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HR 1086 111th Congress House Health Alternative dispute resolution, mediation, arbitration Civil actions and liability Evidence and witnesses Health care costs and insurance Health care coverage and access Health care quality Health personnel Health technology, devices, supplies Judicial procedure and administration Lawyers and legal services Prescription drugs Product safety and quality

Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2009

Introduced: February 13, 2009 See on congress.gov
 Everywhere this bill has been 5 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Feb 23, 2009
Referred to the Subcommittee on Health.
Feb 13, 2009
Referred to House Energy and Commerce
Feb 13, 2009
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.
Feb 13, 2009
Referred to House Judiciary
Feb 13, 2009
Introduced in House
 Plain-English summary Congressional Research Service

Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2009 - Sets conditions for lawsuits arising from health care liability claims regarding 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.

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.

Denies punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards.

Provides for periodic payments of future damages.

What's happening now February 23, 2009

Referred to the Subcommittee on Health.

 Committees of jurisdiction 3