Bill Status of HB0086  93rd General Assembly

Short Description:  HLTH CARE ENTITY LIABILITY ACT

House Sponsors
Rep. Lou Lang - Mary E. Flowers - Kathleen A. Ryg - Robin Kelly

Last Action
DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Health Care Entity Liability Act. Provides that health insurance carriers, health care plans, and other managed care entities for health care plans have the duty to exercise ordinary care when making health care treatment decisions and are liable for damages for harm to an insured or enrollee proximately caused by the failure to exercise ordinary care. Authorizes a private right of action. Defines terms. Applies only to causes of action that accrue on or after the effective date of the Act. Effective immediately.

House Committee Amendment No. 1
Provides that a managed care entity has the duty to exercise ordinary care in selecting and exercising control over physicians and is liable for damages for harm to an insured or enrollee proximately caused by its failure to exercise such ordinary care. Provides that a managed care entity is liable for damages for harm to an insured or enrollee proximately caused by its breach of any contract or warranty relating to the provision of health care services. Provides that a managed care entity is liable for damages for harm to an insured or enrollee proximately caused by its implied agents over whom it has exerted such sufficient control as to negate their status as independent contractors. Eliminates a provision that before bringing an action under the Health Care Entity Liability Act, a person must exercise any applicable appeal and review procedures available under the Managed Care Reform and Patient Rights Act.

Actions 
DateChamber Action
  1/7/2003HousePrefiled with Clerk by Rep. Lou Lang
  1/8/2003HouseFirst Reading
  1/8/2003HouseReferred to Rules Committee
  1/23/2003HouseAssigned to Judiciary I - Civil Law Committee
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Kathleen A. Ryg
  2/6/2003HouseAdded Chief Co-Sponsor Rep. Robin Kelly
  2/21/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  2/21/2003HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/21/2003HouseMotion Do Pass as Amended - Lost Judiciary I - Civil Law Committee; 009-008-000
  2/21/2003HouseRemains in Judiciary I - Civil Law Committee
  3/13/2003HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2005HouseSession Sine Die