H.R. 1086 (111th): Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2009

Feb 13, 2009 (111th Congress, 2009–2010)
Died (Referred to Committee)
Phil Gingrey
Representative for Georgia's 11th congressional district
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Last Updated
Feb 13, 2009
26 pages
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H.R. 2580 (110th) was a previous version of this bill.

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H.R. 2975 (Related)
Medical Practice Protection Act of 2009

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Last Action: Jun 19, 2009


This bill was introduced on February 13, 2009, in a previous session of Congress, but was not enacted.

Introduced Feb 13, 2009
Referred to Committee Feb 13, 2009
Full Title

To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.


No summaries available.

72 cosponsors (70R, 2D) (show)

House Energy and Commerce


House Judiciary

The committee chair determines whether a bill will move past the committee stage.

Primary Source

THOMAS.gov (The Library of Congress)

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H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2009 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce.
Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
Provides that nothing in this Act limits recovery of the full amount of available economic damages.
Limits noneconomic damages to $250,000.
Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.
Allows the court to restrict the payment of attorney contingency fees.
Limits the fees to a decreasing percentage based on the increasing value of the amount awarded.
Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence.
Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death.
Authorizes the award of punitive damages only where:
(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.
Limits punitive damages to the greater of two times the amount of economic damages or $250,000.
Denies punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards.
Provides for periodic payments of future damages.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

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