the member
534		-	~~262~~
	538	+	263
535	539		has no bias or conflict of interest with respect to any matter under consideration.
536		-	~~263~~
	540	+	264
537	541		(8) A member of [the prelitigation hearing] a prelitigation review panel may not receive
538		-	~~264~~
	542	+	265
539	543		compensation or benefits for the member's service, but may receive per diem and travel
540		-	~~265~~
	544	+	266
541	545		expenses in accordance with:
542		-	~~266~~
	546	+	267
543	547		(a) Section 63A-3-106;
544		-	- 8 - ~~Enrolled Copy~~ H.B. 503
545		-	~~267~~
	548	+	- 8 - 03-04 11:52 2nd Sub. (Gray) H.B. 503
	549	+	268
546	550		(b) Section 63A-3-107; and
547		-	~~268~~
	551	+	269
548	552		(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
549		-	~~269~~
	553	+	270
550	554		63A-3-107.
551		-	~~270~~
	555	+	271
552	556		(9)(a) In addition to the actual cost of administering the licensure of health care
553		-	~~271~~
	557	+	272
554	558		providers, the division may set license fees of health care providers within the limits
555		-	~~272~~
	559	+	273
556	560		established by law equal to their proportionate costs of administering prelitigation
557		-	~~273~~
	561	+	274
558	562		panels.
559		-	~~274~~
	563	+	275
560	564		(b) The claimant bears none of the costs of administering the prelitigation panel except
561		-	~~275~~
	565	+	276
562	566		under Section 78B-3-420.
563		-	~~276~~
	567	+	277
564	568		Section 4. Section 78B-3-418 is amended to read:
565		-	~~277~~
	569	+	278
566	570		78B-3-418 . Opinion and recommendations of panel.
567		-	~~278~~
	571	+	279
568	572		(1)(a) The prelitigation review panel shall issue an opinion and the division shall issue a
569		-	~~279~~
	573	+	280
570	574		certificate of compliance with the [pre-litigation hearing] prelitigation requirements of
571		-	~~280~~
	575	+	281
572	576		this part in accordance with this section.
573		-	~~281~~
	577	+	282
574	578		(b) A certificate of compliance issued in accordance with this section is proof that [the
575		-	~~282~~
	579	+	283
576	580		claimant has complied with all conditions precedent under this part prior to the
577		-	~~283~~
	581	+	284
578	582		commencement of litigation as required in Subsection 78B-3-412(1)] the claimant has
579		-	~~284~~
	583	+	285
580	584		met all conditions precedent under this section to commencing litigation.
581		-	~~285~~
	585	+	286
582	586		(2)(a) The panel shall render [its] an opinion in writing not later than 30 days after the [
583		-	~~286~~
	587	+	287
584	588		end of the proceedings] day on which the panel review concludes, and determine on
585		-	~~287~~
	589	+	288
586	590		the basis of the evidence whether:
587		-	~~288~~
	591	+	289
588	592		(i) each claim against each health care provider has merit or has no merit; and
589		-	~~289~~
	593	+	290
590	594		(ii) if a claim is [meritorious, whether ] deemed meritorious under Subsection (2)(a)(i),
591		-	~~290~~
	595	+	291
592	596		the conduct complained of resulted in harm to the claimant.
593		-	~~291~~
	597	+	292
594	598		(b) There is no judicial or other review or appeal of the panel's [decision or
595		-	~~292~~
	599	+	293
596	600		recommendations] opinion under Subsection (2)(a).
