00                       CS FOR SENATE BILL NO. 67(JUD)                                                                    
01 "An Act relating to claims for personal injury or wrongful death against health care                                    
02 providers; and providing for an effective date."                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06       SHORT TITLE.  This Act may be known as the Alaska Medical Injury Compensation                                     
07 Reform Act of 2005.                                                                                                     
08    * Sec. 2.  AS 09.55 is amended by adding a new section to read:                                                    
09            Sec. 09.55.549. Limitation on damages.  (a)  Notwithstanding AS 09.17.010,                                 
10       noneconomic damages for personal injury or death based on the provision of services                               
11       by a health care provider may only be awarded as provided in this section.                                        
12            (b)  In an action to recover damages for personal injury or wrongful death                                   
13       based on the provision of services by a health care provider, damages may include                                 
14       both economic and noneconomic damages.                                                                            
01            (c)  Damage claims for noneconomic losses shall be limited to compensation                                   
02       for pain, suffering, inconvenience, physical impairment, disfigurement, loss of                                   
03       enjoyment of life, loss of consortium, and other nonpecuniary damage, but may not                                 
04       include hedonic damages.                                                                                          
05            (d)  The damages awarded by a court or a jury under (c) of this section for all                              
06       claims including a loss of consortium claim or other derivative claim arising out of a                            
07       single injury or death may not exceed $250,000 regardless of the number of health                                 
08       care providers against whom the claim is asserted or the number of separate claims or                             
09       causes of action brought with respect to the injury or death.                                                     
10            (e)  Multiple injuries sustained by one person as a result of a single course of                             
11       treatment shall be treated as a single injury for purposes of this section.                                       
12            (f)  In this section,                                                                                        
13                 (1)  "economic damages" means objectively verifiable monetary losses                                    
14       incurred as a result of the provision of, use of, or payment for, or failure to provide,                          
15       use, or pay for health care services or medical products, and includes past and future                            
16       medical expenses, loss of past and future earnings, cost of obtaining domestic services,                          
17       burial expenses, loss of use of property, cost of replacement or repair, loss of                                  
18       employment, and loss of business or employment opportunities;                                                     
19                 (2)  "hedonic damages" means damages that attempt to compensate for                                     
20       the pleasure of being alive.                                                                                      
21    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
22 read:                                                                                                                   
23       APPLICABILITY.  This Act applies to suits against health care providers and to                                    
24 malpractice claims that are subject to an agreement to arbitrate initially filed on or after the                        
25 effective date of this Act.                                                                                             
26    * Sec. 4.  This Act takes effect July 1, 2005.