S 2793 · 107th Congress · Health
Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act of 2002
Bill Progress
✓
Introduced2
Committee3
Senate Vote4
House5
EnactedLatest: Read twice and referred to the Committee on the Judiciary.(2002-07-25)
Plain Language Summary
[AI summary unavailable — showing source text]
Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act of 2002 - Makes changes to the health care liability system, including compensation for injured patients and other issues arising out of health care law suits. Requires a suit to be brought within three years of the date of injury or one year after the claimant discovers or should have discovered the injury, whichever occurs first. 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. Permits the introduction of evidence of collateral source 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 their award 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. Auth…
Summarized by Claude AI · Non-partisan · For informational purposes only
Cosponsors (5)
5 Republicans