IB 

Union Calendar No. 31 

115TH CONGRESS 

1ST SESSION H. R. 1215 

[Report No. 115–55, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2017 

Mr. KING of Iowa introduced the following bill; which was 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 22, 2017 

Additional sponsors: Mr. GOODLATTE, Mr. SMITH of Texas, and Mr. FLORES

MARCH 22, 2017 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 22, 2017 

The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

[For text of introduced bill, see copy of bill as introduced on February 24, 2017] 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Pro5 tecting Access to Care Act of 2017’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of this 

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Encouraging speedy resolution of claims. 

Sec. 3. Compensating patient injury. 

Sec. 4. Maximizing patient recovery. 

Sec. 5. Authorization of payment of future damages to claimants in health care 

lawsuits. 

Sec. 6. Product liability for health care providers. 

Sec. 7. Definitions. 

Sec. 8. Effect on other laws. 

Sec. 9. Rules of construction. 

Sec. 10. Effective date. 

8 SEC. 2. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS. 

9 (a) STATUTE OF LIMITATIONS.—The time for the com10 mencement of a health care lawsuit shall be 3 years after 

11 the date of injury or 1 year after the claimant discovers, 

12 or through the use of reasonable diligence should have dis13 covered, the injury, whichever occurs first. In no event shall 

14 the time for commencement of a health care lawsuit exceed 

15 3 years after the date of injury unless tolled for any of the 

16 following— 

17 (1) upon proof of fraud; 

18 (2) intentional concealment; or 


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1 (3) the presence of a foreign body, which has no 

2 therapeutic or diagnostic purpose or effect, in the per3 son of the injured person. 

4 Actions by a minor shall be commenced within 3 years from 

5 the date of the injury except that actions by a minor under 

6 the full age of 6 years shall be commenced within 3 years 

7 of injury, or 1 year after the injury is discovered, or through 

8 the use of reasonable diligence should have been discovered, 

9 or prior to the minor’s 8th birthday, whichever provides a 

10 longer period. Such time limitation shall be tolled for mi11 nors for any period during which a parent or guardian 

12 and a health care provider have committed fraud or collu13 sion in the failure to bring an action on behalf of the in14 jured minor. 

15 (b) STATE FLEXIBILITY.—No provision of subsection 

16 (a) shall be construed to preempt any state law (whether 

17 effective before, on, or after the date of the enactment of this 

18 Act) that— 

19 (1) specifies a time period of less than 3 years 

20 after the date of injury or less than 1 year after the 

21 claimant discovers, or through the use of reasonable 

22 diligence should have discovered, the injury, for the 

23 filing of a health care lawsuit; 

24 (2) that specifies a different time period for the 

25 filing of lawsuits by a minor; 


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1 (3) that triggers the time period based on the 

2 date of the alleged negligence; or 

3 (4) establishes a statute of repose for the filing of 

4 health care lawsuit. 

5 SEC. 3. COMPENSATING PATIENT INJURY. 

6 (a) UNLIMITED AMOUNT OF DAMAGES FOR ACTUAL

7 ECONOMIC LOSSES IN HEALTH CARE LAWSUITS.—In any 

8 health care lawsuit, nothing in this Act shall limit a claim9 ant’s recovery of the full amount of the available economic 

10 damages, notwithstanding the limitation in subsection (b). 

11 (b) ADDITIONAL NONECONOMIC DAMAGES.—In any 

12 health care lawsuit, the amount of noneconomic damages, 

13 if available, shall not exceed $250,000, regardless of the 

14 number of parties against whom the action is brought or 

15 the number of separate claims or actions brought with re16 spect to the same injury. 

17 (c) NO DISCOUNT OF AWARD FOR NONECONOMIC DAM18 AGES.—For purposes of applying the limitation in sub19 section (b), future noneconomic damages shall not be dis20 counted to present value. The jury shall not be informed 

21 about the maximum award for noneconomic damages. An 

22 award for noneconomic damages in excess of $250,000 shall 

23 be reduced either before the entry of judgment, or by amend24 ment of the judgment after entry of judgment, and such re25 duction shall be made before accounting for any other reVerDate Sep 11 2014 20:36 Mar 22, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1215.RH H1215

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1 duction in damages required by law. If separate awards 

2 are rendered for past and future noneconomic damages and 

3 the combined awards exceed $250,000, the future non4 economic damages shall be reduced first. 