597		-	~~293~~
	601	+	294
598	602		(3) The division shall issue a certificate of compliance to the claimant, for each respondent
599		-	~~294~~
	603	+	295
600	604		named in the notice of intent to file a claim under this part, if:
601		-	~~295~~
	605	+	296
602	606		(a) for a named respondent, the panel issues an opinion [of merit ]under [Subsections
603		-	~~296~~
	607	+	297
604	608		(2)(a)(i) and (ii)] Subsection (2)(a);
605		-	~~297~~
	609	+	298
606	610		[(b) for a named respondent, the claimant files an affidavit of merit in accordance with
607		-	~~298~~
	611	+	299
608	612		Section 78B-3-423 if the opinion under Subsection (1)(a) is non-meritorious under
609		-	~~299~~
	613	+	300
610	614		either Subsection (2)(a)(i) or (ii);]
611		-	~~300~~
	615	+	301
612	616		[(c)] (b) the claimant has complied with the provisions of Subsections 78B-3-416(4)(c)
613		-	- 9 - H.B. 503 ~~Enrolled Copy~~
614		-	~~301~~
	617	+	- 9 - 2nd Sub. (Gray) H.B. 503 03-04 11:52
	618	+	302
615	619		and (d); or
616		-	~~302~~
	620	+	303
617	621		[(d)] (c) the parties submitted a stipulation under Subsection 78B-3-416(4)(e).
618		-	~~303~~
	622	+	304
619	623		Section 5. Section 78B-3-418.5 is enacted to read:
620		-	~~304~~
	624	+	305
621	625		78B-3-418.5 . Attorney fees.
622		-	~~305~~
	626	+	306
623	627		(1) The court may award attorney fees and costs to a respondent provider if:
624		-	~~306~~
	628	+	307
625	629		(a)(i) a prelitigation review panel renders an opinion under Subsection
626		-	~~307~~
	630	+	308
627	631		78B-3-418(2)(a) that a claimant's claim or cause of action has no merit; or
628		-	~~308~~
	632	+	309
629	633		(ii) the court finds that the claimant did not receive a certificate of compliance
630		-	~~309~~
	634	+	310
631	635		because the plaintiff failed to reasonably cooperate in the scheduling of the
632		-	310
633		-	prelitigation panel review under Subsection 78B-3-416(4)(f);
634	636		311
	637	+	prelitigation panel review under 78B-3-416(4)(f);
	638	+	312
635	639		(b) the claimant proceeds to litigate the malpractice action against a health care provider
636		-	~~312~~
	640	+	313
637	641		without obtaining an affidavit of merit under Section 78B-3-423; and
638		-	~~313~~
	642	+	314
639	643		(c) the court finds that the claimant did not substantially prevail.
640		-	~~314~~
	644	+	315
641	645		(2) A claimant in a malpractice action against a health care provider, or the claimant's
642		-	~~315~~
	646	+	316
643	647		attorney, is liable to any respondent for the reasonable attorney fees and costs incurred
644		-	~~316~~
	648	+	317
645	649		by the respondent, or by the respondent's insurer, in connection with any filing,
646		-	~~317~~
	650	+	318
647	651		submission, panel review, arbitration, or judicial proceeding under this part for which a
648		-	~~318~~
	652	+	319
649	653		claimant files or submits an affidavit containing an allegation that the court or arbitrator
650		-	~~319~~
	654	+	320
651	655		finds that the claimant knew, or should have known, to be baseless or false at the time
652		-	~~320~~
	656	+	321
653	657		the affidavit was signed, filed, or submitted.
654		-	~~321~~
	658	+	322
655	659		(3) A court, or an arbitrator under Section 78B-3-421, may award reasonable attorney fees
656		-	~~322~~
	660	+	323
657	661		or costs under Subsection (1) only if the respondent files a motion for the attorney fees
658		-	~~323~~
	662	+	324
659	663		or costs no later than 60 days after the day on which the court's or arbitrator's final
660		-	~~324~~
	664	+	325
661	665		decision, judgment, or dismissal of all claims in the action is entered.
662		-	~~325~~
	666	+	326
663	667		Section 6. Section 78B-3-423 is amended to read:
664		-	~~326~~
	668	+	327
665	669		78B-3-423 . Affidavit of merit.
666		-	~~327~~
	670	+	328
667	671		[(1)(a) For a cause of action that arises on or after July 1, 2010, before a claimant may
668		-	~~328~~
	672	+	329
669	673		receive a certificate of compliance under Sections 78B-3-416 and 78B-3-418, a
670		-	~~329~~
	674	+	330
671	675		claimant shall file an affidavit of merit under this section.]
