The Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2011 awaits a vote in the House of Representatives after it was voted out of committee by the House Energy & Commerce Committee, according to the Ambulatory Surgery Center Association's Government Update.
The HEALTH Act had been previously endorsed by the ASCA. According to the Government Update, the proposed legislation would:
- "Set a statute of limitations of three years after the date of an injury or one year after the claimant discovers the injury, with certain exceptions;
- Limit noneconomic damages to $250,000 and make each party liable only for the amount of damages directly proportional to that party's percentage of responsibility;
- Allow the court to restrict the payment of attorney contingency fees and limit the fees to a decreasing percentage, based on the increasing value of the amount awarded;
- Authorize the award of punitive damages only when: (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. Would also limit punitive damages to the greater of two times the amount of economic damages or $250,000;
- Deny punitive damages in cases involving products that were approved, cleared, or licensed by the FDA, or are otherwise considered in compliance with FDA standards."
For more information, contact Steve Miller at the ASC Association at smiller@ascassociation.org.
Learn more about the ASC Association.
More Articles Featuring ASCA:
ASC Association Asks Members for Input on ACO Response
CMS Proposes to Alter Same-Day Surgery Restrictions
OSHA Inspections of Outpatient Care Centers Start in Four States