5 (d) FAIR SHARE RULE.—In any health care lawsuit, 

6 each party shall be liable for that party’s several share of 

7 any damages only and not for the share of any other person. 

8 Each party shall be liable only for the amount of damages 

9 allocated to such party in direct proportion to such party’s 

10 percentage of responsibility. Whenever a judgment of liabil11 ity is rendered as to any party, a separate judgment shall 

12 be rendered against each such party for the amount allo13 cated to such party. For purposes of this section, the trier 

14 of fact shall determine the proportion of responsibility of 

15 each party for the claimant’s harm. 

16 (e) STATE FLEXIBILITY.—No provision of this section 

17 shall be construed to preempt any State law (whether effec18 tive before, on, or after the date of the enactment of this 

19 Act) that specifies a particular monetary amount of eco20 nomic or noneconomic damages (or the total amount of 

21 damages) that may be awarded in a health care lawsuit, 

22 regardless of whether such monetary amount is greater or 

23 lesser than is provided for under this section. 


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1 SEC. 4. MAXIMIZING PATIENT RECOVERY. 

2 (a) COURT SUPERVISION OF SHARE OF DAMAGES AC3 TUALLY PAID TO CLAIMANTS.—In any health care lawsuit, 

4 the court shall supervise the arrangements for payment of 

5 damages to protect against conflicts of interest that may 

6 have the effect of reducing the amount of damages awarded 

7 that are actually paid to claimants. In particular, in any 

8 health care lawsuit in which the attorney for a party claims 

9 a financial stake in the outcome by virtue of a contingent 

10 fee, the court shall have the power to restrict the payment 

11 of a claimant’s damage recovery to such attorney, and to 

12 redirect such damages to the claimant based upon the inter13 ests of justice and principles of equity. In no event shall 

14 the total of all contingent fees for representing all claimants 

15 in a health care lawsuit exceed the following limits: 

16 (1) Forty percent of the first $50,000 recovered 

17 by the claimant(s). 

18 (2) Thirty-three and one-third percent of the next 

19 $50,000 recovered by the claimant(s). 

20 (3) Twenty-five percent of the next $500,000 re21 covered by the claimant(s). 

22 (4) Fifteen percent of any amount by which the 

23 recovery by the claimant(s) is in excess of $600,000. 

24 (b) APPLICABILITY.—The limitations in this section 

25 shall apply whether the recovery is by judgment, settlement, 

26 mediation, arbitration, or any other form of alternative disVerDate Sep 11 2014 20:36 Mar 22, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1215.RH H1215

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1 pute resolution. In a health care lawsuit involving a minor 

2 or incompetent person, a court retains the authority to au3 thorize or approve a fee that is less than the maximum per4 mitted under this section. The requirement for court super5 vision in the first two sentences of subsection (a) applies 

6 only in civil actions. 

7 (c) STATE FLEXIBILITY.—No provision of this section 

8 shall be construed to preempt any State law (whether effec9 tive before, on, or after the date of the enactment of this 

10 Act) that specifies a lesser percentage or lesser total value 

11 of damages which may be claimed by an attorney rep12 resenting a claimant in a health care lawsuit. 

13 SEC. 5. AUTHORIZATION OF PAYMENT OF FUTURE DAM14 AGES TO CLAIMANTS IN HEALTH CARE LAW15 SUITS. 

16 (a) IN GENERAL.—In any health care lawsuit, if an 

17 award of future damages, without reduction to present 

18 value, equaling or exceeding $50,000 is made against a 

19 party with sufficient insurance or other assets to fund a 

20 periodic payment of such a judgment, the court shall, at 

21 the request of any party, enter a judgment ordering that 

22 the future damages be paid by periodic payments, in ac23 cordance with the Uniform Periodic Payment of Judgments 

24 Act promulgated by the National Conference of Commis25 sioners on Uniform State Laws. 


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1 (b) APPLICABILITY.—This section applies to all ac2 tions which have not been first set for trial or retrial before 

3 the effective date of this Act. 