672		-	~~330~~
	676	+	331
673	677		[(b)] (1)(a) [The claimant shall file an affidavit of merit] A claimant who elects to file an
674		-	~~331~~
	678	+	332
675	679		affidavit of merit shall file the affidavit of merit:
676		-	~~332~~
	680	+	333
677	681		(i) within 60 days after the day on which the pre-litigation panel issues an opinion, if
678		-	~~333~~
	682	+	334
679	683		the claimant receives a finding from the pre-litigation panel in accordance with
680		-	~~334~~
	684	+	335
681	685		Section 78B-3-418 of non-meritorious for either:
682		-	- 10 - ~~Enrolled Copy~~ H.B. 503
683		-	~~335~~
	686	+	- 10 - 03-04 11:52 2nd Sub. (Gray) H.B. 503
	687	+	336
684	688		(A) the claim of breach of applicable standard of care; or
685		-	~~336~~
	689	+	337
686	690		(B) that the breach of care was the proximate cause of injury;
687		-	~~337~~
	691	+	338
688	692		(ii) within 60 days after the day on which the time limit in Subsection
689		-	~~338~~
	693	+	339
690	694		78B-3-416(4)(b)(ii) expires, if a pre-litigation hearing is not held within the time
691		-	~~339~~
	695	+	340
692	696		limits under Subsection 78B-3-416(4)(b)(ii); or
693		-	~~340~~
	697	+	341
694	698		(iii) within 30 days after the day on which the division makes a determination under
695		-	~~341~~
	699	+	342
696	700		Subsection 78B-3-416(4)(d)(ii)(B), if the division makes a determination under
697		-	~~342~~
	701	+	343
698	702		Subsection 78B-3-416(4)(d)(ii)(B).
699		-	343
700		-	[(c)] (b) A claimant who [is required] elects to file an affidavit of merit under
701	703		344
702		-	~~Subsection~~ (~~1)(a~~) ~~shall:~~
	704	+	[(c)] (b) A claimant who is [required] elects to file an affidavit of merit under Subsection
703	705		345
	706	+	(1)(a) shall:
	707	+	346
704	708		(i) file the affidavit of merit with the division; and
705		-	~~346~~
	709	+	347
706	710		(ii) serve each defendant with the affidavit of merit in accordance with Subsection
707		-	~~347~~
	711	+	348
708	712		78B-3-412(3).
709		-	348
710		-	(2) A claimant may proceed to litigate and pursue a judicial remedy regardless of whether:
711	713		349
712		-	(a) ~~the~~ claimant ~~has obtained or filed an affidavit~~ of ~~merit under this section;~~
	714	+	(2)(a) A claimant may proceed to litigate and pursue a judicial remedy regardless of
713	715		350
714		-	~~(b) a review panel deemed the claimant's claims to have merit; or~~
	716	+	whether:
715	717		351
716		-	(c) the claimant ~~participated in a review panel.~~
	718	+	(i) the claimant has obtained or filed an affidavit of merit under this section;
717	719		352
	720	+	(ii) a review panel deemed the claimant's claims to have merit; or
	721	+	353
	722	+	(iii) the claimant participated in a review panel.
	723	+	354
718	724		[(2)] (3) The affidavit of merit shall:
719		-	~~353~~
	725	+	355
720	726		(a) be executed by the claimant's attorney or the claimant if the claimant is proceeding
721		-	~~354~~
	727	+	356
722	728		pro se, stating that the affiant has consulted with and reviewed the facts of the case
723		-	~~355~~
	729	+	357
724	730		with a health care provider who has determined after a review of the medical record
725		-	~~356~~
	731	+	358
726	732		and other relevant material involved in the particular action that there is a reasonable
727		-	~~357~~
	733	+	359
728	734		and meritorious cause for the filing of a medical liability action; and
729		-	~~358~~
	735	+	360
730	736		(b) include an affidavit signed by a health care provider who meets the requirements of
731		-	~~359~~
	737	+	361
732	738		Subsection [(4)] (5):
733		-	~~360~~
	739	+	362
734	740		(i) stating that in the health care provider's opinion, there are reasonable grounds to
735		-	~~361~~
	741	+	363
736	742		believe that the applicable standard of care was breached;
737		-	~~362~~
	743	+	364
738	744		(ii) stating that in the health care provider's opinion, the breach was a proximate
739		-	~~363~~
	745	+	365
740	746		cause of the injury claimed in the notice of intent to commence action; and
741		-	~~364~~
	747	+	366
742	748		(iii) stating the reasons for the health care provider's opinion.
