Bill > HB5241

This bill amends the Natural Resources and Environmental Protection Act to provide for a new cause of action for medical monitoring for individuals who have been exposed to a proven toxic substance, even if they do not have a present injury or disease. The key provisions are: 1. An individual who has been exposed to a hazardous substance at a significantly greater rate than the general population and has an increased risk of contracting a serious disease can bring a cause of action for medical monitoring, even without a present injury. 2. If the cost of medical monitoring is awarded, the court must order the responsible party to pay the award to a court-supervised medical monitoring program administered by appropriate health professionals. 3. The court must also award reasonable attorney fees and litigation costs to the plaintiff. 4. This medical monitoring remedy is the exclusive remedy for individuals without a present injury, but does not preclude other civil or injunctive remedies related to the manifestation of a latent disease. 5. The statute of limitations for this new medical monitoring cause of action is not subject to the existing time limits for filing actions under this environmental protection law.