Federal - HR 1215

A bill to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system (official title to be confirmed).

Introduced

February 24, 2017

Description

A bill to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system (official title to be confirmed).

Our Position

Support

Original Sponsor 1

Co-Sponsors 3

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  • Oct. 12, 2017Scalise, R-La., House speech: Personal explanation for roll call vote no.337, and would have voted yea if present. Congressional Record p. E1363-E1364

  • Oct. 12, 2017Scalise, R-La., House speech: Personal explanation for roll call vote no.336, and would have voted nay if present. Congressional Record p. E1363-E1364

  • Oct. 12, 2017Scalise, R-La., House speech: Personal explanation for roll call vote no.335, and would have voted yea if present. Congressional Record p. E1363-E1364

  • Oct. 12, 2017Scalise, R-La., House speech: Personal explanation for roll call vote no.334, and would have voted yea if present. Congressional Record p. E1363-E1364

  • Oct. 12, 2017Scalise, R-La., House speech: Personal explanation for roll call vote no. 326, and would have voted yea if present. Congressional Record p. E1363-E1364

  • Oct. 12, 2017Scalise, R-La., House speech: Personal explanation for roll call vote no.326, and would have voted yea if present. Congressional Record p. E1363-E1364

  • Oct. 12, 2017Scalise, R-La., House speech: Personal explanation for roll call vote no.325, and would have voted yea if present. Congressional Record p. E1363-E1364

  • July 12, 2017Long, R-Mo., House speech: Personal explanation for roll call vote no.336, and would have voted nay if present. Congressional Record p. E968

  • July 12, 2017Long, R-Mo., House speech: Personal explanation for roll call vote no.335, and would have voted nay if present. Congressional Record p. E968

  • July 12, 2017 — , House speech: Personal explanation for roll call vote no.335, and would have voted nay if present. Congressional Record p. E968

  • June 29, 2017 — Received in the Senate and referred to the Senate Judiciary Committee. Congressional Record p. S3856

  • June 28, 2017Napolitano, D-Calif., House speech: Personal explanation for roll call vote no.336, and would have voted yea if present. Congressional Record p. H5287

  • June 28, 2017Napolitano, D-Calif., House speech: Personal explanation for roll call vote no.337, and would have voted nay if present. Congressional Record p. H5287

  • June 28, 2017Napolitano, D-Calif., House speech: Personal explanation for roll call vote no.335, and would have voted nay if present. Congressional Record p. H5287

  • June 28, 2017Napolitano, D-Calif., House speech: Personal explanation for roll call vote no.334, and would have voted nay if present. Congressional Record p. H5287

  • June 28, 2017K. Brady, R-Texas, House speech: Personal explanation for roll call vote no.336, and would have voted nay if present. Congressional Record p. H5286

  • June 28, 2017Langevin, D-R.I., House speech: Personal explanation for roll call vote no.334, and would have voted nay if present. Congressional Record p. E5284

  • June 28, 2017E.B. Johnson, D-Texas, House speech: Personal explanation for roll call vote no.334, and would have voted nay if present. Congressional Record p. H5284

  • June 28, 2017House Vote 337 Medical Malpractice Lawsuit Limitation — Passage
    Passage of the bill that would limit to $250,000 the non-economic damages that can be awarded in a medical malpractice lawsuit in which the plaintiff's health care was paid for in whole or in part via a federal program, subsidy or tax benefit, and would establish a statute of limitations for initiating such lawsuits of either three years following the plaintiff's injury, or one year after the plaintiff discovers such injury, whichever occurs first. The bill would also prohibit a health care provider that prescribes or dispenses a FDA-approved medical product from being named as a party in either a product liability lawsuit involving the product or a class action lawsuit against the manufacturer, distributor or seller of such product. Passed 218-210. Note: A "yea" was a vote in support of the president's position. Congressional Record p. H5286-H5287

  • June 28, 2017House Vote 336 Medical Malpractice Lawsuit Limitation — Recommit
    Kuster, D-N.H., motion to recommit the bill to the House Judiciary Committee with instructions to report it back immediately with an amendment that would modify the bill's definition of "health care lawsuits" to not include a claim or action related to the "grossly negligent" prescription of opioids. Motion rejected 191-235. Congressional Record p. H5285-H5286

