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Bill115th CongressFiled Feb 24, 2017Health
H.R. 1215

Protecting Access to Care Act of 2017

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Under committee review

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What it doesSummary passed house amended (Jun 28, 2017)

Protecting Access to Care Act of 2017

This bill establishes provisions governing health care lawsuits where coverage for the care was provided or subsidized by the federal government, including through a subsidy or tax benefit.

(Sec. 2) In general, the statute of limitations is three years after the occurrence of the breach or tort, three years after medical or health-care treatment for the injury is completed, or one year after the claimant discovers the injury, whichever occurs first. For a minor, the statute of limitations is three years after the occurrence of the breach or tort or three years after medical or health-care treatment for the injury is completed, whichever occurs first, except for a minor under six years old, for whom it is the later of three years after the occurrence of the breach or tort, three years after medical or health-care treatment for the injury is completed, one year after discovery of the injury, or the minor's eighth birthday. These limitations are tolled under certain circumstances. These provisions do not preempt certain state laws.

(Sec. 3) Noneconomic damages are limited to $250,000, before accounting for reductions in damages required by law. Juries may not be informed of this limitation. Parties are liable for the amount of damages directly proportional to their responsibility. These provisions do not preempt state laws that specify a particular monetary amount of damages.

(Sec. 4) Courts must supervise the payment of damages and may restrict attorney contingent fees. The bill sets limits on contingent fees. The bill does not preempt state laws that specify a lesser percentage or value of damages that may be claimed by an attorney representing a claimant.

(Sec. 5) The bill provides for periodic payment of future damage awards. The bill does not preempt state laws that mandate periodic payments.

(Sec. 6) A health care provider who prescribes, or dispenses pursuant to a prescription, a medical product approved by the Food and Drug Administration may not be a party to a product liability lawsuit or a class action lawsuit regarding the medical product.

(Sec. 8) The bill does not preempt federal vaccine injury laws.

(Sec. 9) The bill preempts federal tort laws that provide for greater amounts of damages or contingent fees, a longer statute of limitations, or reduced applicability or scope of periodic payment of future damages.

(Sec. 10) The bill applies to health care lawsuits initiated after enactment. Lawsuits are governed by the statue of limitations applicable at the time of injury.

(Sec. 11) The bill establishes limitations on expert-witness testimony by a health-care professional who was not licensed to practice or had not practiced, in the state or a contiguous bordering state, a relevant profession or specialty during the year preceding the date of the alleged injury or wrongful act.

(Sec. 12) Certain provider communications shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest in a health-care liability action. These provisions do not preempt state laws making additional communications inadmissible as evidence.

(Sec. 13) The bill specifies additional qualifications for expert witnesses in health-care liability actions. These provisions do not preempt state laws placing additional qualification requirements upon individuals testifying as expert witnesses.

(Sec. 14) The bill establishes requirements for the filing of an affidavit of merit. These provisions do not preempt state laws establishing additional requirements for pre-litigation documentation.

(Sec. 15) The bill establishes requirements for the provision of advance notice of intent to commence a health-care lawsuit against a provider. These provisions do not preempt state laws establishing different time periods for the filing of written notice.

What just happenedJun 29, 2017

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. King, Steve [R-IA-4](R-IA)Sponsor
3 cosponsors3 R
Read on Congress.gov
3cosponsors3committees40actions5amendments2related bills9subjects
  1. Jun 29, 2017IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Jun 28, 2017FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Jun 28, 2017FloorH37100

    On passage Passed by recorded vote: 218 - 210 (Roll no. 337).

  4. Jun 28, 2017Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 218 - 210 (Roll no. 337).

  5. Jun 28, 2017FloorH36110

    On motion to recommit with instructions Failed by recorded vote: 191 - 235 (Roll no. 336).

    Judiciary Committee
  6. Jun 28, 2017FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection.

  7. Jun 28, 2017FloorH8D000

    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to add an exemption to the underlying bill for any claim or action that pertains to the negligent prescription of opioids.

  8. Jun 28, 2017FloorH36100

    Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H5275)

    Judiciary Committee
  9. Jun 28, 2017FloorH34400

    The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

  10. Jun 28, 2017FloorH35000

    The previous question was ordered pursuant to the rule.

  11. Jun 28, 2017FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1215.

  12. Jun 28, 2017FloorH8D000

    UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

  13. Jun 28, 2017FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Barr amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Barr demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

  14. Jun 28, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Barr amendment No. 5.

  15. Jun 28, 2017FloorH8D000

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Hudson amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Cohen demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

  16. Jun 28, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Hudson amendment No. 4.

  17. Jun 28, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Roe (TN) amendment No. 3.

  18. Jun 28, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Sessions amendment No. 2.

  19. Jun 28, 2017FloorH8D000

    DEBATE - Pursuant to the provisions of H.Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Sessions amendment No. 1.