4 (c) STATE FLEXIBILITY.—No provision of this section 

5 shall be construed to preempt any State law (whether effec6 tive before, on, or after the date of the enactment of this 

7 Act) that specifies periodic payments for future damages 

8 at any amount other than $50,000 or that mandates such 

9 payments absent the request of either party. 

10 SEC. 6. PRODUCT LIABILITY FOR HEALTH CARE PRO11 VIDERS. 

12 A health care provider who prescribes, or who dis13 penses pursuant to a prescription, a medical product ap14 proved, licensed, or cleared by the Food and Drug Adminis15 tration shall not be named as a party to a product liability 

16 lawsuit involving such product and shall not be liable to 

17 a claimant in a class action lawsuit against the manufac18 turer, distributor, or seller of such product. 

19 SEC. 7. DEFINITIONS. 

20 In this Act: 

21 (1) ALTERNATIVE DISPUTE RESOLUTION SYSTEM; 

22 ADR.—The term ‘‘alternative dispute resolution sys23 tem’’ or ‘‘ADR’’ means a system that provides for the 

24 resolution of health care lawsuits in a manner other 


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1 than through a civil action brought in a State or Fed2 eral court. 

3 (2) CLAIMANT.—The term ‘‘claimant’’ means 

4 any person who brings a health care lawsuit, includ5 ing a person who asserts or claims a right to legal or 

6 equitable contribution, indemnity, or subrogation, 

7 arising out of a health care liability claim or action, 

8 and any person on whose behalf such a claim is as9 serted or such an action is brought, whether deceased, 

10 incompetent, or a minor. 

11 (3) COLLATERAL SOURCE BENEFITS.—The term 

12 ‘‘collateral source benefits’’ means any amount paid 

13 or reasonably likely to be paid in the future to or on 

14 behalf of the claimant, or any service, product, or 

15 other benefit provided or reasonably likely to be pro16 vided in the future to or on behalf of the claimant, 

17 as a result of the injury or wrongful death, pursuant 

18 to— 

19 (A) any State or Federal health, sickness, 

20 income-disability, accident, or workers’ com21 pensation law; 

22 (B) any health, sickness, income-disability, 

23 or accident insurance that provides health bene24 fits or income-disability coverage; 


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1 (C) any contract or agreement of any 

2 group, organization, partnership, or corporation 

3 to provide, pay for, or reimburse the cost of med4 ical, hospital, dental, or income-disability bene5 fits; and 

6 (D) any other publicly or privately funded 

7 program. 

8 (4) CONTINGENT FEE.—The term ‘‘contingent 

9 fee’’ includes all compensation to any person or per10 sons which is payable only if a recovery is effected on 

11 behalf of one or more claimants. 

12 (5) ECONOMIC DAMAGES.—The term ‘‘economic 

13 damages’’ means objectively verifiable monetary losses 

14 incurred as a result of the provision or use of (or fail15 ure to provide or use) health care services or medical 

16 products, such as past and future medical expenses, 

17 loss of past and future earnings, cost of obtaining do18 mestic services, loss of employment, and loss of busi19 ness or employment opportunities, unless otherwise 

20 defined under applicable state law. In no cir21 cumstances shall damages for health care services or 

22 medical products exceed the amount actually paid or 

23 incurred by or on behalf of the claimant. 

24 (6) FUTURE DAMAGES.—The term ‘‘future dam25 ages’’ means any damages that are incurred after the 


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1 date of judgment, settlement, or other resolution (in2 cluding mediation, or any other form of alternative 

3 dispute resolution). 

