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IN SB0152
Bill
Status
1/5/2016
Primary Sponsor
Brent Steele
Click for details
AI Summary
Senate Bill 152 Summary
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Increases maximum total recovery in medical malpractice actions from $1,250,000 to $1,650,000 for malpractice occurring after December 31, 2016.
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Increases maximum recovery from individual health care providers from $250,000 to $450,000 for malpractice occurring after December 31, 2016.
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Requires the insurance commissioner to adjust both caps based on Consumer Price Index increases beginning January 1, 2019, and every four years thereafter if CPI increased during that period, rounded up to the nearest $5,000.
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Raises the damage threshold for bypassing medical review panels from $15,000 to $75,000, allowing patients to file directly in court for claims at or below that amount.
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Increases plaintiff attorney fees from patient compensation fund recoveries from 15% to 31%, and modifies periodic payment agreement requirements to 75% of the health care provider's maximum liability cap.
Legislative Description
Medical malpractice. Increases the maximum amount recoverable for an injury or a death of a patient in a medical malpractice action from $1,250,000 to $1,650,000 after December 31, 2016. Increases the maximum amount recoverable from a health care provider in a medical malpractice action from $250,000 to $450,000 after December 31, 2016. Requires the insurance commissioner to increase these maximum amounts based on percentage increases of the Consumer Price Index (CPI): (1) beginning January 1, 2019, if there was an overall CPI percentage increase for calendar years 2016, 2017, and 2018; and (2) on January 1 every four calendar years
Last Action
Senator Randolph added as coauthor
1/25/2016