  • June 28, 2017 — Substitute amendment, as amended, adopted by voice vote. Congressional Record p. H5284

  • June 28, 2017House Vote 335 Medical Malpractice Lawsuit Limitation — Clinical Guidelines Liability
    Barr, R-Ky., amendment that would provide an affirmative defense to defendants in health care liability cases if they can show they complied with approved clinical practice guidelines and such guidelines applicable to the provision or use of the health care services or medical products for which the case was brought. Rejected in Committee of the Whole 116-310. Congressional Record p. H5281-H5283, H5284

  • June 28, 2017House Vote 334 Medical Malpractice Lawsuit Limitation — Admissible Evidence
    Hudson, R-N.C., amendment that would prohibit an apology by a health care provider or by an employee of a health care provider from being admissible as evidence of an admission of liability in a health care liability case. The amendment would also prohibit a health care professional from being qualified to testify as an expert witness in a medical malpractice case unless the individual meets certain professional qualifications and specialization requirements relevant to the provision or use of the health care services or medical products for which the case was brought. Adopted in Committee of the Whole 222-197. Congressional Record p. H5279-H5281, H5283-H5284

  • June 28, 2017 — Roe, R-Tenn., amendment no. 3, that would prohibit a licensed health care professional from being qualified to testify as an expert witness in a medical malpractice case unless the individual meets certain professional qualifications and geographic location requirements, adopted by voice vote. Amendment text. Congressional Record p. H5277-H5279

  • June 28, 2017 — Sessions, R-Texas, for Burgess, R-Texas, amendment no. 2, that would clarify the definition of "health care services" in the bill to include safety, professional, or administrative services directly related to health care, adopted by voice vote. Amendment text. Congressional Record p. H5276-H5277

  • June 28, 2017 — Sessions, R-Texas, amendment no. 1, that would modify the bill's provision that would establish a new statute of limitations for filing a medical liability lawsuit to include in such statute of limitations the time within three years of the occurrence of the breach of a tort, adopted by voice vote. Amendment text. Congressional Record p. H5275-H5276

  • June 28, 2017 — Considered by the House. Congressional Record p. H5263-H5287

  • June 27, 2017DeLauro, D-Conn., House speech: Personal explanation for roll call vote no.326, and would have voted nay if present. Congressional Record p. H5202

  • June 27, 2017DeLauro, D-Conn., House speech: Personal explanation for roll call vote no.325, and would have voted nay if present. Congressional Record p. H5202

  • June 27, 2017Napolitano, D-Calif., House speech: Personal explanation for roll call vote no.326, and would have voted nay if present. Congressional Record p. H5201

  • June 27, 2017Napolitano, D-Calif., House speech: Personal explanation for roll call vote no.325, and would have voted nay if present. Congressional Record p. H5201

  • June 27, 2017Sewell, D-Ala., House speech: Personal explanation for roll call vote no.325, and would have voted nay if present. Congressional Record p. H5200

  • June 27, 2017Jayapal, D-Wash., House speech: Personal explanation for roll call vote no.325, and would have voted nay if present. Congressional Record p. H5200

  • June 27, 2017House Vote 326 Medical Malpractice Lawsuit Limitation — Rule
    Adoption of the rule (H Res 382) that would provide for consideration of the bill (HR 1215) that would limit to $250,000 the non-economic damages that could be awarded in a medical malpractice lawsuit where the plaintiff's health care was paid for in whole or in part via a federal program, subsidy or tax benefit, and would establish a statute of limitations for initiating such lawsuits of either three years following the plaintiff's injury or one year after the plaintiff discovers such injury, whichever occurs first. Adopted 235-186. Congressional Record p. H5200-H5201

  • June 27, 2017House Vote 325 Medical Malpractice Lawsuit Limitation — Previous Question
    Buck, R-Colo., motion to order the previous question (thus ending debate and possibility of amendment) on the rule (H Res 382) that would provide for House floor consideration of the bill (HR 1215) that would limit to $250,000 the non-economic damages that could be awarded in a medical malpractice lawsuit where the plaintiff's health care was paid for in whole or in part via a federal program, subsidy or tax benefit, and would establish a statute of limitations for initiating such lawsuits of either three years following the plaintiff's injury or one year after the plaintiff discovers such injury, whichever occurs first. Motion agreed to 234-184. Congressional Record p. H5200

  • June 13, 2017 — Rules Committee resolution, H Res 382, reported to the House as a rule for HR 1215.

