Legis Daily

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.

USA115th CongressHR-1704| House 
| Updated: 4/6/2017
Richard Hudson

Richard Hudson

Republican Representative

North Carolina

Cosponsors (2)
Lloyd Smucker (Republican)Scott R. Tipton (Republican)

Health Subcommittee, Judiciary Committee, Constitution and Limited Government Subcommittee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 23, 2017
Introduced in House
Mar 23, 2017
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 24, 2017
Referred to the Subcommittee on Health.
Apr 6, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
  • March 23, 2017
    Introduced in House


  • March 23, 2017
    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.


  • March 24, 2017
    Referred to the Subcommittee on Health.


  • April 6, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.

Health

Related Bills

  • HR 115-1215: Protecting Access to Care Act of 2017
Civil actions and liabilityDrug safety, medical device, and laboratory regulationEvidence and witnessesHealth care qualityHealth facilities and institutionsHealth information and medical recordsHealth personnelHealth technology, devices, suppliesLegal fees and court costsMedical educationPrescription drugs

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.

USA115th CongressHR-1704| House 
| Updated: 4/6/2017
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Mar 23, 2017
Introduced in House
Mar 23, 2017
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 24, 2017
Referred to the Subcommittee on Health.
Apr 6, 2017
Referred to the Subcommittee on the Constitution and Civil Justice.
  • March 23, 2017
    Introduced in House


  • March 23, 2017
    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.


  • March 24, 2017
    Referred to the Subcommittee on Health.


  • April 6, 2017
    Referred to the Subcommittee on the Constitution and Civil Justice.
Richard Hudson

Richard Hudson

Republican Representative

North Carolina

Cosponsors (2)
Lloyd Smucker (Republican)Scott R. Tipton (Republican)

Health Subcommittee, Judiciary Committee, Constitution and Limited Government Subcommittee, Energy and Commerce Committee

Health

Related Bills

  • HR 115-1215: Protecting Access to Care Act of 2017
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Civil actions and liabilityDrug safety, medical device, and laboratory regulationEvidence and witnessesHealth care qualityHealth facilities and institutionsHealth information and medical recordsHealth personnelHealth technology, devices, suppliesLegal fees and court costsMedical educationPrescription drugs