Relating to noneconomic damage awards against health care providers, and including effective date and applicability provisions

Where it is now

1. ✓
   Done: IntroducedJanuary 24, 2023
2. ✓
   Done: SubcommitteeJanuary 24, 2023
3. ✓
   Done: House committeeJanuary 30, 2023
4. –
   Skipped: Passes the HouseContinued as HF 161
5. Next: Senate committee
6. Next: Passes the Senate
7. Next: To the Governor
8. Next: Signed into law

Became HF 161 → Its progress continues under the new number. Go to HF 161 What’s a funnel?

Amendments · 19

5 adopted · 7 failed · 1 never voted on. Newest first.

• S-3021 · filed February 8, 2023 by Sen. Zach Wahls (D), Sen. Nate Boulton (D), Sen. William A. Dotzler Jr. (D), Sen. Molly Donahue (D) and 8 more

  AI summary This amendment adds a rule that insurance companies must negotiate in good faith when settling medical malpractice claims. If an insurer refuses a settlement offer within the policy limits and the final judgment exceeds those limits, the insurer becomes responsible for the full amount of the judgment. It also allows policyholders to sue their insurance company for failing to negotiate a settlement within the policy limits. Its wording →
  Failed
  February 8, 2023
• S-3020 · filed February 8, 2023 by Sen. Nate Boulton (D), Sen. Izaah Knox (D), Sen. William A. Dotzler Jr. (D), Sen. Molly Donahue (D) and 8 more

  AI summary This amendment expands the list of specific situations that qualify for the damage limits to include permanent loss of bodily function, substantial disfigurement, loss of pregnancy, death, or loss caused by gross negligence. Its wording →
  Failed
  February 8, 2023
• S-3019 · filed February 8, 2023 by Sen. Nate Boulton (D), Sen. William A. Dotzler Jr. (D), Sen. Molly Donahue (D), Sen. Todd E. Taylor (D) and 8 more

  AI summary This amendment adds a rule that prevents medical malpractice insurance companies from raising premiums for healthcare providers until January 1, 2028. After that date, insurance companies can only increase premiums by up to 2.1 percent each year, and the commissioner of insurance must approve any proposed increases. Its wording →
  Failed
  February 8, 2023
• S-3018 · filed February 8, 2023 by Sen. Mark S. Lofgren (R)

  AI summary This amendment makes minor wording changes by changing the word limitations to the singular limitation in several places and adding the word sustained. Its wording →
  Failed
  February 8, 2023
• S-3017 · filed February 8, 2023 by Sen. Mark S. Lofgren (R)

  AI summary This amendment adds a rule that the limits on money awarded for pain and suffering will not apply to cases involving gross negligence that results in death or disfigurement. Its wording →
  Failed
  February 8, 2023
• S-3016 · filed February 8, 2023 by Sen. Mark S. Lofgren (R)

  AI summary This amendment expands the bill to include all health-related professions and requires that a patient's consent be provided in writing. It also adds a rule that a physician must inform a patient about their experience with a procedure, including how many times they have performed it, the protocols being used, and their educational background. Its wording →
  Failed
  February 8, 2023
• S-3015Strike everything · filed February 8, 2023 by Sen. Jason Schultz (R)

  AI summary This amendment replaces the entire bill with a new version. The new version sets limits on noneconomic damages against healthcare providers, increases those limits if a jury finds certain severe injuries occurred, and creates a medical error task force to review physician error rates. Its wording →
  Adopted
  February 8, 2023
• H-1017Strike everything · filed February 8, 2023 by

  AI summary This amendment replaces the entire bill with a new version that sets the limit for noneconomic damages at five million dollars. It also removes the rule that allows a jury to bypass the limit if they find the cap would deprive a person of just compensation. Its wording →
  Adopted
  February 8, 2023
• S-3014 · filed February 7, 2023 by Sen. Mark S. Lofgren (R)

