HB 1029 Summary

• Establishes requirements for claims against long-term care facilities, including mandatory written expert opinions to corroborate reasonable grounds before filing suit and a 75-day presuit notice and evaluation period.

• Restricts expert witness testimony by requiring experts to have devoted professional time during the 3 years preceding the alleged occurrence and prohibits expert witnesses from testifying on a contingency fee basis.

• Limits exclusive causes of action for residents' rights violations and negligence to claims against licensees, management companies, managing employees, and direct caregivers; bars actions against passive investors and other entities without court approval.

• Creates new requirements for punitive damages, including clear and convincing evidence standards and provisions that officers, directors, or managers must actively and knowingly participate in gross negligence or intentional misconduct for corporate liability.

• Establishes enforcement mechanisms requiring licensees to satisfy judgments or settlements within 60 days, with failure to pay potentially resulting in license revocation, denial of renewal, or denial of ownership change applications.

• Effective July 1, 2023, applies to causes of action accruing on or after that date.