I 
115TH CONGRESS 
1ST SESSION H. R. 1215 
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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Protecting Access to Care Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purpose. 
Sec. 3. Encouraging speedy resolution of claims. 
Sec. 4. Compensating patient injury. 
Sec. 5. Maximizing patient recovery. 
Sec. 6. Additional health benefits. 
Sec. 7. Authorization of payment of future damages to claimants in health care 
lawsuits. 
Sec. 8. Product liability for health care providers. 
Sec. 9. Definitions. 
Sec. 10. Effect on other laws. 
Sec. 11. Rules of construction. 
Sec. 12. Effective date. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.— 
(1) EFFECT
ON
HEALTH
CARE
ACCESS
AND 
COSTS.—Congress finds that the current civil justice 
system is adversely affecting patient access to health 
care services, better patient care, and cost-efficient 
health care, in that the health care liability system 
without reform is a costly and inefficient mechanism 
for resolving claims of health care liability and com-
pensating injured patients, and is a deterrent to the 
sharing of information among health care profes-
sionals which impedes efforts to improve patient 
safety and quality of care. 
(2) EFFECT ON FEDERAL SPENDING.— 
(A) Congress finds that the health care li-
ability litigation systems existing throughout 
the United States have a significant effect on 
the amount, distribution, and use of Federal 
funds because of— 
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(i) the large number of individuals 
who receive health care benefits under pro-
grams operated or financed by the Federal 
Government; 
(ii) the large number of individuals 
who benefit because of the exclusion from 
Federal taxes of the amounts spent to pro-
vide them with health insurance benefits; 
and 
(iii) the large number of health care 
providers who provide items or services for 
which the Federal Government makes pay-
ments. 
(B) Congress finds that the Federal deficit 
would be reduced by $62 billion over the next 
decade if Federal health care liability reforms 
were enacted, as verified by the Congressional 
Budget Office. 
(3) EFFECT
ON
INTERSTATE
COMMERCE.— 
Congress finds that the health care and insurance 
industries are industries affecting interstate com-
merce and the health care liability litigation systems 
existing throughout the United States are activities 
that affect interstate commerce by contributing to 
the high costs of health care and premiums for 
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health care liability insurance purchased by health 
care system providers. 
(b) PURPOSE.—It is the purpose of this Act to imple-
ment reasonable, comprehensive, and effective health care 
liability reforms designed to— 
(1) improve the availability of health care serv-
ices in cases in which health care liability actions 
have been shown to be a factor in the decreased 
availability of services; 
(2) reduce the incidence of ‘‘defensive medi-
cine’’ and lower the cost of health care liability in-
surance, all of which contribute to the escalation of 
health care costs; 
(3) ensure that persons with meritorious health 
care injury claims receive fair and adequate com-
pensation, including reasonable noneconomic dam-
ages; 
(4) improve the fairness and cost-effectiveness 
of our current health care liability system to resolve 
disputes over, and provide compensation for, health 
care liability by reducing uncertainty in the amount 
of compensation provided to injured individuals; and 
(5) provide an increased sharing of information 
in the health care system which will reduce unin-
tended injury and improve patient care. 
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SEC. 3. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS. 
(a) STATUTE OF LIMITATIONS.—The time for the 
commencement of a health care lawsuit shall be 3 years 
after the date of injury or 1 year after the claimant dis-
covers, or through the use of reasonable diligence should 
have discovered, the injury, whichever occurs first. In no 
event shall the time for commencement of a health care 
lawsuit exceed 3 years after the date of injury unless tolled 
for any of the following— 
(1) upon proof of fraud; 
(2) intentional concealment; or 
(3) the presence of a foreign body, which has no 
therapeutic or diagnostic purpose or effect, in the 
person of the injured person. 
Actions by a minor shall be commenced within 3 years 
from the date of the injury except that actions by a minor 
under the full age of 6 years shall be commenced within 
3 years of injury, or 1 year after the injury is discovered, 
or through the use of reasonable diligence should have 
been discovered, or prior to the minor’s 8th birthday, 
whichever provides a longer period. Such time limitation 
shall be tolled for minors for any period during which a 
parent or guardian and a health care provider have com-
mitted fraud or collusion in the failure to bring an action 
on behalf of the injured minor. 
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