743		-	~~365~~
	749	+	367
744	750		[(3)] (4) The statement required in Subsection [(2)(b)(i)] (3)(b)(i) shall be waived if the
745		-	~~366~~
	751	+	368
746	752		claimant received an opinion that there was a breach of the applicable standard of care
747		-	~~367~~
	753	+	369
748	754		under Subsection 78B-3-418(2)(a)(i).
749		-	368
	755	+	- 11 - 2nd Sub. (Gray) H.B. 503 03-04 11:52
	756	+	370
750	757		[(4)] (5) A health care provider who signs an affidavit under Subsection [(2)(b)] (3)(b) shall:
751		-	- 11 - H.B. 503 Enrolled Copy
752		-	369
	758	+	371
753	759		(a) if none of the respondents is a physician or an osteopathic physician, hold a current
754		-	~~370~~
	760	+	372
755	761		unrestricted license issued by the appropriate licensing authority of Utah or another
756		-	~~371~~
	762	+	373
757	763		state in the same specialty or of the same class of license as the respondents; or
758		-	~~372~~
	764	+	374
759	765		(b) if at least one of the respondents is a physician or an osteopathic physician, hold a
760		-	~~373~~
	766	+	375
761	767		current unrestricted license issued by the appropriate licensing authority of Utah or
762		-	~~374~~
	768	+	376
763	769		another state to practice medicine in all its branches.
764		-	~~375~~
	770	+	377
765	771		[(5)] (6) A claimant's attorney or claimant may obtain up to a 60-day extension to file the
766		-	~~376~~
	772	+	378
767	773		affidavit of merit if:
768		-	~~377~~
	774	+	379
769	775		(a) the claimant or the claimant's attorney submits a signed affidavit for extension with
770		-	~~378~~
	776	+	380
771	777		notice to the division attesting to the fact that the claimant is unable to submit an
772		-	~~379~~
	778	+	381
773	779		affidavit of merit as required by this section because:
774		-	~~380~~
	780	+	382
775	781		(i) a statute of limitations would impair the action; and
776		-	~~381~~
	782	+	383
777	783		(ii) the affidavit of merit could not be obtained before the expiration of the statute of
778		-	~~382~~
	784	+	384
779	785		limitations; and
780		-	~~383~~
	786	+	385
781	787		(b) the claimant or claimant's attorney submits the affidavit for extension to each named
782		-	~~384~~
	788	+	386
783	789		respondent in accordance with Subsection 78B-3-412(3) no later than 60 days after
784		-	~~385~~
	790	+	387
785	791		the date specified in Subsection [(1)(b)(i)] (1)(a)(i).
786		-	~~386~~
	792	+	388
787	793		[(6)] (7)(a) A claimant or claimant's attorney who submits allegations in an affidavit of
788		-	~~387~~
	794	+	389
789	795		merit that are found to be without reasonable cause and untrue, based on information
790		-	~~388~~
	796	+	390
791	797		available to the plaintiff at the time the affidavit was submitted to the division, is
792		-	~~389~~
	798	+	391
793	799		liable to the defendant for the payment of reasonable expenses and reasonable
794		-	~~390~~
	800	+	392
795	801		attorney fees actually incurred by the defendant or the defendant's insurer.
796		-	~~391~~
	802	+	393
797	803		(b) An affidavit of merit is not admissible, and cannot be used for any purpose, in a
798		-	~~392~~
	804	+	394
799	805		subsequent lawsuit based on the claim that is the subject of the affidavit, except for
800		-	~~393~~
	806	+	395
801	807		the purpose of establishing the right to recovery under Subsection [(6)(c)] (7)(c).
