3.0.0 367 2022-02-03T05:34:27Z 2022-02-03T05:34:27Z Senate S S 2005-02-10 109 ssju00 Judiciary Committee Senate Standing Referred to 2005-02-10T22:33:21Z 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 Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005 109 354 S 2005-02-17 Sponsor introductory remarks on measure. (CR S1603-1605) 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 2005-02-10 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2005-02-10 Introduced in Senate IntroReferral 10000 9 Library of Congress G000445 Sen. Gregg, Judd [R-NH] Judd Gregg R NH N E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV 2005-02-10 True Health Accident insurance Accreditation (Medical care) Civil actions and liability Civil procedure Class actions (Civil procedure) Collection of accounts Commerce Compensation (Law) Conflict of interests Crime and Law Enforcement Damages Drug approvals Education Emergency Management Emergency medicine Evidence (Law) Expert witnesses Federal preemption Finance and Financial Sector Fines (Penalties) Government Operations and Politics Gynecology Health insurance Higher education Insurance premiums Juries Labeling Labor and Employment Law Legal ethics Legal fees Liability (Law) Licenses Limitation of actions Medical economics Medical education Medical malpractice Medical personnel Medical supplies Obstetrics Packaging Physicians Products liability Punitive damages Smallpox State laws Trauma care Vaccination Vaccines Valuation Women Women's health Workers' compensation Health 00 2005-02-10 Introduced in Senate 2005-04-11T20:11:38Z Pregnancy and Trauma Care Access Protection Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical, gynecological, emergency, or trauma care goods or services.

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 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 a Food and Drug Administration (FDA)-approved prescription drug or device.

Provides for periodic payments of future damage awards.

]]> Pregnancy and Trauma Care Access Protection Act of 2005 Short Titles as Introduced Pregnancy and Trauma Care Access Protection Act of 2005 Display Title Pregnancy and Trauma Care Access Protection Act of 2005 Official Title as Introduced A bill to improve women's access to health care services, and the access of all individuals to emergency and trauma care services, by reducing the excessive burden the liability system places on the delivery of such services. Introduced in Senate 2005-02-10T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s367is/xml/BILLS-109s367is.xml 2005-02-10 Read twice and referred to the Committee on the Judiciary. 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.