On Monday, both the House and Senate Judiciary Committees introduced bills on tort reform HSB 105 and SSB 1087 This IMS-crafted tort reform package represents the most comprehensive reforms to Iowa’s medical liability system in more than a generation and marks the culmination of years of work by numerous physician leaders throughout our state. Watch for updates in the IMS Advocate.
The bill would enact the following:
- $250,000 Cap on Noneconomic Damages
- Strengthened Expert Witness Standards
- Certificate of Merit in All Suits
- Affirmative Defense for Evidence-Based Medicine
- Limiting Contingency Fee Arrangements
- Expanding Candor
A Brief History of Tort Reform in Iowa
In 2004, IMS championed the passage of a $250,000 cap on non-economic damages, which was ultimately vetoed by then-Governor Vilsack. In the wake of this setback, IMS redoubled its efforts, devoting significant time and resources into developing additional reform proposals to help improve our liability climate. In 2011, IMS-crafted Certificate of Merit legislation passed the Iowa House but failed to pass the Democratically-controlled Iowa Senate. 2013 also saw significant House action on an IMS-crafted tort reform package that included a $250,000 cap on noneconomic damages and a Certificate of Merit requirement.
After the legislature again failed to enact meaningful reforms that year, the IMS Board of Directors appointed an ad hoc Tort Reform Task Force charged with identifying short-term and long-term strategies for success on medical liability reform. The task force’s recommendations, contained in the McCoy Report, emphasized continued support for traditional reforms like caps on noneconomic damages and brought forward three new reform options: Candor, an affirmative defense for evidence-based medicine, and limits on contingency fee arrangements. In 2015, IMS achieved its first significant success in enacting these new reforms with unanimous passage of the innovative Candor statute, making Iowa just the third state in the nation to enact such a measure. SSB 1087 represents the next step in these efforts, incorporating the remaining two recommendations from the McCoy Report, as well as reforms that IMS has worked since 2004 to pass.
In the coming weeks, expect to see reports on the bill’s progress through the legislative process and Action Alerts when it’s time to contact your legislators to ensure passage of this historic reform package. For more information on SSB 1087 , please visit the IMS website or contact Dennis Tibben with the IMS Center for Physician Advocacy.