1.1    .................... moves to amend the delete everything amendment (H3391DE1) to H.
1.2F. No. 3391, as follows:
1.3Page 45, after line 6, insert:

1.4    "Sec. 13. [62U.071] EMERGENCY HEALTH CARE AND OB/GYN ACTIONS;
1.5LIMITS ON DAMAGES.
1.6    Subdivision 1. Definitions. (a) For the purposes of this section, the terms in
1.7paragraphs (b) to (d) have the meanings given them.
1.8    (b) "Economic loss" means all harm for which damages are recoverable, other
1.9than noneconomic losses.
1.10    (c) "Health care provider" has the meaning given in section 541.076, paragraph
1.11(a), except that health care provider also includes a physician assistant registered under
1.12chapter 147A and ambulance services, medical directors, and personnel regulated under
1.13chapter 144E.
1.14    (d) "Noneconomic loss" means all nonpecuniary harm for which damages are
1.15recoverable, including, but not limited to, pain, disability, disfigurement, embarrassment,
1.16emotional distress, and loss of consortium.
1.17    Subd. 2. Limitation. (a) In an action for injury or death against a health care
1.18provider alleging malpractice, error, mistake, or failure to cure, whether based in contract
1.19or tort, in which the health care services at issue were provided for:
1.20    (1) pregnancy or labor and delivery, including the immediate postpartum period; or
1.21    (2) emergency care in the emergency room of a hospital; the amount of damages
1.22awarded for noneconomic losses must not exceed $250,000, regardless of the number of
1.23parties against whom the action is brought or the number of separate claims or actions
1.24brought with respect to the same occurrence.
1.25    (b) The limitation imposed by this subdivision must not be disclosed to the trier of
1.26fact by any person at trial.
2.1    Subd. 3. Findings. (a) A court in an action tried without a jury shall make a finding
2.2as to noneconomic loss without regard to the limit under subdivision 2. If noneconomic
2.3loss in excess of the limit is found, the court shall make any reduction required under
2.4this section and shall award as damages for noneconomic loss the lesser of the reduced
2.5amount or the limit.
2.6    (b) If an action is before a jury, the jury shall make a finding as to noneconomic loss
2.7without regard to the limit under subdivision 2. If the jury finds that noneconomic loss
2.8exceeds the limit, the court shall make any reduction required under this section and shall
2.9award as damages for noneconomic loss the lesser of the reduced amount or the limit.
2.10    Subd. 4. Punitive damages limited. Punitive, exemplary, and similar damages
2.11recoverable against a health care provider in a cause of action described in subdivision 2
2.12must not exceed $250,000. The jury must not be informed of this limitation.
2.13    Subd. 5. Excessive attorney fees prohibited. (a) Attorney fees payable by a
2.14plaintiff in any cause of action referred to in subdivision 2 must not exceed the following
2.15percentage of damages:
2.16    (1) 40 percent of the first $50,000;
2.17    (2) 33-1/3 percent of the next $50,000;
2.18    (3) 25 percent of the next $500,000; plus
2.19    (4) 15 percent of that portion of damages that exceeds $600,000.
2.20    (b) This subdivision applies to the net damages actually recovered by that plaintiff
2.21under the cause of action, whether through settlement, alternative dispute resolution, court
2.22judgment, or otherwise. "Net damages actually recovered" means the net sum recovered
2.23after deducting any disbursements or costs incurred in connection with prosecution or
2.24settlement of the claim, including all costs paid or advanced by any person. Costs of
2.25health care incurred by the plaintiff and the attorney's office overhead costs or charges for
2.26legal services are not deductible disbursements of costs for such purpose.
2.27    (c) A fee agreement that violates this subdivision is void and unenforceable, to
2.28the extent of the violation.
2.29    Subd. 6. Intentional discriminatory denial of treatment. Except for the purposes
2.30of subdivision 5, an action described in subdivision 2 shall not be construed to include any
2.31claim in a civil action that is based solely on intentional denial of medical treatment that a
2.32patient is otherwise qualified to receive, against the wishes of a patient, or, if the patient
2.33is incompetent, against the wishes of the patient's guardian, on the basis of the patient's
2.34present or predicted age, disability, degree of medical dependency, or quality of life.
3.1EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
3.2actions arising from incidents occurring on or after that date."
3.3Renumber the sections in sequence and correct the internal references
3.4Amend the title accordingly