  20. Jun 28, 2017FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1215.

  21. Jun 28, 2017FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 382 and Rule XVIII.

  22. Jun 28, 2017FloorH32400

    The Speaker designated the Honorable Garret Graves to act as Chairman of the Committee.

  23. Jun 28, 2017FloorH8D000

    Rule provides for consideration of H.R. 1215 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution makes in order as original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-10. The resolution makes in order only those amendments printed in the report.

  24. Jun 28, 2017FloorH30000

    Considered under the provisions of rule H. Res. 382. (consideration: CR H5263-5287; text of amendment in the nature of a substitute: CR H5273-5275)

  25. Jun 27, 2017FloorH1L220

    Rule H. Res. 382 passed House.

  26. Jun 13, 2017FloorH1L210

    Rules Committee Resolution H. Res. 382 Reported to House. Rule provides for consideration of H.R. 1215 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution makes in order as original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-10. The resolution makes in order only those amendments printed in the report.

  27. Mar 22, 2017CalendarsH12410

    Placed on the Union Calendar, Calendar No. 31.

  28. Mar 22, 2017DischargeH12300

    Committee on Energy and Commerce discharged.

    Energy and Commerce Committee
  29. Mar 22, 2017Committee5500

    Committee on Energy and Commerce discharged.

    Energy and Commerce Committee
  30. Mar 22, 2017CommitteeH12200

    Reported (Amended) by the Committee on Judiciary. H. Rept. 115-55, Part I.

    Judiciary Committee
  31. Mar 22, 2017Committee5000

    Reported (Amended) by the Committee on Judiciary. H. Rept. 115-55, Part I.

    Judiciary Committee
  32. Mar 3, 2017Committee

    Referred to the Subcommittee on Health.

    Health Subcommittee
  33. Feb 28, 2017Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 17.

    Judiciary Committee
  34. Feb 28, 2017Committee

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  35. Feb 24, 2017Committee

    Referred to the Subcommittee on the Constitution and Civil Justice.

    Constitution and Limited Government Subcommittee
  36. Feb 24, 2017IntroReferralH11100

    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.

    Energy and Commerce Committee
  37. Feb 24, 2017IntroReferralH11100-A

    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.

  38. Feb 24, 2017IntroReferralH11100

    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.

    Judiciary Committee
  39. Feb 24, 2017IntroReferralIntro-H

    Introduced in House

  40. Feb 24, 2017IntroReferral1000

    Introduced in House

Passed House amendedJun 28, 201736

Protecting Access to Care Act of 2017

This bill establishes provisions governing health care lawsuits where coverage for the care was provided or subsidized by the federal government, including through a subsidy or tax benefit.

(Sec. 2) In general, the statute of limitations is three years after the occurrence of the breach or tort, three years after medical or health-care treatment for the injury is completed, or one year after the claimant discovers the injury, whichever occurs first. For a minor, the statute of limitations is three years after the occurrence of the breach or tort or three years after medical or health-care treatment for the injury is completed, whichever occurs first, except for a minor under six years old, for whom it is the later of three years after the occurrence of the breach or tort, three years after medical or health-care treatment for the injury is completed, one year after discovery of the injury, or the minor's eighth birthday. These limitations are tolled under certain circumstances. These provisions do not preempt certain state laws.

(Sec. 3) Noneconomic damages are limited to $250,000, before accounting for reductions in damages required by law. Juries may not be informed of this limitation. Parties are liable for the amount of damages directly proportional to their responsibility. These provisions do not preempt state laws that specify a particular monetary amount of damages.

(Sec. 4) Courts must supervise the payment of damages and may restrict attorney contingent fees. The bill sets limits on contingent fees. The bill does not preempt state laws that specify a lesser percentage or value of damages that may be claimed by an attorney representing a claimant.

(Sec. 5) The bill provides for periodic payment of future damage awards. The bill does not preempt state laws that mandate periodic payments.

(Sec. 6) A health care provider who prescribes, or dispenses pursuant to a prescription, a medical product approved by the Food and Drug Administration may not be a party to a product liability lawsuit or a class action lawsuit regarding the medical product.

(Sec. 8) The bill does not preempt federal vaccine injury laws.

