Medical Care Access Protection Act of 2006

Bill: 109-s-22
Sponsor: Sen. Ensign, John [R-NV]
Introduced: 2006-05-03 in the Senate
Policy area: Law
Subjects: Alternative dispute resolution
Civil procedure
Commerce
Conflict of interests
Damages
Disability insurance
Disabled
Expert witnesses
Federal preemption
Finance and Financial Sector
Frivolous lawsuits
Government Operations and Politics
Health
Health insurance
Indemnity
Labor and Employment
Legal ethics
Legal fees
Liability (Law)
Limitation of actions
Medical malpractice
Medical supplies
Negligence
Product safety
Punitive damages
State courts
State laws
Workers' compensation
Wrongful death

Summary:
action_date: 2006-05-03
text: 
Medical Care Access Protection Act of 2006 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services.
 
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.
 
Requires a court to impose sanctions for the filing of frivolous lawsuits.
 
Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. 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.
 
Prescribes qualifications for expert witnesses.
 
Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under federal or state law.
 
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.
 
 Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug, biological product, or medical device for an approved indication. 
 
Provides for periodic payments of future damage awards.


Legislative actions:
action_date: 2006-05-08
text: Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 48 - 42. Record Vote Number: 115. (consideration: CR S4146; text: CR S4146)
action_date: 2006-05-08
text: Motion to proceed to measure considered in Senate. (consideration: CR S4123-4146)
action_date: 2006-05-05
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S4096-4106)
action_date: 2006-05-05
text: Motion to proceed to consideration of measure withdrawn in Senate.
action_date: 2006-05-05
text: Cloture motion on the motion to proceed presented in Senate. (consideration: CR S4095: text: CR S4095)
action_date: 2006-05-05
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S4095)
action_date: 2006-05-04
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 422.
action_date: 2006-05-04
text: Sponsor introductory remarks on measure. (CR S4033-4034)
action_date: 2006-05-03
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2006-05-03
text: Introduced in Senate