  • June 13, 2017 — House Rules Committee granted a structured rule providing for consideration of the bill. Congressional Record p. H4908

  • June 13, 2017 — Full committee proceeding held by the House Rules Committee.

  • March 22, 2017 — Reported to the House amended by the House Judiciary Committee and placed on the Union Calendar. H Rept 115-55Congressional Record p. H2347

  • March 16, 2017 — Additional cosponsor(s): 1

    Flores, (R-Texas)
  • March 9, 2017 — Additional cosponsor(s): 1

    Smith, L. (R-Texas)
  • Feb. 28, 2017 — Full committee consideration and markup held by the House Judiciary Committee.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Intentional Tort Exemption
      Conyers, D-Mich. —

    Amendment to the King, R-Iowa., substitute amendment that would limit the definition of health care lawsuit used in the measure to exempt intentional tort liability from the bill's provisions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would limit the definition of health care lawsuit used in the measure to exempt intentional tort liability from the bill's provisions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Rejected by voice vote.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Incorrect Procedure Exemption
    Cohen, D-Tenn. —

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases where a foreign object was left inside the injured party's body, a medical procedure was performed on an incorrect body part or a procedure was performed on an incorrect patient.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases where a foreign object was left inside the injured party's body, a medical procedure was performed on an incorrect body part or a procedure was performed on an incorrect patient.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Rejected 12-16.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Nursing Home Negligence Exemption
    H. Johnson, D-Ga. —

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases involving damages resulting from negligence in a nursing home or long-term care facility.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases involving damages resulting from negligence in a nursing home or long-term care facility.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Rejected 13-15.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Additional Health Benefits
    R. Goodlatte, R-Va. —

    Amendment to the King, R-Iowa., substitute amendment that would strike a provision from the bill to allow parties to introduce evidence of a collateral source benefit, such as health insurance, into a health care lawsuit involving injury or wrongful death.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would strike a provision from the bill to allow parties to introduce evidence of a collateral source benefit, such as health insurance, into a health care lawsuit involving injury or wrongful death.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Adopted by voice vote.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — State Constitutions
      H. Johnson, D-Ga. —

    Amendment to the King, R-Iowa., substitute amendment that would establish that no provision of the bill would be able to preempt a provision in a state constitution.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would establish that no provision of the bill would be able to preempt a provision in a state constitution.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Adopted 16-15.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Irreversible Injury Exemption
      S. Jackson Lee, D-Texas —

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases involving tort claims alleging an irreversible injury.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases involving tort claims alleging an irreversible injury.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Rejected 14-19.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Previous Question
    Issa, R-Calif. —

    Motion to order the previous question thus ending debate on the motion to reconsider the Johnson, D-Ga. amendment to the King, R-Iowa., substitute amendment. The Johnson amendment would prevent the measure from preempting state constitutions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Motion to order the previous question thus ending debate on the motion to reconsider the Johnson, D-Ga. amendment to the King, R-Iowa., substitute amendment. The Johnson amendment would prevent the measure from preempting state constitutions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Agreed to 19-15.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Motion to Reconsider
    Sensenbrenner, R-Wis. —

    Motion to reconsider the vote on the Johnson, D-Ga., amendment to the King, R-Iowa., substitute amendment. The Johnson amendment would prevent the measure from preempting state constitutions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Motion to reconsider the vote on the Johnson, D-Ga., amendment to the King, R-Iowa., substitute amendment. The Johnson amendment would prevent the measure from preempting state constitutions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Agreed to 19-15.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Previous Question
    Issa, R-Calif. —

