HB 1821 (2004) -  Medical Negligence

General Bill by Insurance (CO-SPONSORS) Berfield; Murzin
Medical Negligence: Expands a hospital’s authority to discipline members of the medical staff; specifies absence of monetary liability of a licensed facility for disciplinary actions; requires medical negligence claims against health care providers to be brought under medical malpractice provisions; authorizes licensed physicians, osteopathic physicians, and dentists to apply for an expert medical testimony certificate for medical negligence actions; deletes a requirement that medical malpractice policies authorize the insurer to admit liability or settle without the consent of the insured; expands application of a policy requirement relating to a clause stating whether an insured has the exclusive right to veto any offer of admission of liability, arbitration, or settlement; limits expert testimony regarding the prevailing professional standard of care by physicians and dentists to licensed or certified medical experts; revises the definition of the term "periodic payment" and provides requirements and procedures for periodic payments; includes application to future noneconomic damages; includes future noneconomic damages under alternative methods of payment of damage awards; authorizes defendants to elect to make lump-sum payments rather than periodic payments for future economic or future noneconomic damages; authorizes a defendant to contractually obligate companies to make payments on behalf of the defendant; provides requirements and procedures for making periodic payments; provides legislative findings and intent relating to providers of emergency services and care and public hospitals and affiliations with not-for-profit colleges and universities with medical schools and other health care practitioner educational programs; specifies nonapplicability to affiliation agreements or contracts to provide comprehensive health care services protected by sovereign immunity; expands a definition of the term "employee" to include certain health care providers; provides sovereign immunity protection to certain colleges, universities, and medical schools providing comprehensive health care services to patients at public hospitals; provides that emergency services and care personnel are agents of the state for purposes of soveriegn immunity; requires reimbursement of the state for certain costs and payments; prohibits attorneys from soliciting business in advertising relating to issues of medical negligence.
Effective Date: upon becoming a law
Last Event: Died on Second Reading Calendar on Friday, April 30, 2004 11:40 PM

PCB committee actions:

  • PCB IN 04-05 recommended by:
    Insurance

Related Bills

Bill # Subject Relationship
Bill #: HB 1357 Subject: Attorney Practices Relationship: Compare
Bill #: HB 1639 Subject: Sovereign Immunity Relationship: Compare
Bill #: SB 2948 Subject: Sovereign Immunity/Medical Schools Relationship: Compare

Bill Text

  • Original Filed Version
    • A 784593 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 84
    • A 949539 , Adams Date Filed: 03/25/04, Page#: 0, Line#: 105
    • A 834007 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 105
    • A 304755 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 141
    • A 728787 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 148
    • A 577287 , Ambler Date Filed: 03/25/04, Page#: 0, Line#: 148
    • SA 032241 , Ambler Date Filed: 03/25/04, Page#: 0, Line#: 148
    • A 331903 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 183
    • A 205183 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 218
    • A 972045 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 250
    • A 958627 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 318
    • A 228387 , Ambler Date Filed: 03/25/04, Page#: 0, Line#: 332
    • A 297925 , Ambler Date Filed: 03/25/04, Page#: 0, Line#: 333
    • A 248539 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 333
    • A 121181 , Bogdanoff Date Filed: 03/25/04, Page#: 0, Line#: 333
    • A 664693 , Sullivan Date Filed: 03/24/04, Page#: 0, Line#: 344
    • A 347105 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 404
    • A 494487 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 517
    • A 887739 , Cantens Date Filed: 03/25/04, Page#: 0, Line#: 684
    • A 917525 , Cantens Date Filed: 03/25/04, Page#: 0, Line#: 720
    • A 904681 , Cantens Date Filed: 03/25/04, Page#: 0, Line#: 736
    • A 382421 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 754
    • A 571991 , Gelber Date Filed: 03/24/04, Page#: 0, Line#: 828
    • A 549375 , Ambler Date Filed: 03/25/04, Page#: 0, Line#: 828
    • A 944137 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 828
    • A 869055 , Seiler Date Filed: 03/25/04, Page#: 0, Line#: 828
  • PCB IN 04-05

