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MS HB1393

Bill

Status

Failed

1/31/2017

Primary Sponsor

Andy Gipson

Click for details

Origin

House of Representatives

2017 Regular Session

AI Summary

  • Limits nursing home negligence lawsuits to only claims brought against the nursing facility licensee and its management or consulting company, with exceptions requiring court approval after a motion hearing to establish sufficient evidence of duty and breach.

  • Prohibits passive investors (non-participating individuals, lenders, vendors, or entities) from being named as defendants in nursing home negligence actions.

  • Restricts survey results and deficiency findings from nursing facilities to use only in administrative appeals, state enforcement actions, and criminal proceedings, and prohibits their admission as evidence in health care liability claims.

  • Limits recovery of medical and health care expenses in health care liability claims to amounts actually paid or incurred, excluding write-offs, credits, discounts, and the difference between billed and collectable amounts.

  • Establishes that net worth discovery in nursing home negligence cases requires court authorization only after the claimant demonstrates substantial likelihood of success on punitive damages claims, using the least burdensome discovery method available.

Legislative Description

Nursing home negligence; regulate causes of action.

Last Action

Died In Committee

1/31/2017

Committee Referrals

Judiciary A1/16/2017

Full Bill Text

No bill text available