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S 2061 108th Congress Senate Health Accident insurance Civil actions and liability Civil procedure Commerce Crime and Law Enforcement Damages Disability insurance Disabled Drug approvals Drug industry Evidence (Law) Expert witnesses Families Federal preemption Finance and Financial Sector Fines (Penalties) Government Operations and Politics Gynecology Health insurance

Healthy Mothers and Healthy Babies Access to Care Act of 2003

Introduced: February 10, 2004 See on congress.gov
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 Everywhere this bill has been 9 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 24, 2004
Motion to proceed to consideration of measure withdrawn in Senate.
Feb 24, 2004
Cloture motion on the motion to proceed to consider the measure not invoked in Senate by Yea-Nay Vote. 48 - 45. Record Vote Number: 15.
Feb 24, 2004
Motion to proceed to consideration of measure considered in Senate. (consideration: CR S1467-1485, S1486-1487, S1487-1492, S1493-1503, S1505-1506)
Feb 23, 2004
Motion to proceed to consideration of measure considered in Senate. (consideration: CR S1422-1431, S1432-1436, S1437-1438, S1442-1443, S1446-1447)
Feb 12, 2004
Cloture motion on the motion to proceed to the measure presented in Senate.
Feb 12, 2004
Motion to proceed to consideration of measure made in Senate. (consideration: CR S1401)
Feb 11, 2004
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 429.
Feb 10, 2004
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Feb 10, 2004
Introduced in Senate
 Plain-English summary Congressional Research Service

Healthy Mothers and Healthy Babies Access to Care Act of 2003 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological goods or 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.

Allows the recovery of unlimited 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 percentage based on the amount awarded.

Prescribes qualifications for expert witnesses.

Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled.

Authorizes the award of punitive damages only where: (1) it is proven 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, and providers of obstetrical or gynecological products that comply with Food and Drug Administration standards.

Provides for periodic payments of future damage awards.

What's happening now February 24, 2004

Motion to proceed to consideration of measure withdrawn in Senate.

 Cosponsors 1
All 1 Republican 1