    Motion to order the previous question thus ending debate on the Johnson, D-Ga. amendment to the King, R-Iowa., substitute amendment. The Johnson amendment would prevent the measure from preempting state constitutions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Motion to order the previous question thus ending debate on the Johnson, D-Ga. amendment to the King, R-Iowa., substitute amendment. The Johnson amendment would prevent the measure from preempting state constitutions.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Agreed to 18-16.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — State Constitutions
    H. Johnson, D-Ga. —

    Amendment to the King, R-Ia., substitute amendment that would establish that no provision of the bill would be able to preempt a provision in a state constitution.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Ia., substitute amendment that would establish that no provision of the bill would be able to preempt a provision in a state constitution.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Rejected 17-17.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Sexual Assault
      Swalwell, D-Calif. —

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases involving injuries sustained by the victim of rape or sexual assault in the course of such rape or sexual assault.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would create an exemption to the measure in cases involving injuries sustained by the victim of rape or sexual assault in the course of such rape or sexual assault.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Rejected 13-17.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Liability Sharing Provision
      Raskin, D-Md. —

    Amendment to the King, R-Iowa., substitute amendment that would strike a provision from the bill that would require the defendants in a health care claims case to only be liable for damages in proportion to their share of the negligence.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Amendment to the King, R-Iowa., substitute amendment that would strike a provision from the bill that would require the defendants in a health care claims case to only be liable for damages in proportion to their share of the negligence.

    The King substitute amendment would strike the findings and purpose section from the bill.

    Rejected 14-16.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Substitute Amendment
      S. King, R-Iowa —

    Substitute amendment that would strike the findings and purpose section from the bill. As amended, it also would strike language that would allow parties to introduce evidence of a collateral source benefit, such as health insurance, into a health care lawsuit involving injury or wrongful death.

    Substitute amendment that would strike the findings and purpose section from the bill. As amended, it also would strike language that would allow parties to introduce evidence of a collateral source benefit, such as health insurance, into a health care lawsuit involving injury or wrongful death.

    Adopted (as amended) 18-16.

    Feb. 28, 2017 — Committee Vote: Health Care Liability — Vote to Report

    Establish a statute of limitations on health care lawsuits of three years after the date of the injury, or one year after the claimant discovers the injury. It would create an exemption to the limit in cases involving fraud, intentional concealment or the discovery of a foreign object in the injury person. It also would exempt from the limitation cases involving children under the age of eight.

    The measure would only apply to health care lawsuits where health care was provided through a federally funded or subsidized program.

    The measure would not preempt any state law with a statute of limitations of less than three years.

    It would clarify that nothing in the measure would limit a claimants recovery of the full amount of economic damages. The measure would cap noneconomic damages in a health care lawsuit at $250,000, regardless of the number of claims brought in respect to a single injury.

    It also would establish that in a health care lawsuit, a liable party is only liable for the damages in relations to their percentage of responsibility for the plaintiff's injury.

    It would prevent health care providers that prescribe an approved medical product from being liable as part of a class action against a manufacturer or seller of the product.

    Establish a statute of limitations on health care lawsuits of three years after the date of the injury, or one year after the claimant discovers the injury. It would create an exemption to the limit in cases involving fraud, intentional concealment or the discovery of a foreign object in the injury person. It also would exempt from the limitation cases involving children under the age of eight.

    The measure would only apply to health care lawsuits where health care was provided through a federally funded or subsidized program.

    The measure would not preempt any state law with a statute of limitations of less than three years.

    It would clarify that nothing in the measure would limit a claimants recovery of the full amount of economic damages. The measure would cap noneconomic damages in a health care lawsuit at $250,000, regardless of the number of claims brought in respect to a single injury.

    It also would establish that in a health care lawsuit, a liable party is only liable for the damages in relations to their percentage of responsibility for the plaintiff's injury.

    It would prevent health care providers that prescribe an approved medical product from being liable as part of a class action against a manufacturer or seller of the product.

    Ordered reported favorably to the full House (as amended) 18-17.
  • Feb. 27, 2017 — Additional cosponsor(s): 1

    Goodlatte, R. (R-Va.)
  • Feb. 24, 2017 — Read twice and referred to: House Energy and Commerce, House Judiciary.Congressional Record p. H1312