ACCESS Act of 2017
Bill journey · stage 2 of 5
Under committee review
What it doesSummary introduced in house (Mar 23, 2017)
Accessible Care by Curbing Excessive lawSuitS Act of 2017 or the ACCESS Act of 2017
This bill establishes provisions governing health care lawsuits where coverage for the care was provided or subsidized by the federal government. 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, with exceptions.
Noneconomic damages are limited to $250,000. Juries may not be informed of this limitation.
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.
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 liability lawsuit or class action lawsuit regarding the product.
Expressions of apology, fault, or sympathy by health care providers or their employees to patients or their relatives or representatives regarding suffering, injury, or death from an unanticipated outcome of care are inadmissible as evidence of liability.
A person must give a health care provider 90 days' notice before commencing a lawsuit, with exceptions.
An affidavit of merit signed by a health care professional who qualifies as an expert witness must be filed simultaneously with a lawsuit.
The bill establishes qualifications for expert witnesses.
What just happenedApr 6, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
Who’s behind it
- Introduced in HouseMar 23, 2017
- Apr 6, 2017Committee
Referred to the Subcommittee on the Constitution and Civil Justice.
Constitution and Limited Government Subcommittee - Mar 24, 2017Committee
Referred to the Subcommittee on Health.
Health Subcommittee - Mar 23, 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 - Mar 23, 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.
- Mar 23, 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 - Mar 23, 2017IntroReferralIntro-H
Introduced in House
- Mar 23, 2017IntroReferral1000
Introduced in House