Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005

Bill: 109-hr-5
Sponsor: Rep. Gingrey, Phil [R-GA-11]
Introduced: 2005-07-21 in the House
Policy area: Health
Subjects: Accident insurance
Blood
Bribery
Child health
Civil actions and liability
Collection of accounts
Commerce
Conflict of interests
Crime and Law Enforcement
Damages
Department of Health and Human Services
Disability insurance
Disabled
Drug approvals
Drug industry
Drugs
Evidence (Law)
Families
Federal officials
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Fraud
Government Operations and Politics
Health care fraud
Health insurance
Labeling
Labor and Employment
Law
Legal fees
Liability (Law)
Liability insurance
Licenses
Liens
Limitation of actions
Medical malpractice
Medical supplies
Minors
Misconduct in office
Packaging
Parties to actions
Product safety
Products liability
Punitive damages
State laws
Vaccines
Workers' compensation

Summary:
action_date: 2005-07-21
text: 
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of 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. 
Provides that nothing in this Act limits recovery of the full amount of available economic damages. 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. 
Prescribes qualifications for expert witnesses. 
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. 
Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards.
 
Provides for periodic payments of future damage awards. 
 
 
 
 
 
 

action_date: 2005-07-28
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. 
 
 (Sec. 3) Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, or should have discovered the injury, whichever comes first, unless tolled on the basis of fraud, intentional concealment, or the presence of a foreign body in the injured person. Provides that lawsuits on behalf of minors under the age of six years must be commenced within three years of the manifestation of the injury or prior to their eighth birthday, whichever provides the longer period, with certain exceptions. 
(Sec. 4) Declares that nothing in this Act limits the recovery of economic damages. Limits noneconomic damages to $250,000. Prohibits the jury from being informed of such limit. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. 
(Sec. 5) Requires court supervision over payment arrangements to protect against conflicts of interest that may reduce the amount of damages awarded that are actually paid to claimants. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a percentage based on the amount awarded. 
(Sec. 6) Allows: (1) any party to a lawsuit involving injury or wrongful death to introduce evidence of collateral source benefits; and (2) any opposing party to then introduce evidence of any amount paid or contributed to secure the right to such benefits. Prevents providers of such benefits from recovering any amount from the claimant's recovery or from being subrogated to the right of the claimant. 
 
(Sec. 7) Allows an award of punitive damages only if: (1) the claimant proves by clear and convincing evidence that the person acted with malicious intent to injure the claimant, or that such person deliberately failed to avoid unnecessary injury that such person knew the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Establishes procedural requirements for a claim for punitive damages. Enumerates the factors to be considered for an award of punitive damages, including the severity of harm caused by the conduct of the party, the duration of the conduct or any concealment of it, the profitability of the conduct, and any criminal penalties imposed. Limits punitive damages to the greater of $250,000 or two times the amount of economic damages awarded. Prohibits the jury from being informed of such limit. 
Prohibits a punitive damage award in a product liability suit against a manufacturer, distributor, or supplier of a medical product that has been approved by the Food and Drug Administration (FDA) or that is generally recognized among qualified experts as safe and effective pursuant to conditions established by the FDA. Provides exceptions if: (1) the trier of fact finds by clear and convincing evidence that the product is substantially out of compliance with applicable labeling or packaging regulations; (2) a person knowingly misrepresented or withheld from the FDA required information that is material and causally related to the harm suffered by the claimant; or (3) an illegal payment is made to an FDA official to secure approval of the medical product. Prohibits a product liability suit against a medical care provider who prescribes or dispenses such a medical product approved by the FDA.
 
(Sec. 8) Provides for periodic payments of future damage awards over $50,000. 
 
(Sec. 10) Exempts civil actions brought for vaccine-related injuries from this act to the extent that they are covered by the Public Health Service Act.
 
(Sec. 11) Preempts state law to the extent that it prevents the application of any provision of law established by this Act, but does not: (1) preempt state law that provides greater protections for health care providers or organizations or that specifies particular damage limits; or (2) affect any defenses available to a party under any other provision of state or federal law.
 
(Sec. 13) Expresses the sense of Congress that a health insurer should be liable for damages for harm caused when it makes a decision as to what care is medically necessary and appropriate.


Legislative actions:
action_date: 2005-07-29
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2005-07-28
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-07-28
text: On passage Passed by recorded vote: 230 - 194, 2 Present (Roll no. 449). (text: CR H6974-6977)
action_date: 2005-07-28
text: Passed/agreed to in House: On passage Passed by recorded vote: 230 - 194, 2 Present (Roll no. 449).(text: CR H6974-6977)
action_date: 2005-07-28
text: On motion to recommit with instructions Failed by the Yeas and Nays: 193 - 234, 1 Present (Roll no. 448).
action_date: 2005-07-28
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7011)
action_date: 2005-07-28
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Conyers motion to recommit with instructions.
action_date: 2005-07-28
text: Mr. Conyers moved to recommit with instructions to Judiciary and Energy and Commerce. (consideration: CR H7007-7012; text: CR H7007-7010)
action_date: 2005-07-28
text: The previous question was ordered pursuant to the rule. (consideration: CR H7007)
action_date: 2005-07-28
text: DEBATE - The House proceeded with two hours of debate on H.R. 5.
action_date: 2005-07-28
text: Rule provides for consideration of H.R. 5 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. During consideration of H.R. 5, pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker. Measure will be considered read. Bill is closed to amendments.
action_date: 2005-07-28
text: Considered under the provisions of rule H. Res. 385. (consideration: CR H6974-7013)
action_date: 2005-07-27
text: Rule H. Res. 385 passed House.
action_date: 2005-07-26
text: Rules Committee Resolution H. Res. 385 Reported to House. Rule provides for consideration of H.R. 5 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. During consideration of H.R. 5, pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker. Measure will be considered read. Bill is closed to amendments.
action_date: 2005-07-22
text: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
action_date: 2005-07-21
text: 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.
action_date: 2005-07-21
text: 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.
action_date: 2005-07-21
text: 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.
action_date: 2005-07-21
text: Introduced in House
action_date: 2005-07-21
text: Introduced in House