  AI summary This amendment expands the bill to include all health-related professions and requires patient consent to be in writing. It also adds a rule that a physician must inform a patient of their experience level, the number of times they have performed a specific procedure, the protocols being used, and their educational background. Its wording →
  Ruled out of order
  February 8, 2023
• H-1015Strike everything · filed February 7, 2023 by

  AI summary This amendment replaces the entire bill. The new version sets the limit for noneconomic damages at $250,000, which can increase to $1 million for certain severe injuries or $2 million if a hospital is involved. Its wording →
  Adopted
  February 8, 2023
• H-1014Strike everything · filed February 7, 2023 by

  AI summary This amendment replaces the entire bill with a new version that sets a $250,000 limit on noneconomic damages, which can increase to $1 million if a jury finds the limit would deprive a person of just compensation. It also establishes that these limits will increase by 2.1% annually starting in 2028 and outlines how punitive damages are paid out. Its wording →
  Adopted
  53–45
  February 8, 2023
• H-1013Strike everything · filed February 7, 2023 by

  AI summary This amendment replaces the entire bill with a new version that sets a $250,000 limit on noneconomic damages unless a jury or judge finds the injury warrants up to $5 million. It also creates rules regarding insurance companies refusing to pay settlement demands within policy limits and limits how much insurance companies can increase medical malpractice premiums. Its wording →
  Adopted
  February 8, 2023
• H-1007Strike everything · filed February 2, 2023 by

  AI summary This amendment replaces the entire bill and changes the limit on noneconomic damages from $1 million to $5 million. It also adds rules that prevent medical malpractice insurance premiums from increasing until 2028 and limits any future annual premium increases to 2.1 percent. Its wording →
  Ruled not germane
  February 8, 2023
• S-3006 · filed February 1, 2023 by Sen. Mark S. Lofgren (R)

  AI summary This amendment adds a rule that the limits on money awarded for pain and suffering will not apply to cases involving death, disfigurement, or proven gross negligence. Its wording →
  Ruled out of order
  February 8, 2023
• H-1004Strike everything · filed February 1, 2023 by

  AI summary This amendment replaces the entire bill with a new version that sets the limit for noneconomic damages at fifteen million dollars. It also removes the rule that allows a jury to bypass this limit if they find the cap would deprive a person of just compensation. Its wording →
  Never voted on
• H-1003Strike everything · filed January 31, 2023 by

  AI summary This amendment replaces the entire bill with a new version that defines what counts as noneconomic damages and clarifies that certain losses related to childcare are considered economic damages. It also updates the legal definitions for death, person, and unborn child to ensure lawsuits can continue after a death. Its wording →
  Withdrawn
  February 8, 2023
• S-3005 · filed January 30, 2023 by Sen. Mark S. Lofgren (R), Sen. Kevin Alons (R), Sen. Jeff Taylor (R), Sen. Sandy Salmon (R)

  AI summary This amendment adds a requirement for the department of health and human services to create a task force to study medical error rates and suggest ways to reduce them. The task force would include various state officials and representatives and must submit a report by January 8, 2024. Its wording →
  Ruled out of order
  February 8, 2023
• S-3004 · filed January 30, 2023 by Sen. Mark S. Lofgren (R), Sen. Kevin Alons (R), Sen. Jeff Taylor (R), Sen. Sandy Salmon (R) and 1 more

  AI summary This amendment changes the wording to state that a plaintiff is entitled to just compensation for their injuries. It also changes several instances of the word limitations to the singular word limitation. Its wording →
  Ruled out of order
  February 8, 2023
• H-1002Strike everything · filed January 30, 2023 by

  AI summary This amendment replaces the entire bill with a rule stating that noneconomic damages do not include the loss of dependent care, such as childcare, caused by the death or severe injury of a primary caregiver. These specific types of damages would instead be classified as economic damages. Its wording →
  Failed
  24–75
  February 8, 2023