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United States · Bill · HR

H.R. 5 (112th)

Protecting Access to Healthcare Act

openUnited States· United States Congress· EN

Introduced

24 January 2011

Last action

16 April 2012 · Calendars

Status

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.

Sponsors

Rep. Gingrey, Phil [R-GA-11], David Scott, LAMAR SMITH, Pete Sessions, Rep. Rogers, Mike J. [R-MI-8], Marsha Blackburn, Rep. Platts, Todd Russell [R-PA-19], Charles Dent, David Roe, Rep. Fleming, John [R-LA-4], Rep. Myrick, Sue Wilkins [R-NC-9], KEVIN BRADY, Trent Franks, Tom Price, Rob Bishop, Eric Crawford, Rep. Burton, Dan [R-IN-6], Larry Bucshon, Doug Lamborn, Joe Wilson, Rep. Herger, Wally [R-CA-2], Bill Flores, Kenny Marchant, Stevan Pearce, Tom McClintock, Andy Harris, Rep. Huelskamp, Tim [R-KS-1], Gregg Harper, Rep. Bilbray, Brian P. [R-CA-50], ED ROYCE, Rep. Grimm, Michael G. [R-NY-11], JOHN SHIMKUS, Sam Graves, Rep. Biggert, Judy [R-IL-13], Rep. Stearns, Cliff [R-FL-6], Sen. Heller, Dean [R-NV], Rep. Garrett, Scott [R-NJ-5], Rep. Westmoreland, Lynn A. [R-GA-3], Bill Johnson, Michael Simpson, Rep. Akin, W. Todd [R-MO-2], Harold Rogers, GREG WALDEN, Dennis Ross, Rep. Wolf, Frank R. [R-VA-10], Rep. Quayle, Benjamin [R-AZ-3], K. Conaway, Bob Gibbs

Subjects

Healthcare

Source updated

5 December 2025

Healthcare

Summary

Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2011 - Sets conditions for lawsuits arising from health care liability claims regarding 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. 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 decreasing percentage based on the increasing value of the amount awarded. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence 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. Denies punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards. Provides for periodic payments of future damages.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 24 January 2011

    Introduced

    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.

    Source: IntroReferral

  2. 24 January 2011

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 24 January 2011

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 9 February 2011

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  5. 16 February 2011

    Vote

    Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 15.

    Source: Committee

  6. 16 February 2011

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  7. 17 March 2011

    Introduced

    House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 13, 2011.

    Source: IntroReferral

  8. 17 March 2011

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 112-39, Part I.

    Source: Committee

  9. 17 March 2011

    Reported

    Reported (Amended) by the Committee on Judiciary. H. Rept. 112-39, Part I.

    Source: Committee

  10. 10 May 2011

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  11. 11 May 2011

    Vote

    Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 20.

    Source: Committee

  12. 11 May 2011

    Committee

    Committee Consideration and Mark-up Session Held.

    Source: Committee

  13. 13 May 2011

    Introduced

    House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 23, 2011.

    Source: IntroReferral

  14. 23 May 2011

    Calendars

    Placed on the Union Calendar, Calendar No. 47.

    Source: Calendars

  15. 23 May 2011

    Reported

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-39, Part II.

    Source: Committee

  16. 23 May 2011

    Reported

    Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 112-39, Part II.

    Source: Committee

  17. 16 March 2012

    Committee

    Supplemental report filed by the Committee on Judiciary, H. Rept. 112-39, Part III.

    Source: Committee

  18. 16 March 2012

    Committee

    Supplemental report filed by the Committee on Judiciary, H. Rept. 112-39, Part III.

    Source: Committee

  19. 20 March 2012

    Reported

    Rules Committee Resolution H. Res. 591 Reported to House. Rule provides for consideration of H.R. 5 with 6 hours 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. Specified amendments are in order. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-18 shall be considered as adopted and the bill, as amended, shall be considered as original text for the purpose of amendment. The resolution waives all points of order against provisions in the bill, as amended.

    Source: Floor

  20. 21 March 2012

    Floor

    Committee of the Whole House on the state of the Union rises leaving H.R. 5 as unfinished business.

    Source: Floor

  21. 21 March 2012

    Passed

    On motion to rise Agreed to by voice vote.

    Source: Floor

  22. 21 March 2012

    Floor

    Mr. Smith (TX) moved that the Committee rise.

    Source: Floor

  23. 21 March 2012

    Floor

    Rule provides for consideration of H.R. 5 with 6 hours 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. Specified amendments are in order. The resolution provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-18 shall be considered as adopted and the bill, as amended, shall be considered as original text for the purpose of amendment. The resolution waives all points of order against provisions in the bill, as amended.

    Source: Floor

  24. 21 March 2012

    Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 591 and Rule XVIII.

    Source: Floor

  25. 21 March 2012

    Floor

    The Speaker designated the Honorable Lynn A. Westmoreland to act as Chairman of the Committee.

    Source: Floor

  26. 21 March 2012

    Floor

    Considered under the provisions of rule H. Res. 591. (consideration: CR H1453-1490)

    Source: Floor

  27. 21 March 2012

    Passed

    Rule H. Res. 591 passed House.

    Source: Floor

  28. 22 March 2012

    Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

    Source: Calendars

  29. 22 March 2012

    Passed

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

    Source: Floor

  30. 22 March 2012

    Vote

    On passage Passed by recorded vote: 223 - 181, 4 Present (Roll no. 126).

    Source: Floor

  31. 22 March 2012

    Vote

    Passed/agreed to in House: On passage Passed by recorded vote: 223 - 181, 4 Present (Roll no. 126).

    Source: Floor

  32. 22 March 2012

    Vote

    On motion to recommit with instructions Failed by recorded vote: 180 - 229, 2 Present (Roll no. 125). (consideration: CR H1518)

    Source: Floor

  33. 22 March 2012

    Floor

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1517)

    Source: Floor

  34. 22 March 2012

    Floor

    Mr. Loebsack moved to recommit with instructions to Ways and Means and Energy and Commerce. (consideration: CR H1516-1518; text: CR H1516)

    Source: Floor

  35. 22 March 2012

    Passed

    The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H1501-1503)

    Source: Floor

  36. 22 March 2012

    Floor

    The previous question was ordered pursuant to the rule. (consideration: CR H1515)

    Source: Floor

  37. 22 March 2012

    Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5.

    Source: Floor

  38. 22 March 2012

    Floor

    DEBATE - Pursuant to the provisions of H. Res. 591, the Committee of the Whole proceeded with 10 minutes of debate on the Woodall amendment.

    Source: Floor

  39. 22 March 2012

    Floor

    The House resolved into Committee of the Whole House on the state of the Union for further consideration.

    Source: Floor

  40. 22 March 2012

    Floor

    Considered as unfinished business. (consideration: CR H1501-1519)

    Source: Floor

  41. 26 March 2012

    Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 338.

    Source: Calendars

  42. 27 March 2012

    Floor

    Senate returned papers to House by Unanimous Consent.

    Source: Floor

  43. 28 March 2012

    Floor

    Message on Senate action sent to the House.

    Source: Floor

  44. 29 March 2012

    Calendars

    Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

    Source: Calendars

  45. 16 April 2012

    Calendars

    Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 353.

    Source: Calendars

Votes

No vote records are attached yet.

Versions

Documents

18 official files

Placed on Calendar Senate (text)

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Sponsors

Showing 48 of 137 sponsors and actors.

Related records

Sources

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