4 (7) HEALTH CARE LAWSUIT.—The term ‘‘health 

5 care lawsuit’’ means any health care liability claim 

6 concerning the provision of goods or services for which 

7 coverage was provided in whole or in part via a Fed8 eral program, subsidy or tax benefit, or any health 

9 care liability action concerning the provision of goods 

10 or services for which coverage was provided in whole 

11 or in part via a Federal program, subsidy or tax ben12 efit, brought in a State or Federal court or pursuant 

13 to an alternative dispute resolution system, against a 

14 health care provider regardless of the theory of liabil15 ity on which the claim is based, or the number of 

16 claimants, plaintiffs, defendants, or other parties, or 

17 the number of claims or causes of action, in which the 

18 claimant alleges a health care liability claim. Such 

19 term does not include a claim or action which is 

20 based on criminal liability; which seeks civil fines or 

21 penalties paid to Federal, State, or local government; 

22 or which is grounded in antitrust. 

23 (8) HEALTH CARE LIABILITY ACTION.—The term 

24 ‘‘health care liability action’’ means a civil action 

25 brought in a State or Federal court or pursuant to 


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1 an alternative dispute resolution system, against a 

2 health care provider regardless of the theory of liabil3 ity on which the claim is based, or the number of 

4 plaintiffs, defendants, or other parties, or the number 

5 of causes of action, in which the claimant alleges a 

6 health care liability claim. 

7 (9) HEALTH CARE LIABILITY CLAIM.—The term 

8 ‘‘health care liability claim’’ means a demand by any 

9 person, whether or not pursuant to ADR, against a 

10 health care provider, including, but not limited to, 

11 third-party claims, cross-claims, counter-claims, or 

12 contribution claims, which are based upon the provi13 sion or use of (or the failure to provide or use) health 

14 care services or medical products, regardless of the 

15 theory of liability on which the claim is based, or the 

16 number of plaintiffs, defendants, or other parties, or 

17 the number of causes of action. 

18 (10) HEALTH CARE PROVIDER.—The term 

19 ‘‘health care provider’’ means any person or entity re20 quired by State or Federal laws or regulations to be 

21 licensed, registered, or certified to provide health care 

22 services, and being either so licensed, registered, or 

23 certified, or exempted from such requirement by other 

24 statute or regulation, as well as any other individual 

25 or entity defined as a health care provider, health 


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1 care professional, or health care institution under 

2 state law. 

3 (11) HEALTH CARE SERVICES.—The term 

4 ‘‘health care services’’ means the provision of any 

5 goods or services by a health care provider, or by any 

6 individual working under the supervision of a health 

7 care provider, that relates to the diagnosis, preven8 tion, or treatment of any human disease or impair9 ment, or the assessment or care of the health of 

10 human beings. 

11 (12) MEDICAL PRODUCT.—The term ‘‘medical 

12 product’’ means a drug, device, or biological product 

13 intended for humans, and the terms ‘‘drug’’, ‘‘device’’, 

14 and ‘‘biological product’’ have the meanings given 

15 such terms in sections 201(g)(1) and 201(h) of the 

16 Federal Food, Drug and Cosmetic Act (21 U.S.C. 

17 321(g)(1) and (h)) and section 351(a) of the Public 

18 Health Service Act (42 U.S.C. 262(a)), respectively, 

19 including any component or raw material used there20 in, but excluding health care services. 

21 (13) NONECONOMIC DAMAGES.—The term ‘‘non22 economic damages’’ means damages for physical and 

23 emotional pain, suffering, inconvenience, physical im24 pairment, mental anguish, disfigurement, loss of en25 joyment of life, loss of society and companionship, 


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1 loss of consortium (other than loss of domestic serv2 ice), hedonic damages, injury to reputation, and all 

3 other nonpecuniary losses of any kind or nature in4 curred as a result of the provision or use of (or failure 

5 to provide or use) health care services or medical 

6 products, unless otherwise defined under applicable 

7 state law. 

8 (14) RECOVERY.—The term ‘‘recovery’’ means 

9 the net sum recovered after deducting any disburse10 ments or costs incurred in connection with prosecu11 tion or settlement of the claim, including all costs 

12 paid or advanced by any person. Costs of health care 

13 incurred by the plaintiff and the attorneys’ office 

14 overhead costs or charges for legal services are not de15 ductible disbursements or costs for such purpose. 

