(d) LITIGATION COSTS DEFINED.—In this section, 
the term ‘‘litigation costs’’ include court costs, filing fees, 
expert witness fees, attorney fees, and any other costs di-
rectly related to carrying out the litigation. 
(e) SIGNIFICANTLY LESS FAVORABLE DEFINED.— 
For purposes of this section, a judgment is significantly 
less favorable than the terms of settlement if— 
(1) in the case of an offeree seeking damages, 
the offeree’s award at trial is less than 80 percent 
of the value of the terms of settlement; and 
(2) in the case of an offeree against whom dam-
ages are sought, the offeror’s award at trial is more 
than 120 percent of the value of the terms of settle-
ment. 
SEC. 14. STATUTE OF LIMITATIONS; STATUTE OF REPOSE. 
(a) STATUTE OF LIMITATIONS.—When an individual 
is injured or dies as the result of health care, the statute 
of limitations shall be as follows: 
(1) INDIVIDUALS OF AGE 12 AND OVER.—If the 
individual has attained the age of 12 years, the 
claim must be brought either— 
(A) within 2 years after the negligence oc-
curred; or 
(B) within 2 years after the health care on 
which the claim is based is completed. 
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(2) INDIVIDUALS UNDER AGE 12.—If the indi-
vidual has not attained the age of 12 years, the 
claim must be brought before the individual attains 
the age of 14 years. 
(b) STATUTE OF REPOSE.—When an individual is in-
jured or dies as the result of health care, the statute of 
repose shall be as follows: The claim must be brought 
within 10 years after the act or omission on which the 
claim is based is completed. 
(c) TOLLING.— 
(1) STATUTE OF LIMITATIONS.—The statute of 
limitations required by subsection (a) may be tolled 
if applicable law so provides, except that it may not 
be tolled on the basis of minority. 
(2) STATUTE
OF
REPOSE.—The statute of 
repose required by subsection (b) may not be tolled 
for any reason. 
SEC. 15. LIMITATION ON LIABILITY FOR GOOD SAMARI-
TANS 
PROVIDING 
EMERGENCY 
HEALTH 
CARE. 
(a) WILLFUL
OR
WANTON
NEGLIGENCE
RE-
QUIRED.—A health care practitioner or health care insti-
tution that provides emergency health care on a Good Sa-
maritan basis is not liable for damages caused by that care 
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except for willful or wanton negligence or more culpable 
misconduct. 
(b) GOOD SAMARITAN BASIS.—For purposes of this 
section, care is provided on a Good Samaritan basis if it 
is not provided for or in expectation of remuneration. 
Being entitled to remuneration is relevant to, but is not 
determinative of, whether it is provided for or in expecta-
tion of remuneration. 
SEC. 16. DEFINITIONS. 
In this Act: 
(1) HEALTH
CARE
INSTITUTION.—The term 
‘‘health care institution’’ includes institutions such 
as— 
(A) an ambulatory surgical center; 
(B) an assisted living facility; 
(C) an emergency medical services pro-
vider; 
(D) a home health agency; 
(E) a hospice; 
(F) a hospital; 
(G) a hospital system; 
(H) an intermediate care facility for the 
mentally retarded; 
(I) a nursing home; and 
(J) an end stage renal disease facility. 
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(2) HEALTH CARE PRACTITIONER.—The term 
‘‘health care practitioner’’ includes a physician and 
a physician entity. 
(3) PHYSICIAN ENTITY.—The term ‘‘physician 
entity’’ includes— 
(A) a partnership or limited liability part-
nership created by a group of physicians; 
(B) a company created by physicians; and 
(C) a nonprofit health corporation whose 
board is composed of physicians. 
Æ 
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