Bill
Bill > S1099
summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2011 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Denies punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards. Provides for periodic payments of future damages.
AI Summary
This bill, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011, aims to reform the healthcare liability system by setting new rules for lawsuits related to healthcare goods, services, or medical products that affect interstate commerce. It establishes a three-year statute of limitations from when an injury appears or one year from discovery, with exceptions for fraud or concealment, and limits non-economic damages (like pain and suffering) to $250,000. The bill also introduces a "fair share" rule, meaning each party is only responsible for their proportional share of damages based on their percentage of fault, and allows courts to limit attorney contingency fees, with percentages decreasing as the award amount increases. It permits the introduction of evidence about collateral source benefits (like insurance payments) and prevents those providers from recovering money from a lawsuit award. Punitive damages, intended for punishment, are only allowed if there's clear and convincing proof of malicious intent or deliberate disregard for substantial harm, and are capped at twice the economic damages or $250,000, with an exception for products approved by the Food and Drug Administration (FDA). Finally, the bill allows for future damages to be paid out over time rather than in a lump sum.
Committee Categories
Justice
Sponsors (3)
Last Action
Read twice and referred to the Committee on the Judiciary. (on 05/26/2011)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/senate-bill/1099/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112s1099is/pdf/BILLS-112s1099is.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s1099is/pdf/BILLS-112s1099is.pdf.pdf |
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