3.0.0 3656 2022-11-01T13:50:43Z 2022-11-01T13:50:43Z House HR 2019-07-09 116 [Congressional Record Volume 165, Number 114 (Tuesday, July 9, 2019)][House]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. HUDSON:H.R. 3656.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8[Page H5304]]]> hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Referred to 2019-07-10T17:41:07Z Referred to 2019-07-09T18:02:45Z hsju00 Judiciary Committee House Standing Referred to 2019-07-09T18:02:40Z 2019-07-10 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health. Committee 2019-07-09 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2019-07-09 Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2019-07-09 Introduced in House IntroReferral Intro-H 9 Library of Congress 2019-07-09 Introduced in House IntroReferral 1000 9 Library of Congress H001067 Rep. Hudson, Richard [R-NC-8] Richard Hudson R NC 8 N M001198 Rep. Marshall, Roger [R-KS-1] Roger Marshall R KS 1 2019-07-09 True B001275 Rep. Bucshon, Larry [R-IN-8] Larry Bucshon R IN 8 2019-07-09 True R000582 Rep. Roe, David P. [R-TN-1] David Roe R TN P. 1 2019-09-24 False Health Civil actions and liability Drug safety, medical device, and laboratory regulation Evidence and witnesses Health care quality Health facilities and institutions Health information and medical records Health personnel Health technology, devices, supplies Legal fees and court costs Medical education Prescription drugs Health

00 2019-07-09 Introduced in House 2021-01-28T19:13:08Z Accessible Care by Curbing Excessive lawSuitS Act of 2019 or ACCESS Act of 2019

This bill establishes rules for health care lawsuits where some amount of coverage or care was provided or paid for by a federal program, regardless of the number of other parties to the claim.

The bill sets a three-year maximum statute of limitations from the date of the injury, subject to specific exceptions. Further, noneconomic damages (e.g., damages for pain and suffering) are limited to a maximum of $250,000. The bill permits courts to supervise and limit contingent fees paid to attorneys and sets a maximum contingent fee percentage based on a downward sliding scale as a damages increase.

The bill permits either party to introduce evidence of collateral source benefits (e.g., workers’ compensation programs, accident insurance coverage, or other future benefit). Statements by a health care provider expressing fault, sympathy, or apology are, however, inadmissible as evidence of liability.

Additionally, a plaintiff must give 90 days’ notice to the health care provider before filing a lawsuit. When filing a health care lawsuit, plaintiffs also must simultaneously submit an affidavit in support of the claim from a health care professional who meets the standards for an expert witness that are provided in the bill.

This bill generally does not preempt state laws that impose additional limits on health care liability claims.

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Display Title Official Title as Introduced Introduced in House IH Short Title(s) as Introduced Introduced in House IH Short Title(s) as Introduced Introduced in House IH Introduced in House 2019-07-09T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116hr3656ih/xml/BILLS-116hr3656ih.xml 2019-07-10 Referred to the Subcommittee on Health. 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.