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HCS CSSB 67(FIN) am H: "An Act relating to claims for personal injury or wrongful death against health care providers."

00               HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) am H                                                          
01 "An Act relating to claims for personal injury or wrongful death against health care                                    
02 providers."                                                                                                             
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)  Except as provided in (e) of this section, the damages awarded by a court                               
06       or a jury under (c) of this section for all claims including a loss of consortium claim or                        
07       other derivative claim arising out of a single injury may not exceed $250,000                                     
08       regardless of the number of health care providers against whom the claim is asserted                              
09       or the number of separate claims or causes of action brought with respect to the injury.                          
10            (e)  The damages awarded by a court or jury under (c) of this section for all                                
11       claims including a loss of consortium claim or other derivative claim arising out of a                            
12       single injury or death may not exceed $400,000 regardless of the number of health                                 
13       care providers against whom the claim is asserted or the number of separate claims or                             
14       causes of action brought with respect to the injury or death when damages are awarded                             
15       for wrongful death or severe permanent physical impairment that is more than 70                                   
16       percent disabling.                                                                                                
17            (f)  The limitation on noneconomic damages in this section does not apply if                                 
18       the damages resulted from an act or omission that constitutes reckless or intentional                             
19       misconduct.                                                                                                       
20            (g)  Multiple injuries sustained by one person as a result of a single course of                             
21       treatment shall be treated as a single injury for purposes of this section.                                       
22            (h)  In this section,                                                                                        
23                 (1)  "economic damages" means objectively verifiable monetary losses                                    
24       incurred as a result of the provision of, use of, or payment for, or failure to provide,                          
25       use, or pay for health care services or medical products, and includes past and future                            
26       medical expenses, loss of past and future earnings, cost of obtaining domestic services,                          
27       burial expenses, loss of use of property, cost of replacement or repair, loss of                                  
28       employment, and loss of business or employment opportunities;                                                     
29                 (2)  "health care provider" has the meaning given in AS 09.55.560 and                                   
30       includes a state agency or municipality the health care services of which are the                                 
31       subject of an action that is subject to this section;                                                             
01                 (3)  "hedonic damages" means damages that attempt to compensate for                                     
02       the pleasure of being alive.                                                                                      
03    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
04 read:                                                                                                                   
05       APPLICABILITY.  This Act applies to suits against health care providers and to                                    
06 malpractice claims that are subject to an agreement to arbitrate that initially accrue on or after                      
07 the effective date of this Act.