Legis Daily

ACCESS Act of 2022

USA117th CongressHR-9584| House 
| Updated: 12/15/2022
Richard Hudson

Richard Hudson

Republican Representative

North Carolina

Cosponsors (1)
J. Luis Correa (Democratic)

Judiciary Committee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Accessible Care by Curbing Excessive lawSuitS Act of 2022 or the ACCESS Act of 2022 This bill establishes rules for health care lawsuits where some amount of coverage or care was provided or paid for by a federal program, regardless of the number of other parties to the claim. The bill sets a three-year maximum statute of limitations from the date of the injury, subject to specific exceptions. Further, noneconomic damages (e.g., damages for pain and suffering) are limited to a maximum of $250,000. The bill permits courts to supervise and limit contingent fees paid to attorneys and sets a maximum contingent fee percentage based on a downward sliding scale as a damages increase. The bill permits either party to introduce evidence of collateral source benefits (e.g., workers’ compensation programs, accident insurance coverage, or other future benefit). Statements by a health care provider expressing fault, sympathy, or apology are, however, inadmissible as evidence of liability. Additionally, a plaintiff must give 90 days’ notice to the health care provider before filing a lawsuit. When filing a health care lawsuit, plaintiffs also must simultaneously submit an affidavit in support of the claim from a health care professional who meets the standards for an expert witness that are provided in the bill. This bill generally does not preempt state laws that impose additional limits on health care liability claims.
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Timeline

Bill from Previous Congress

HR 116-7683
ACCESS Act

Bill from Previous Congress

HR 116-7427
ACCESS Act

Bill from Previous Congress

HR 116-6487
ACCESS Act

Bill from Previous Congress

HR 116-4099
ACCESS Act

Bill from Previous Congress

HR 116-3656
ACCESS Act of 2019

Bill from Previous Congress

HR 116-1326
ACCESS Act
May 25, 2022

Latest Companion Bill Action

S 117-4309
Introduced in Senate
Dec 15, 2022
Introduced in House
Dec 15, 2022
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • Bill from Previous Congress

    HR 116-7683
    ACCESS Act


  • Bill from Previous Congress

    HR 116-7427
    ACCESS Act


  • Bill from Previous Congress

    HR 116-6487
    ACCESS Act


  • Bill from Previous Congress

    HR 116-4099
    ACCESS Act


  • Bill from Previous Congress

    HR 116-3656
    ACCESS Act of 2019


  • Bill from Previous Congress

    HR 116-1326
    ACCESS Act


  • May 25, 2022

    Latest Companion Bill Action

    S 117-4309
    Introduced in Senate


  • December 15, 2022
    Introduced in House


  • December 15, 2022
    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Health

ACCESS Act of 2022

USA117th CongressHR-9584| House 
| Updated: 12/15/2022
Accessible Care by Curbing Excessive lawSuitS Act of 2022 or the ACCESS Act of 2022 This bill establishes rules for health care lawsuits where some amount of coverage or care was provided or paid for by a federal program, regardless of the number of other parties to the claim. The bill sets a three-year maximum statute of limitations from the date of the injury, subject to specific exceptions. Further, noneconomic damages (e.g., damages for pain and suffering) are limited to a maximum of $250,000. The bill permits courts to supervise and limit contingent fees paid to attorneys and sets a maximum contingent fee percentage based on a downward sliding scale as a damages increase. The bill permits either party to introduce evidence of collateral source benefits (e.g., workers’ compensation programs, accident insurance coverage, or other future benefit). Statements by a health care provider expressing fault, sympathy, or apology are, however, inadmissible as evidence of liability. Additionally, a plaintiff must give 90 days’ notice to the health care provider before filing a lawsuit. When filing a health care lawsuit, plaintiffs also must simultaneously submit an affidavit in support of the claim from a health care professional who meets the standards for an expert witness that are provided in the bill. This bill generally does not preempt state laws that impose additional limits on health care liability claims.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 116-7683
ACCESS Act

Bill from Previous Congress

HR 116-7427
ACCESS Act

Bill from Previous Congress

HR 116-6487
ACCESS Act

Bill from Previous Congress

HR 116-4099
ACCESS Act

Bill from Previous Congress

HR 116-3656
ACCESS Act of 2019

Bill from Previous Congress

HR 116-1326
ACCESS Act
May 25, 2022

Latest Companion Bill Action

S 117-4309
Introduced in Senate
Dec 15, 2022
Introduced in House
Dec 15, 2022
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  • Bill from Previous Congress

    HR 116-7683
    ACCESS Act


  • Bill from Previous Congress

    HR 116-7427
    ACCESS Act


  • Bill from Previous Congress

    HR 116-6487
    ACCESS Act


  • Bill from Previous Congress

    HR 116-4099
    ACCESS Act


  • Bill from Previous Congress

    HR 116-3656
    ACCESS Act of 2019


  • Bill from Previous Congress

    HR 116-1326
    ACCESS Act


  • May 25, 2022

    Latest Companion Bill Action

    S 117-4309
    Introduced in Senate


  • December 15, 2022
    Introduced in House


  • December 15, 2022
    Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Richard Hudson

Richard Hudson

Republican Representative

North Carolina

Cosponsors (1)
J. Luis Correa (Democratic)

Judiciary Committee, Energy and Commerce Committee

Health

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted