Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2004

Summary

Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2004 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. 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. Allows the recovery of unlimited economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a percentage based on the amount awarded. Allows: (1) any party to a lawsuit involving injury or wrongful death to introduce evidence of collateral source benefits; and (2) any opposing party to then introduce evidence of any amount paid or contributed to secure the right to such benefits. Authorizes the award of punitive damages only where: (1) it is proven 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. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration standards. Provides for periodic payments of future damage awards.

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Documents

4 official files

• Passed House without amendment

  summary · EN · 12 May 2004

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• Introduced in House (text)

  Introduced in House · EN · 5 May 2004

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• Introduced in House (PDF)

  Introduced in House · EN · 5 May 2004

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• Introduced in House

  summary · EN · 5 May 2004

  Open at official source

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