On June 28th, the Protecting Access to Care Act passed through the House by a vote of 218-210. The bill was passed chiefly along party lines and establishes provisions governing healthcare lawsuits where coverage for the care was provided or subsidized by the federal government. The bill would impose a $250,000 cap on non-economic damages that could be brought in most medical malpractice lawsuits. Exceptions to this cap include, emotional distress, suffering, and mental anguish.
The bill would allow certain evidence regarding collateral source benefits to potentially be introduced in lawsuits involving injury or wrongful death. Providers of collateral source benefits may not recover any amount from the claimant in such a lawsuit. These provisions do not apply if Medicare is a secondary payer or there is third party liability for Medicaid services.
The bill moves to the Sentate, where it faces an uphill climb. It needs 60 votes to pass, which means Republican supporters would need to bring in eight Democrats/Independents into the fold.
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