16 (15) REPRESENTATIVE.—The term ‘‘representa17 tive’’ means a legal guardian, attorney, person des18 ignated to make decisions on behalf of a patient 

19 under a medical power of attorney, or any person rec20 ognized in law or custom as a patient’s agent. 

21 (16) STATE.—The term ‘‘State’’ means each of 

22 the several States, the District of Columbia, the Com23 monwealth of Puerto Rico, the Virgin Islands, Guam, 

24 American Samoa, the Northern Mariana Islands, the 

25 Trust Territory of the Pacific Islands, and any other 


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1 territory or possession of the United States, or any 

2 political subdivision thereof. 

3 SEC. 8. EFFECT ON OTHER LAWS. 

4 (a) VACCINE INJURY.— 

5 (1) To the extent that title XXI of the Public 

6 Health Service Act establishes a Federal rule of law 

7 applicable to a civil action brought for a vaccine-re8 lated injury or death— 

9 (A) this Act does not affect the application 

10 of the rule of law to such an action; and 

11 (B) any rule of law prescribed by this Act 

12 in conflict with a rule of law of such title XXI 

13 shall not apply to such action. 

14 (2) If there is an aspect of a civil action brought 

15 for a vaccine-related injury or death to which a Fed16 eral rule of law under title XXI of the Public Health 

17 Service Act does not apply, then this Act or otherwise 

18 applicable law (as determined under this Act) will 

19 apply to such aspect of such action. 

20 (b) OTHER FEDERAL LAW.—Except as provided in 

21 this section, nothing in this Act shall be deemed to affect 

22 any defense available to a defendant in a health care law23 suit or action under any other provision of Federal law. 


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1 SEC. 9. RULES OF CONSTRUCTION. 

2 (a) HEALTH CARE LAWSUITS.—Unless otherwise spec3 ified in this Act, the provisions governing health care law4 suits set forth in this Act preempt, subject to subsections 

5 (b) and (c), State law to the extent that State law prevents 

6 the application of any provisions of law established by or 

7 under this Act. The provisions governing health care law8 suits set forth in this Act supersede chapter 171 of title 28, 

9 United States Code, to the extent that such chapter— 

10 (1) provides for a greater amount of damages or 

11 contingent fees, a longer period in which a health care 

12 lawsuit may be commenced, or a reduced applica13 bility or scope of periodic payment of future damages, 

14 than provided in this Act; or 

15 (2) prohibits the introduction of evidence regard16 ing collateral source benefits, or mandates or permits 

17 subrogation or a lien on collateral source benefits. 

18 (b) PROTECTION OF STATES’ RIGHTS AND OTHER

19 LAWS.—Any issue that is not governed by any provision 

20 of law established by or under this Act (including State 

21 standards of negligence) shall be governed by otherwise ap22 plicable State or Federal law 

23 (c) STATE FLEXIBILITY.—No provision of this Act 

24 shall be construed to preempt any defense available to a 

25 party in a health care lawsuit under any other provision 

26 of State or Federal law. 


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1 SEC. 10. EFFECTIVE DATE. 

2 This Act shall apply to any health care lawsuit 

3 brought in a Federal or State court, or subject to an alter4 native dispute resolution system, that is initiated on or 

5 after the date of the enactment of this Act, except that any 

6 health care lawsuit arising from an injury occurring prior 

7 to the date of the enactment of this Act shall be governed 

8 by the applicable statute of limitations provisions in effect 

9 at the time the cause of action accrued. 


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Union Calendar No. 31 

115TH CONGRESS 

1ST SESSION H. R. 1215 

[Report No. 115–55, Part I] 

A BILL 

To improve patient access to health care services 

on the health care delivery system. the excessive burden the liability system places and provide improved medical care by reducing 

MARCH 22, 2017 

Reported from the Committee on the Judiciary with an 

amendment 

MARCH 22, 2017 

The Committee on Energy and Commerce discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


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