802		-	~~394~~
	808	+	396
803	809		(c) A court, or arbitrator under Section 78B-3-421, may award costs and attorney fees
804		-	~~395~~
	810	+	397
805	811		under Subsection [(6)(a)] (7)(a) if the defendant files a motion for costs and attorney
806		-	~~396~~
	812	+	398
807	813		fees within 60 days of the judgment or dismissal of the action in favor of the
808		-	~~397~~
	814	+	399
809	815		defendant. The person making a motion for attorney fees and costs may depose and
810		-	~~398~~
	816	+	400
811	817		examine the health care provider who prepared the affidavit of merit under
812		-	~~399~~
	818	+	401
813	819		Subsection [(2)(b)] (3)(b).
814		-	400
815		-	[(7) If a claimant or the claimant's attorney does not file an affidavit of merit as required by
816		-	401
817		-	this section, the division may not issue a certificate of compliance for the claimant and
818	820		402
819		-	the malpractice action shall be dismissed by the court.]
820		-	- 12 - Enrolled Copy H.B. 503
	821	+	[(7)] (8) If a claimant or the claimant's attorney does not file an affidavit of merit as required
821	822		403
822		-	(8) For each request for prelitigation panel review under Subsection [78B-3-416(2)(b)]
	823	+	by this section, the division may not issue a certificate of compliance for the claimant
	824	+	- 12 - 03-04 11:52 2nd Sub. (Gray) H.B. 503
823	825		404
	826	+	and the malpractice action shall be dismissed by the court.
	827	+	405
	828	+	[(8)] (9) For each request for prelitigation panel review under Subsection [78B-3-416(2)(b)]
	829	+	406
824	830		78B-3-416(2), the division shall compile the following information:
825		-	~~405~~
	831	+	407
826	832		(a) whether the cause of action arose on or after July 1, 2010;
827		-	~~406~~
	833	+	408
828	834		(b) the number of respondents named in the request; and
829		-	~~407~~
	835	+	409
830	836		(c) for each respondent named in the request:
831		-	~~408~~
	837	+	410
832	838		(i) the respondent's license class;
833		-	~~409~~
	839	+	411
834	840		(ii) if the respondent has a professional specialty, the respondent's professional
835		-	~~410~~
	841	+	412
836	842		specialty;
837		-	~~411~~
	843	+	413
838	844		(iii) if the division does not issue a certificate of compliance at the conclusion of the
839		-	~~412~~
	845	+	414
840	846		prelitigation process, the reason a certificate was not issued;
841		-	~~413~~
	847	+	415
842	848		(iv) if the division issues a certificate of compliance, the reason the certificate of
843		-	~~414~~
	849	+	416
844	850		compliance was issued;
845		-	~~415~~
	851	+	417
846	852		(v) if an affidavit of merit was filed by the claimant, for each health care provider
847		-	~~416~~
	853	+	418
848	854		who submitted an affidavit under Subsection [(2)(b)] (3)(b):
849		-	~~417~~
	855	+	419
850	856		(A) the health care provider's license class and professional specialty; and
851		-	~~418~~
	857	+	420
852	858		(B) whether the health care provider meets the requirements of Subsection
853		-	~~419~~
	859	+	421
854	860		78B-3-416(5)(b); and
855		-	~~420~~
	861	+	422
856	862		(vi) whether the claimant filed an action in court against the respondent.
857		-	421
858		-	(9) The division may require the following persons to submit the information to the division
859		-	422
860		-	necessary for the division to comply with Subsection (8):
861	863		423
	864	+	[(9)] (10) The division may require the following persons to submit the information to the
	865	+	424
	866	+	division necessary for the division to comply with Subsection [(8)] (9):
	867	+	425
862	868		(a) a claimant;
863		-	~~424~~
	869	+	426
864	870		(b) a respondent;
865		-	~~425~~
	871	+	427
866	872		(c) a health care provider who submits an affidavit under Subsection [(2)(b)] (3)(b); and
867		-	~~426~~
	873	+	428
868	874		(d) a medical liability pre-litigation panel.
