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HR 3656 116th Congress House Health Civil actions and liability Drug safety, medical device, and laboratory regulation Evidence and witnesses Health care quality Health facilities and institutions Health information and medical records Health personnel Health technology, devices, supplies Legal fees and court costs Medical education Prescription drugs

ACCESS Act of 2019

Introduced: July 9, 2019 Introduced by: Hudson, Richard Republican · North Carolina See on congress.gov
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 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 10, 2019
Referred to the Subcommittee on Health.
Jul 9, 2019
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.
Jul 9, 2019
Introduced in House
 Plain-English summary Congressional Research Service

Accessible Care by Curbing Excessive lawSuitS Act of 2019 or ACCESS Act of 2019

This bill establishes rules for health care lawsuits where some amount of coverage or care was provided or paid for by a federal program, regardless of the number of other parties to the claim.

The bill sets a three-year maximum statute of limitations from the date of the injury, subject to specific exceptions. Further, noneconomic damages (e.g., damages for pain and suffering) are limited to a maximum of $250,000. The bill permits courts to supervise and limit contingent fees paid to attorneys and sets a maximum contingent fee percentage based on a downward sliding scale as a damages increase.

The bill permits either party to introduce evidence of collateral source benefits (e.g., workers’ compensation programs, accident insurance coverage, or other future benefit). Statements by a health care provider expressing fault, sympathy, or apology are, however, inadmissible as evidence of liability.

Additionally, a plaintiff must give 90 days’ notice to the health care provider before filing a lawsuit. When filing a health care lawsuit, plaintiffs also must simultaneously submit an affidavit in support of the claim from a health care professional who meets the standards for an expert witness that are provided in the bill.

This bill generally does not preempt state laws that impose additional limits on health care liability claims.

What's happening now July 10, 2019

Referred to the Subcommittee on Health.

 Committees of jurisdiction 3
 Cosponsors 1
All 1 Republican 1