Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011

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.

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Timeline

1. 26 May 2011

   Introduced

   Read twice and referred to the Committee on the Judiciary.

   Source: IntroReferral

2. 26 May 2011

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 26 May 2011 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 26 May 2011

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 26 May 2011

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 26 May 2011

  Open at official source

Sponsors

• Sen. Blunt, Roy [R-MO] · R · Sponsor
• Sen. Kirk, Mark Steven [R-IL] · R · Sponsor
• Sen. Heller, Dean [R-NV] · R · Cosponsor
• · ssju00 · Standing

Related records

• related to → Protecting Access to Healthcare Act
• related to → Empowering Patients First Act
• related to → Sequester Replacement Reconciliation Act of 2012
• related to → Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011