3.0.0 243 2023-01-11T20:05:56Z 2023-01-11T20:05:56Z Senate S S 2007-01-10 110 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Referred to 2007-01-10T20:54:14Z 2007-01-10 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2007-01-10 Introduced in Senate IntroReferral 10000 9 Library of Congress E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV N M000355 Sen. McConnell, Mitch [R-KY] Mitch McConnell R KY 2007-01-10 True G000445 Sen. Gregg, Judd [R-NH] Judd Gregg R NH 2007-01-10 True C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2007-01-10 True S001141 Sen. Sessions, Jeff [R-AL] Jeff Sessions R AL 2007-01-10 True D000595 Sen. DeMint, Jim [R-SC] James DeMint R SC W. 2007-01-10 True I000024 Sen. Inhofe, James M. [R-OK] Jim Inhofe R OK 2007-01-10 True C000560 Sen. Coburn, Tom [R-OK] TOM COBURN R OK 2007-01-10 True V000127 Sen. Vitter, David [R-LA] David Vitter R LA 2007-01-10 True D000601 Sen. Dole, Elizabeth [R-NC] Elizabeth Dole R NC H. 2007-01-10 True V000126 Sen. Voinovich, George V. [R-OH] GEORGE VOINOVICH R OH V. 2007-01-10 True T000250 Sen. Thune, John [R-SD] John Thune R SD R. 2007-01-10 True A000109 Sen. Allard, Wayne [R-CO] A. ALLARD R CO WAYNE 2007-01-10 True A000360 Sen. Alexander, Lamar [R-TN] Lamar Alexander R TN 2007-01-10 True B001135 Sen. Burr, Richard [R-NC] Richard Burr R NC Mauze 2007-01-10 True L000447 Sen. Lott, Trent [R-MS] CHESTER LOTT R MS TRENT 2007-01-11 False C001071 Sen. Corker, Bob [R-TN] Bob Corker R TN 2008-02-25 False Law Alternative dispute resolution Civil procedure Commerce Conflict of interests Damages Disability insurance Disabled Expert witnesses Federal preemption Finance and Financial Sector Frivolous lawsuits Government Operations and Politics Health Health insurance Indemnity Labor and Employment Legal ethics Legal fees Liability (Law) Limitation of actions Medical malpractice Medical supplies Negligence Product safety Punitive damages State courts State laws Workers' compensation Wrongful death Law 00 2007-01-10 Introduced in Senate 2007-02-10T15:14:32Z Medical Care Access Protection Act of 2007 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care 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.

Requires a court to impose sanctions for the filing of frivolous lawsuits.

Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. 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, biological product, or medical device for an approved indication.

Provides for periodic payments of future damage awards.

]]> Medical Care Access Protection Act of 2007 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 IS Display Title Medical Care Access Protection Act of 2007 Short Titles as Introduced Medical Care Access Protection Act of 2007 Short Titles as Introduced MCAP Act Introduced in Senate 2007-01-10T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s243is/xml/BILLS-110s243is.xml 2007-01-10 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. 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.