S. 607 · 108th Congress
HEALTH Act of 2003
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Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
EnsignSponsor7 cosponsors · 7 R
5 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2003 - Makes changes to the health care liability system, including compensation for injured patients and other issues arising out of health care law suits.
What it does: CRS summary · Introduced in Senate · Mar 12, 2003
Requires a suit to be brought within three years of the date of the manifestation of injury or one year after the claimant discovers or should have discovered the injury, whichever occurs first. Specifies exceptions, and rules for actions brought by minors.
Sets forth requirements and permissible recovery amounts for compensating patient injury, including: (1) the full amount of economic loss without limitation; (2) noneconomic damages as specified; and (3) a fair share rule.
Requires the court to supervise payment-of-damage arrangements, limiting contingency fees.
Provides for a reduction in damage awards by the amount of collateral source benefits to which a claimant is entitled, less any insurance premiums or payments made to obtain such benefits.
Limits the availability of punitive damages, requiring clear and convincing evidence of malicious intent to injure or a deliberate failure to avoid substantially certain, unnecessary injury. Prohibits any demand for punitive damages from being included in a health care lawsuit as initially filed. Prohibits the award of punitive damages for products that comply with Food and Drug Administration (FDA) standards, absent material and knowing misrepresentation by those submitting required approval or clearance information to the FDA.
Authorizes periodic payment of future damages to claimants.
Excludes suits for vaccine-related death or injury from the requirements of this Act if otherwise covered under the National Vaccine Injury Compensation Program.
Preempts any Federal or State law unless such law imposes greater protections from liability, loss, or damages for a health care provider, a health care organization, or for the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: HEALTH Act of 2003
Also known as: Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2003
Latest action (Mar 13, 2003): Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 33.
Policy area: Health · Origin: Senate · Introduced: Mar 12, 2003
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.