Staff Analysis

Chamber Committee
Chamber: House Committee: Insurance 3/24/2004 11:59:29 AM

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died on Second Reading Calendar Time: 04/30/2004 - 11:40 PM Member: Committee: Version:
Event: H Bill added to Second Reading Calendar Time: 04/22/2004 - 5:23 PM Member: Committee: Version:
Event: H Bill added to Second Reading Calendar Time: 03/25/2004 - 4:41 PM Member: Committee: Version:
Event: H Amendment 32241 filed timely Time: 03/25/2004 - 9:19 AM Member: Committee: Version: __
Event: H Amendment 869055 filed timely Time: 03/25/2004 - 8:02 AM Member: Committee: Version: __
Event: H Amendment 577287 filed timely Time: 03/25/2004 - 8:02 AM Member: Committee: Version: __
Event: H Amendment 121181 filed timely Time: 03/25/2004 - 8:02 AM Member: Committee: Version: __
Event: H Amendment 205183 filed timely Time: 03/25/2004 - 8:01 AM Member: Committee: Version: __
Event: H Amendment 331903 filed timely Time: 03/25/2004 - 8:01 AM Member: Committee: Version: __
Event: H Amendment 728787 filed timely Time: 03/25/2004 - 8:00 AM Member: Committee: Version: __
Event: H Amendment 304755 filed timely Time: 03/25/2004 - 7:59 AM Member: Committee: Version: __
Event: H Amendment 834007 filed timely Time: 03/25/2004 - 7:59 AM Member: Committee: Version: __
Event: H Amendment 784593 filed timely Time: 03/25/2004 - 7:58 AM Member: Committee: Version: __
Event: H Amendment 887739 filed timely Time: 03/25/2004 - 7:58 AM Member: Committee: Version: __
Event: H Amendment 949539 filed timely Time: 03/25/2004 - 7:57 AM Member: Committee: Version: __
Event: H Amendment 944137 filed timely Time: 03/25/2004 - 7:57 AM Member: Committee: Version: __
Event: H Amendment 917525 filed timely Time: 03/25/2004 - 7:56 AM Member: Committee: Version: __
Event: H Amendment 248539 filed timely Time: 03/25/2004 - 7:56 AM Member: Committee: Version: __
Event: H Amendment 972045 filed timely Time: 03/25/2004 - 7:55 AM Member: Committee: Version: __
Event: H Amendment 958627 filed timely Time: 03/25/2004 - 7:55 AM Member: Committee: Version: __
Event: H Amendment 347105 filed timely Time: 03/25/2004 - 7:54 AM Member: Committee: Version: __
Event: H Amendment 494487 filed timely Time: 03/25/2004 - 7:54 AM Member: Committee: Version: __
Event: H Amendment 382421 filed timely Time: 03/25/2004 - 7:53 AM Member: Committee: Version: __
Event: H Amendment 904681 filed timely Time: 03/25/2004 - 7:46 AM Member: Committee: Version: __
Event: H Amendment 549375 filed timely Time: 03/25/2004 - 7:44 AM Member: Committee: Version: __
Event: H Amendment 297925 filed timely Time: 03/25/2004 - 7:44 AM Member: Committee: Version: __
Event: H Amendment 228387 filed timely Time: 03/25/2004 - 7:43 AM Member: Committee: Version: __
Event: H Amendment 571991 filed timely Time: 03/24/2004 - 5:24 PM Member: Committee: Version: __
Event: H Amendment 664693 filed timely Time: 03/24/2004 - 4:00 PM Member: Committee: Version: __
Event: H 1st Reading Time: 03/23/2004 - 8:21 PM Member: Committee: Version:
Event: H Bill added to Special Order Calendar (3/25/2004 6:27:59 PM) Time: 03/23/2004 - 6:28 PM Member: Committee: Version:
Event: H Bill referred to House Calendar Time: 03/23/2004 - 5:31 PM Member: Committee: Version:
Event: H Filed timely Time: 03/23/2004 - 4:23 PM Member: Committee: Insurance Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
395.0191
415.1111
458.3175
458.320 HB 1065, HB 1921
459.0066
466.0115
627.4147
766.102 HB 1065
766.1115 HB 1121, HB 1639
766.202
768.28 HB 1639
768.78
877.025