Bill
Bill > S218
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 the manifestation of injury or one year from discovery, with exceptions for fraud or concealment, and limits non-economic damages to $250,000. The bill also introduces a "fair share" rule, making each party liable only for their proportional responsibility for damages, and allows courts to restrict attorney contingency fees, capping them at decreasing percentages based on the award amount. Furthermore, it permits the introduction of evidence about collateral source benefits (like insurance payments) and prohibits those providers from recovering from a lawsuit award. Punitive damages are restricted to cases of malicious intent or deliberate disregard for substantial certainty of harm, capped at the greater of twice the economic damages or $250,000, and are generally disallowed for products approved by the Food and Drug Administration (FDA). Finally, the bill provides for periodic payments of future damages in certain cases.
Committee Categories
Justice
Sponsors (3)
Last Action
Read twice and referred to the Committee on the Judiciary. (on 01/27/2011)
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/218/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112s218is/pdf/BILLS-112s218is.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s218is/pdf/BILLS-112s218is.pdf.pdf |
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