3.0.0 218 2023-01-11T13:20:45Z 2023-01-11T13:20:45Z Senate S S 2011-01-27 112 ssju00 Judiciary Committee Senate Standing Referred to 2011-01-27T21:47:05Z Sequester Replacement Reconciliation Act of 2012 112 5652 HR 2012-05-15 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 398. Related bill CRS Sequestration Prevention Act of 2012 112 6389 HR 2012-09-19 Referred to the Subcommittee on the Constitution. Related bill CRS Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 112 1099 S 2011-05-26 Read twice and referred to the Committee on the Judiciary. Related bill CRS Sequestration Prevention Act of 2012 112 3473 S 2012-08-01 Read twice and referred to the Committee on Finance. Related bill CRS Protecting Access to Healthcare Act 112 5 HR 2012-04-16 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353. Identical bill CRS 2011-01-27 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2011-01-27 Introduced in Senate IntroReferral 10000 9 Library of Congress E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV N B000575 Sen. Blunt, Roy [R-MO] Roy Blunt R MO 2011-02-10 False K000360 Sen. Kirk, Mark Steven [R-IL] MARK KIRK R IL STEVEN 2011-03-14 False Health Alternative dispute resolution, mediation, arbitration Civil actions and liability Evidence and witnesses Health care costs and insurance Health care coverage and access Health care quality Health personnel Health technology, devices, supplies Judicial procedure and administration Lawyers and legal services Prescription drugs Product safety and quality Health 00 2011-01-27 Introduced in Senate 2011-02-09T16:07:35Z 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.

]]> Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 Display Title Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 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 Short Titles as Introduced Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 Introduced in Senate 2011-01-27T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s218is/xml/BILLS-112s218is.xml 2011-01-27 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.