S 23 · 109th Congress 2005–2007, ended

Healthy Mothers and Healthy Babies Access to Care Act

Latest action · May 8, 2006 Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 49 - 44. Record Vote Number: 116. (consideration: CR S4146-4147; text: CR S4146)

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMay 3, 2006
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Healthy Mothers and Healthy Babies Access to Care Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological services.

Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.

Requires a court to impose sanctions for the filing of frivolous lawsuits.

Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.

Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded.

Prescribes qualifications for expert witnesses.

Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under federal or state law.

Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000.

Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug, biological product, or medical device for an approved indication.

Provides for periodic payments of future damage awards.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
Senate 116Cloture on the Motion to Proceed Rejected49–44May 8, 2006

Cosponsors 19

Members who signed on, in the order they did. Signatures ran from May 3, 2006 to May 8, 2006; 15 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-MTConrad R. BurnsOriginalMay 3, 2006
R-LADavid VitterOriginalMay 3, 2006
R-NCElizabeth DoleOriginalMay 3, 2006
R-OHGeorge V. VoinovichOriginalMay 3, 2006
R-OKJames M. InhofeOriginalMay 3, 2006
R-SCJim DeMintOriginalMay 3, 2006
R-MOJim TalentOriginalMay 3, 2006
R-TXJohn CornynOriginalMay 3, 2006
R-NVJohn EnsignOriginalMay 3, 2006
R-NHJudd GreggOriginalMay 3, 2006
R-KYMitch McConnellOriginalMay 3, 2006
R-UTOrrin G. HatchOriginalMay 3, 2006
R-NCRichard BurrOriginalMay 3, 2006
R-COWayne AllardOriginalMay 3, 2006
R-TNWilliam H. FristOriginalMay 3, 2006
R-TNLamar AlexanderMay 4, 2006
R-ALJeff SessionsMay 8, 2006
R-SDJohn ThuneMay 8, 2006
R-MSTrent LottMay 8, 2006

Actions 7

Everything that happened, newest first.

  1. May 8, 2006Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 49 - 44. Record Vote Number: 116. (consideration: CR S4146-4147; text: CR S4146)
  2. May 5, 2006Motion to proceed to consideration of measure made in Senate. (consideration: CR S4095)
  3. May 5, 2006Cloture motion on the motion to proceed presented in Senate. (consideration: CR S4095; text: CR S4095)
  4. May 5, 2006Motion to proceed to consideration of measure withdrawn in Senate. (consideration: CR S4095)
  5. May 4, 2006Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 423.

In the Congressional Record 7

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S4463, S4464Jon Kyl R-AZ, Saxby Chambliss R-GAMay 11, 2006
SenateDebate and remarks S4318Richard Burr R-NCMay 10, 2006
SenateDebate and remarks S4205–S4207Richard J. Durbin D-ILMay 9, 2006
SenateDebate and remarks S4119–S4123, S4125–S4127, S4131, S4136, S4138–S4147Cloture motions S4146Recorded votes S4146cloture motion on motion to proceedArlen Specter D-PA, Craig Thomas R-WY (cloture motion), David Vitter R-LA (cloture motion), Edward M. Kennedy D-MA, George V. Voinovich R-OH, Harry Reid D-NV, Herb Kohl D-WI, John E. Sununu R-NH (cloture motion), John Ensign R-NV (cloture motion), John McCain R-AZ (cloture motion), John Thune R-SD (cloture motion), John Warner R-VA, Johnny Isakson R-GA (cloture motion), Judd Gregg R-NH (cloture motion), Kay Bailey Hutchison R-TX, Lamar Alexander R-TN (cloture motion), Larry E. Craig R-ID (cloture motion), Lincoln Chafee R-RI, Lisa Murkowski R-AK, Michael B. Enzi R-WY, Norm Coleman R-MN (cloture motion), Orrin G. Hatch R-UT, Pat Roberts R-KS (cloture motion), Patrick J. Leahy D-VT, Rick Santorum R-PA, Robert C. Byrd D-WV, Russell D. Feingold D-WI, Sam Brownback R-KS (cloture motion), Ted Stevens R-AK (cloture motion), Thad Cochran R-MS (cloture motion), Wayne Allard R-CO (cloture motion), William H. Frist R-TN (cloture motion)May 8, 2006
SenateDebate and remarks S4095, S4098Motions S4095Cloture motions S4095Craig Thomas R-WY (cloture motion), David Vitter R-LA (cloture motion), John E. Sununu R-NH (cloture motion), John Ensign R-NV (cloture motion), John McCain R-AZ (cloture motion), John Thune R-SD (cloture motion), Johnny Isakson R-GA (cloture motion), Judd Gregg R-NH (cloture motion), Lamar Alexander R-TN (cloture motion), Larry E. Craig R-ID (cloture motion), Norm Coleman R-MN (cloture motion), Pat Roberts R-KS (cloture motion), Sam Brownback R-KS (cloture motion), Ted Stevens R-AK (cloture motion), Thad Cochran R-MS (cloture motion), Wayne Allard R-CO (cloture motion), William H. Frist R-TN (cloture motion, motion)May 5, 2006

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 22MCAP ActRelated billMay 8, 2006

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to improve women's access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the delivery of obstetrical and gynecological services.
Short Titles as Introduced
Healthy Mothers and Healthy Babies Access to Care Act
Popular Titles
Malpractice Liability Reform bill

Subjects

Assigned by the Library of Congress. Policy area: Law.

Text 1

Each version as it was printed, newest first.

  1. May 4, 2006Placed on Calendar Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.