3.0.0 354 2020-02-10T17:00:13Z 2022-02-08T17:27:15Z Senate S S 2005-02-10 109 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Referred to 2005-02-10T21:10:20Z Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005 109 534 HR 2005-02-25 Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman. Related bill CRS Healthy Mothers and Healthy Babies Access to Care Act of 2005 109 366 S 2005-02-10 Read twice and referred to the Committee on the Judiciary. Related bill CRS Pregnancy and Trauma Care Access Protection Act of 2005 109 367 S 2005-02-10 Read twice and referred to the Committee on the Judiciary. Related bill CRS 2005-02-17 Sponsor introductory remarks on measure. (CR S1603-1605) IntroReferral B00100 9 Library of Congress 2005-02-10 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2005-02-10 Introduced in Senate IntroReferral 10000 9 Library of Congress E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV N G000445 Sen. Gregg, Judd [R-NH] Judd Gregg R NH 2005-02-10 True T000162 Sen. Thomas, Craig [R-WY] CRAIG THOMAS R WY 2005-02-10 True I000024 Sen. Inhofe, James M. [R-OK] Jim Inhofe R OK 2005-02-10 True K000352 Sen. Kyl, Jon [R-AZ] Jon Kyl R AZ Llewellyn 2005-02-10 True B001135 Sen. Burr, Richard [R-NC] Richard Burr R NC Mauze 2005-03-10 False V000127 Sen. Vitter, David [R-LA] David Vitter R LA 2005-06-21 False Health Accident insurance Blood Child health Civil actions and liability Collection of accounts Commerce Conflict of interests Crime and Law Enforcement Damages Disability insurance Disabled Drug approvals Drug industry Drugs Evidence (Law) Expert witnesses Families Federal preemption Finance and Financial Sector Fines (Penalties) Fraud Government Operations and Politics Health insurance Labeling Labor and Employment Law Legal fees Liability (Law) Liability insurance Limitation of actions Medical malpractice Medical supplies Minors Packaging Parties to actions Physicians Product safety Products liability Punitive damages State laws Vaccines Workers' compensation Health 00 2005-02-10 Introduced in Senate 2005-04-11T20:09:45Z Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 or the HEALTH Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims concerning the provisions of 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.

Provides that nothing in this Act limits recovery of the full amount of available economic damages. 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.

Prescribes qualifications for expert witnesses.

Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under Federal or State law.

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 such person knew 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.

Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing an Food and Drug Administration (FDA)-approved prescription drug or device.

Provides for periodic payments of future damage awards.

]]> Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 Short Titles as Introduced Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 Short Titles as Introduced HEALTH Act of 2005 Display Title Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 Official Title as Introduced 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. Introduced in Senate 2005-02-10T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s354is/xml/BILLS-109s354is.xml 2005-02-17 Sponsor introductory remarks on measure. (CR S1603-1605) text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.