S. 244 · 110th Congress
Healthy Mothers and Healthy Babies Access to Care Act
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Never voted on. It didn't reach a floor vote before the 110th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
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GreggSponsor12 cosponsors · 12 R
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Allard
LA
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Alexander
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Cornyn
JD
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DeMint
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Dole
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Ensign
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Inhofe
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McConnell
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Sessions
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Thune
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Voinovich
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Lott11 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Healthy Mothers and Healthy Babies Access to Care Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological services.
What it does: CRS summary · Introduced in Senate · Jan 10, 2007
Healthy Mothers and Healthy Babies Access to Care Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological services.
Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
Requires a court to impose sanctions for the filing of frivolous lawsuits.
Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.
Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded.
Prescribes qualifications for expert witnesses.
Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under federal or state law.
Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000.
Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug, biological product, or medical device for an approved indication.
Provides for periodic payments of future damage awards.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Healthy Mothers and Healthy Babies Access to Care Act
Latest action (Jan 10, 2007): Read twice and referred to the Committee on the Judiciary.
Policy area: Law · Origin: Senate · Introduced: Jan 10, 2007
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.