869		-	~~427~~
	875	+	429
870	876		Section 7. Section 78B-3-423.1 is enacted to read:
871		-	~~428~~
	877	+	430
872	878		78B-3-423.1 . Division collection of panel review data.
873		-	~~429~~
	879	+	431
874	880		(1) The division shall:
875		-	~~430~~
	881	+	432
876	882		(a) compile a written report summarizing the division's administration of panel reviews,
877		-	~~431~~
	883	+	433
878	884		including at least the information described in Subsection (2);
879		-	~~432~~
	885	+	434
880	886		(b) in compiling the written report under Subsection (1)(a), review information obtained
881		-	~~433~~
	887	+	435
882	888		from the court's Xchange database, made available to the division without cost by the
883		-	~~434~~
	889	+	436
884	890		Administrative Office of the Courts; and
885		-	~~435~~
	891	+	437
886	892		(c) provide the written report under Subsection (1)(a) to the Judiciary Interim Committee
887		-	436
	893	+	- 13 - 2nd Sub. (Gray) H.B. 503 03-04 11:52
	894	+	438
888	895		no later than November 1 of each year.
889		-	- 13 - H.B. 503 Enrolled Copy
890		-	437
	896	+	439
891	897		(2) The report under Subsection (1) shall detail, for the period beginning on the day after
892		-	~~438~~
	898	+	440
893	899		the day through which the last report covered, and ending on the day through which data
894		-	~~439~~
	900	+	441
895	901		is available:
896		-	~~440~~
	902	+	442
897	903		(a) the number of panel reviews the division convened, by respective license class;
898		-	~~441~~
	904	+	443
899	905		(b) the number of cases for which a claimant filed a complaint in court;
900		-	~~442~~
	906	+	444
901	907		(c) the number of cases in which a provider and claimant agreed to forgo a panel review;
902		-	~~443~~
	908	+	445
903	909		(d) the number of cases in which a provider and claimant agreed to use a panel review as
904		-	~~444~~
	910	+	446
905	911		binding arbitration;
906		-	~~445~~
	912	+	447
907	913		(e) for each panel review the division convened, the prelitigation review panel's
908		-	~~446~~
	914	+	448
909	915		determinations regarding merit under Subsection 78B-3-418(2)(a);
910		-	~~447~~
	916	+	449
911	917		(f) the number of cases that were settled after a panel review and:
912		-	~~448~~
	918	+	450
913	919		(i) before a complaint alleging a malpractice action against a health care provider in
914		-	449
915		-	court is filed; and
916		-	450
917		-	(ii) after a complaint alleging a malpractice action against a health care provider in
918	920		451
919	921		court is filed; and
920	922		452
	923	+	(ii) after a complaint alleging a malpractice action against a health care provider in
	924	+	453
	925	+	court is filed; and
	926	+	454
921	927		(g) for cases alleging a malpractice action against a health care provider that were
922		-	~~453~~
	928	+	455
923	929		resolved, including by adjudication or stipulated settlement:
924		-	~~454~~
	930	+	456
925	931		(i) the amount of damages sought as compared to the amount of damages awarded or
926		-	~~455~~
	932	+	457
927	933		otherwise obtained, if known, including by the following categories:
928		-	~~456~~
	934	+	458
929	935		(A) noneconomic;
930		-	~~457~~
	936	+	459
931	937		(B) economic; and
932		-	~~458~~
	938	+	460
933	939		(C) punitive; and
934		-	~~459~~
	940	+	461
935	941		(ii) the number of cases that were dismissed with prejudice and without an award of
936		-	~~460~~
	942	+	462
937	943		damages or any other economic relief to the claimant.
938		-	~~461~~
	944	+	463
939	945		Section 8. Effective Date.
940		-	~~462~~
	946	+	464
941	947		This bill takes effect on May 7, 2025.
942	948		- 14 -