Protecting Access to Care Act of 2017
This bill establishes provisions governing health care lawsuits where coverage for the care was provided or subsidized by the federal government, including through a subsidy or tax benefit. The bill does not preempt certain state laws and federal vaccine injury laws and rules.
The statute of limitations is three years after the injury or one year after the claimant discovers the injury, whichever occurs first. For a minor, the statute of limitations is three years after the injury, except for a minor under six years old, for whom it is three years after the injury, one year after discovery of the injury, or the minor's eighth birthday, whichever occurs later. These limitations are tolled under certain circumstances.
Noneconomic damages are limited to $250,000. Juries may not be informed of this limitation. Parties are liable for the amount of damages directly proportional to their responsibility. These provisions do not preempt state laws that specify a particular monetary amount of damages.
Courts must supervise the payment of damages and may restrict attorney contingency fees. The bill sets limits on contingency fees.
Certain evidence regarding collateral source benefits (e.g., insurance payments) may be introduced in lawsuits involving injury or wrongful death. Providers of collateral source benefits may not recover any amount from the claimant in such a lawsuit. These provisions do not apply if Medicare is a secondary payer or there is third party liability for Medicaid services.
The bill provides for periodic payment of future damage awards.
A health care provider who prescribes, or dispenses pursuant to a prescription, a medical product approved by the Food and Drug Administration may not be a party to a product liability lawsuit or a class action lawsuit regarding the medical product.| Action Date | Type | Text | Source |
|---|---|---|---|
| 2017-06-29 | IntroReferral | Received in the Senate and Read twice and referred to the Committee on the Judiciary. | Senate |
| 2017-06-28 | Floor | Motion to reconsider laid on the table Agreed to without objection. | House floor actions |
| 2017-06-28 | Vote | On passage Passed by recorded vote: 218 - 210 (Roll no. 337). | House floor actions |
| 2017-06-28 | Vote | On motion to recommit with instructions Failed by recorded vote: 191 - 235 (Roll no. 336). | House floor actions |
| 2017-06-28 | Floor | The previous question on the motion to recommit with instructions was ordered without objection. | House floor actions |
| 2017-06-28 | Floor | Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Kuster motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to add an exemption to the underlying bill for any claim or action that pertains to the negligent prescription of opioids. | House floor actions |
| 2017-06-28 | Floor | Ms. Kuster (NH) moved to recommit with instructions to the Committee on the Judiciary. (text: CR H5275) | House floor actions |
| 2017-06-28 | Floor | The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union. | House floor actions |
| 2017-06-28 | Floor | The previous question was ordered pursuant to the rule. | House floor actions |
| 2017-06-28 | Floor | The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1215. | House floor actions |
| 2017-06-28 | Floor | UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed. | House floor actions |
| 2017-06-28 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Barr amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Barr demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day. | House floor actions |
| 2017-06-28 | Floor | DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Barr amendment No. 5. | House floor actions |
| 2017-06-28 | Floor | POSTPONED PROCEEDINGS - At the conclusion of debate on the Hudson amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Cohen demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day. | House floor actions |
| 2017-06-28 | Floor | DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Hudson amendment No. 4. | House floor actions |
| 2017-06-28 | Floor | DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Roe (TN) amendment No. 3. | House floor actions |
| 2017-06-28 | Floor | DEBATE - Pursuant to the provisions of H. Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Sessions amendment No. 2. | House floor actions |
| 2017-06-28 | Floor | DEBATE - Pursuant to the provisions of H.Res. 382, the Committee of the Whole proceeded with 10 minutes of debate on the Sessions amendment No. 1. | House floor actions |
| 2017-06-28 | Floor | GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1215. | House floor actions |
| 2017-06-28 | Floor | House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 382 and Rule XVIII. | House floor actions |
| 2017-06-28 | Floor | The Speaker designated the Honorable Garret Graves to act as Chairman of the Committee. | House floor actions |
| 2017-06-28 | Floor | Rule provides for consideration of H.R. 1215 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution makes in order as original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-10. The resolution makes in order only those amendments printed in the report. | House floor actions |
| 2017-06-28 | Floor | Considered under the provisions of rule H. Res. 382. (consideration: CR H5263-5287; text of amendment in the nature of a substitute: CR H5273-5275) | House floor actions |
| 2017-06-27 | Floor | Rule H. Res. 382 passed House. | House floor actions |
| 2017-06-13 | Floor | Rules Committee Resolution H. Res. 382 Reported to House. Rule provides for consideration of H.R. 1215 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order. The resolution makes in order as original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-10. The resolution makes in order only those amendments printed in the report. | House floor actions |
| 2017-03-22 | Calendars | Placed on the Union Calendar, Calendar No. 31. | House floor actions |
| 2017-03-22 | Discharge | Committee on Energy and Commerce discharged. | House floor actions |
| 2017-03-22 | Committee | Reported (Amended) by the Committee on Judiciary. H. Rept. 115-55, Part I. | House floor actions |
| 2017-03-03 | Committee | Referred to the Subcommittee on Health. | House committee actions |
| 2017-02-28 | Committee | Ordered to be Reported (Amended) by the Yeas and Nays: 18 - 17. | House committee actions |
| 2017-02-28 | Committee | Committee Consideration and Mark-up Session Held. | House committee actions |
| 2017-02-24 | Committee | Referred to the Subcommittee on the Constitution and Civil Justice. | House committee actions |
| 2017-02-24 | IntroReferral | 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. | House floor actions |
| 2017-02-24 | IntroReferral | 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. | House floor actions |
| 2017-02-24 | IntroReferral | Introduced in House | Library of Congress |