(Sec. 9) The bill preempts federal tort laws that provide for greater amounts of damages or contingent fees, a longer statute of limitations, or reduced applicability or scope of periodic payment of future damages.

(Sec. 10) The bill applies to health care lawsuits initiated after enactment. Lawsuits are governed by the statue of limitations applicable at the time of injury.

(Sec. 11) The bill establishes limitations on expert-witness testimony by a health-care professional who was not licensed to practice or had not practiced, in the state or a contiguous bordering state, a relevant profession or specialty during the year preceding the date of the alleged injury or wrongful act.

(Sec. 12) Certain provider communications shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest in a health-care liability action. These provisions do not preempt state laws making additional communications inadmissible as evidence.

(Sec. 13) The bill specifies additional qualifications for expert witnesses in health-care liability actions. These provisions do not preempt state laws placing additional qualification requirements upon individuals testifying as expert witnesses.

(Sec. 14) The bill establishes requirements for the filing of an affidavit of merit. These provisions do not preempt state laws establishing additional requirements for pre-litigation documentation.

(Sec. 15) The bill establishes requirements for the provision of advance notice of intent to commence a health-care lawsuit against a provider. These provisions do not preempt state laws establishing different time periods for the filing of written notice.

Reported to House amended, Part IMar 22, 201718

Protecting Access to Care Act of 2017

This bill establishes provisions governing health care lawsuits where coverage for the care was provided or subsidized by the federal government, including through a subsidy or tax benefit.

(Sec. 2) The statute of limitations is three years after the injury or one year after the claimant discovers the injury, whichever occurs first. For a minor, the statute of limitations is three years after the injury, except for a minor under six years old, for whom it is three years after the injury, one year after discovery of the injury, or the minor's eighth birthday, whichever occurs later. These limitations are tolled under certain circumstances. These provisions do not preempt certain state laws.

(Sec. 3) Noneconomic damages are limited to $250,000, before accounting for reductions in damages required by law. Juries may not be informed of this limitation. Parties are liable for the amount of damages directly proportional to their responsibility. These provisions do not preempt state laws that specify a particular monetary amount of damages.

(Sec. 4) Courts must supervise the payment of damages and may restrict attorney contingent fees. The bill sets limits on contingent fees. The bill does not preempt state laws that specify a lesser percentage or value of damages that may be claimed by an attorney representing a claimant.

(Sec. 5) The bill provides for periodic payment of future damage awards. The bill does not preempt state laws that mandate periodic payments.

(Sec. 6) A health care provider who prescribes, or dispenses pursuant to a prescription, a medical product approved by the Food and Drug Administration may not be a party to a product liability lawsuit or a class action lawsuit regarding the medical product.

(Sec. 8) The bill does not preempt federal vaccine injury laws.

(Sec. 9) The bill preempts federal tort laws that provide for greater amounts of damages or contingent fees, a longer statute of limitations, or reduced applicability or scope of periodic payment of future damages.

(Sec. 10) The bill applies to health care lawsuits initiated after enactment. Lawsuits are governed by the statue of limitations applicable at the time of injury.

Introduced in HouseFeb 24, 2017

Protecting Access to Care Act of 2017

This bill establishes provisions governing health care lawsuits where coverage for the care was provided or subsidized by the federal government, including through a subsidy or tax benefit. The bill does not preempt certain state laws and federal vaccine injury laws and rules.

The statute of limitations is three years after the injury or one year after the claimant discovers the injury, whichever occurs first. For a minor, the statute of limitations is three years after the injury, except for a minor under six years old, for whom it is three years after the injury, one year after discovery of the injury, or the minor's eighth birthday, whichever occurs later. These limitations are tolled under certain circumstances.

Noneconomic damages are limited to $250,000. Juries may not be informed of this limitation. Parties are liable for the amount of damages directly proportional to their responsibility. These provisions do not preempt state laws that specify a particular monetary amount of damages.

Courts must supervise the payment of damages and may restrict attorney contingency fees. The bill sets limits on contingency fees.

Certain evidence regarding collateral source benefits (e.g., insurance payments) may be introduced in lawsuits involving injury or wrongful death. Providers of collateral source benefits may not recover any amount from the claimant in such a lawsuit. These provisions do not apply if Medicare is a secondary payer or there is third party liability for Medicaid services.

The bill provides for periodic payment of future damage awards.

A health care provider who prescribes, or dispenses pursuant to a prescription, a medical product approved by the Food and Drug Administration may not be a party to a product liability lawsuit or a class action lawsuit regarding the medical product.
Protecting Access to Care Act of 2017 — Informed