Sec. 12. Liability protections for health care providers
829 words·~4 min read·
/bill/113/hr/2165/ih/section-12·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The liability protections in subsection
(c)shall apply in any civil action, including an action before any court of any State, against a health care provider, arising from health care goods or services that— were provided by a health care provider in a hospital to which the requirements of section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ) apply; and were provided only because they were required under section 1867 of the Social Security Act (42 U.S.C. 1395dd). In any proceeding under subsection (a), the burden of proof shall be on the defendant to establish the elements in paragraphs
(1)and
(2)of subsection (a). The amount of noneconomic damages, if available, shall not exceed $250,000, regardless of the number of parties against whom the action is brought with respect to the same injury. An award for noneconomic damages in excess of $250,000 shall be reduced either before entry of the order granting judgment, or by amendment of such order. If the award for damages exceeds $50,000, the defendant may pay such damages in installments, as determined by the court. Any contingent fee for a party’s attorney shall not exceed— 40 percent of the portion of the award amount that does not exceed $50,000; 33 1/3 percent of the portion of the award amount that exceeds $50,000 but does not exceed $100,000; 25 percent of the portion of the award amount that exceeds $100,000 but does not exceed $600,000; and 15 percent of the portion of the award amount that exceeds $600,000. Any person bringing a civil action described in subsection
(a)shall, and any party may, disclose or introduce evidence of collateral source benefits. The provisions of this Act preempt, subject to subparagraphs
(B)and (C), State law to the extent that State law prevents the application of any provisions of law established by or under this Act. The provisions governing an action described in subsection
(a)set forth in this Act supersede chapter 171 of title 28, United States Code, to the extent that such chapter— provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this Act; or prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits. This Act shall not preempt or supersede any State or Federal law that imposes greater procedural or substantive protections for health care providers from liability, loss, or damages than those provided by this Act or create a cause of action. No provision of this Act shall be construed to preempt— any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a particular monetary amount of compensatory or punitive damages (or the total amount of damages) that may be awarded in an action described in subsection (a), regardless of whether such monetary amount is greater or lesser than is provided for under this Act; or any defense available to a party in an action described in subsection
(a)under any other provision of State or Federal law. As used in this section, the term collateral source benefits means any amount paid or reasonably likely to be paid in the future to or on behalf of the claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of the claimant, as a result of the personal harm, pursuant to— any State or Federal health, sickness, income-disability, accident, or workers’ compensation law; any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income-disability benefits; and any other publicly or privately funded program. As used in this section, the term noneconomic damages means damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. As used in this section, the term health care provider means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute. As used in this section, the term health care goods or services means any goods or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 12
Liability protections for health care providers
Cites 1Cited by 0 across 0 sources