/  H.R. 1215—Protecting Access to Care Act of 2017

H.R. 1215 - Protecting Access to Care Act of 2017

Bill Text

  • Rules Committee Print 115-10 PDF XML

    Showing the text of H.R. 1215 as ordered reported by the Committee on the Judiciary.

  • Text of H.R. 1215 PDF XML

    Protecting Access to Care Act of 2017 (as reported) 

  • H. Rept. 115-55 PDF

    Report from the Committee on the Judiciary

Rule Information

COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 7-3 on Tuesday, June 13, 2017.

FLOOR ACTION ON H. RES. 382: 
Agreed to by record vote of 235-186, after agreeing to the previous questions by record vote of 234-184 on Tuesday, June 27, 2017.

MANAGERS: Burgess/Polis

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary.

3. Waives all points of order against consideration of the bill.

4. Makes in order as original text for purpose of amendment an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115-10 and provides that it shall be considered as read.

5. Waives all points of order against that amendment in the nature of a substitute.

6. Makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
16Version 1Adams (NC)DemocratExempts from the bill claims that arise out of incidents of sexual misconduct.Submitted
17Version 2Barr (KY)RepublicanRevised Gives affirmative defense to defendants in health care liability cases if they can show they complied with clinical practice guidelines.Made In Order
18Version 2Barr (KY)RepublicanRevised Allows the removal of health care liability cases to federal court if there is a federal nexus and/or a Federal payor in the case. Requires that the case be brought in a federal court or removed to a federal court in order for the provisions of HR 1215 to apply.Submitted
21Version 1Biggs (AZ)RepublicanLate Eliminates the community rating rule of the ACASubmitted
22Version 1Biggs (AZ)RepublicanLate Allows states to opt out of all requirements of the ACA and AHCASubmitted
23Version 1Biggs (AZ)RepublicanLate Allows individuals to purchase health insurance across state lines.Submitted
20Version 1Burgess (TX), Sessions (TX)RepublicanLate Clarifies that health care services as defined in H.R. 1215 include safety, professional, and administrative services directly related to health care.Made In Order
2Version 1Cohen (TN)DemocratExempts from the bill lawsuits concerning foreign objects being left inside a patient or the performance of a wrong-patient or wrong-site surgery.Submitted
1Version 1Dent (PA)RepublicanProvides temporary liability protections to physicians, emergency and on-call specialists, who perform medical services mandated by the federal EMTALA (Emergency Medical  Treatment and Labor Act) law. Submitted
3Version 1Fitzpatrick (PA)RepublicanDeclares that an action for damages or a person's liability under state law is not affected by the federal prohibition on state or local requirements regarding medical devices. Retroactively effective and applies to pending civil actions.Submitted
4Version 2Fitzpatrick (PA)RepublicanRevised Removes product liability protection for a health care provider under the statute if the health care provider does not report to the Food and Drug Administration about significant adverse experiences (death or serious illness/injury) caused by class II or class III medical devicesSubmitted
11Version 1Fitzpatrick (PA), Johnson, Hank (GA)Bi-PartisanEnsures that the bill will not preempt any provision of a State constitution or decision made by the highest court in a State.Submitted
6Version 2Hudson (NC), Abraham (LA), Harris (MD), Roe (TN), Marshall (KS), Bucshon (IN), DesJarlais (TN)RepublicanRevised Allows a physician to apologize to a patient for an unintended outcome without having the apology count against them in the court of law. Defers to the state law where "sorry provisions" are already in statute. Requires a plaintiff to provide a notice of intent to the physician 90 days before the lawsuit is filed. Defers to state laws that directly address Notices of Intent. Requires a plaintiff to have a physician in the same specialty as the defendant physician to sign an affidavit certifying the merits of the case before the lawsuit could be brought to court. Defers to state laws that directly address Affidavits of Merit. Requires that for any “expert witness” called to testify during trial, the witness would need to meet the same licensing requirements as the defendant physician. Defers to state laws that directly address Expert Witness Qualifications. Made In Order
7Version 1Hudson (NC), Abraham (LA), Harris (MD), Roe (TN), Marshall (KS), Bucshon (IN)RepublicanWithdrawn Requires a plaintiff to have a physician in the same specialty as the defendant physician to sign an affidavit certifying the merits of the case before the lawsuit could be brought to court. Defers to state laws that directly address that same issues covered in the bill.Withdrawn
8Version 1Hudson (NC), Abraham (LA), DesJarlais (TN), Harris (MD), Marshall (KS), Bucshon (IN)RepublicanWithdrawn Allows a physician to apologize to a patient for an unintended outcome without having the apology count against them in the court of law. Defers to state laws that directly address that same issues covered in the bill.Withdrawn
9Version 1Hudson (NC), Harris (MD), Marshall (KS), Bucshon (IN)RepublicanWithdrawn Requires a plaintiff to provide a notice of intent to the physician 90 days before the lawsuit is filed. Defers to state laws that directly address that same issues covered in the bill.Withdrawn
10Version 1Jackson Lee (TX)DemocratExempts from the bill any civil action which arises out of an injury to a minor child.Submitted
12Version 1Johnson, Hank (GA)DemocratExempts nursing homes and long-term care facilities.Submitted
13Version 1McEachin (VA)DemocratExcludes all claims arising from an intentional tort.Submitted
19Version 1McEachin (VA)DemocratSpecifies that Section 6 shall not apply if a care provider prescribes a medical product for a use not approved by the FDA, or if a care provider engages in fraudulent conduct, and exempts from the definition of "health care lawsuit" claims or actions arising from similar causes.Submitted
5Version 1Nadler (NY)DemocratIncreases the bill's $250,000 cap on noneconomic damages to $1,128,000 to reflect the cost of inflation since 1975, and would index the cap for inflation going forward.Submitted
25Version 1Plaskett, (VI)DemocratLate Strikes the limitation on the opportunity of minors to bring a health care lawsuit upon reaching majority should the minor’s parent or guardian fail to bring the health care lawsuit on behalf of the injured minor.Submitted
14Version 1Raskin (MD)DemocratPrecludes the act from preempting state law permitting the use of joint and several liability in medical malpractice actions.Submitted
15Version 2Roe (TN), Hudson (NC), Marshall (KS), Bucshon (IN)RepublicanRevised Limits who qualifies as an expert witness, in medical malpractice negligence cases, based on professional qualifications as well as geographic relation to where the case in chief is being litigated.Made In Order
24Version 1Sessions (TX), Burgess (TX)RepublicanLate Begins the tolling of the statute of limitations on the date of the alleged breach or tort, rather than the date of the injury, which is not always a date certain.  The statute of limits will be three years after the alleged breach or one year after the claimant discovers the breach, whichever occurs first.Made In Order