3.0.0 44 2020-02-10T17:00:05Z 2020-02-10T17:00:05Z Senate S S 2013-01-22 113 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Referred to 2013-01-22T20:37:13Z Patient Centered Healthcare Savings Act of 2013 113 3622 HR 2014-01-27 Referred to the Subcommittee on the Constitution and Civil Justice. Related bill CRS STAR Act of 2013 113 1860 S 2013-12-19 Read twice and referred to the Committee on Finance. Related bill CRS 2013-01-22 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2013-01-22 Introduced in Senate IntroReferral 10000 9 Library of Congress P000449 Sen. Portman, Rob [R-OH] Rob Portman R OH N I000024 Sen. Inhofe, James M. [R-OK] Jim Inhofe R OK 2013-01-22 True V000127 Sen. Vitter, David [R-LA] David Vitter R LA 2013-03-05 False Law Alternative dispute resolution, mediation, arbitration Civil actions and liability Drug safety, medical device, and laboratory regulation Evidence and witnesses Health care costs and insurance Health care coverage and access Health care quality Health personnel Health technology, devices, supplies Legal fees and court costs Product safety and quality Law 00 2013-01-22 Introduced in Senate 2013-02-08T19:55:27Z Medical Care Access Protection Act of 2013 or MCAP Act - Prescribes requirements for 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 its 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.

]]> MCAP Act Short Titles as Introduced MCAP Act Short Titles as Introduced Medical Care Access Protection Act of 2013 Display Title MCAP Act 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 2013-01-22T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113s44is/xml/BILLS-113s44is.xml 2013-01-22 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.