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SB 1 (BR 5) - D. Williams, C. Borders, J. Denton, E. Harris, A. Kerr, V. McGaha, R. Roeding, D. Seum, K. Stine, G. Tapp, D. Thayer, E. Tori, J. Westwood
AN ACT proposing amendments to the Constitution of Kentucky relating to health care matters.
Propose amending the Constitution of Kentucky to add a new section permitting the General Assembly to limit noneconomic damages, limit punitive damages, provide for a statute of limitations on actions, and require alternative dispute resolution in cases involving health care providers licensed or certified by the Commonwealth; propose amending Section 14 relating to access to the courts, Section 54 relating to prohibiting limits on damages, and Section 241 relating to the right to sue in death and injury cases to conform; provide for submission to the voters in the normal manner.
SB 1 - AMENDMENTS
SCS (1) - Retain original provisions; permit the General Assembly to enact uniform statutes of repose; provide ballot language.
SCS (2) - Retain original provisions; specify that the General Assembly shall not set limits on noneconomic or punitive damages of less than $250,000 for each instance; clarify that any mandatory dispute resolution system occur prior to a jury trial; amend ballot language to conform.
SFA (1, T. Shaughnessy) - Amend to prohibit General Assembly from establishing limits on noneconomic and punitive damages lower than $250,000 and to require that the alternative dispute resolution system preserves access to the courts.
SFA (2, T. Shaughnessy) - Amend to prohibit the General Assembly from having the authority to limit noneconomic damages or punitive damages to less than $250,000 each and to require that access to the courts be preserved.
SFA (3, J. Rhoads) - Amend to specify that the provisions of the amendment shall apply to medical negligence actions.
SFA (4, J. Rhoads) - Amend to specify that the provisions of the amendment shall apply to medical negligence actions.
SFA (5, J. Rhoads) - Amend to provide that the mandatory alternative dispute resolution system which may be authorized by the General Assembly shall be nonbinding and shall not abridge the right of trial by jury.
SFA (6, J. Rhoads) - Amend to provide that the mandatory alternative dispute resolution system which may be authorized by the General Assembly shall be nonbinding and shall not abridge the right of trial by jury.
SFA (7, D. Mongiardo) - Retain original provisions except delete the proposal to amend the Constitution to permit the General Assembly to limit noneconomic and punitive damages in civil cases involving a health care provider licensed or certified in the Commonwealth of Kentucky; make technical correction.
SFA (8, J. Rhoads) - Amend to specify that the provisions of the amendment shall apply to medical negligence actions.
SFA (9, J. Rhoads) - Amend to provide that the mandatory alternative dispute resolution system which may be authorized by the General Assembly shall be nonbinding and shall not abridge the right to trial by jury.
HCS - Retain original provisions, except specify that provisions of amendment shall apply to medical negligence actions; provide that mandatory alternative dispute resolution system shall not abridge the right of trial by jury; require centralized reporting; amend ballot language to conform.
HFA (1, B. Yonts) - Amend to raise the noneconomic and punitive damage recovery floors from $250,000 to $1,000,000.
HFA (2, R. Wilkey) - Delete subsection (3)(c) relating to status of malpractice reports and insert in lieu thereof a requirement that the records be public and be provided to the General Assembly, Legislative Research Commission, Department of Insurance, and such other persons or organizations as the General Assembly shall provide by law.
HFA (3, J. Barrows) - Delete ballot language.
HFA (4, J. Barrows) - Provide effective date of amendment.
HFA (5, B. Yonts) - Amend to raise the noneconomic and punitive damage recovery floors from $250,000 to $500,000.
(Prefiled by the sponsor(s).)
Jan 6-introduced in Senate
Jan 7-to State and Local Government (S)
Jan 13-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 14-2nd reading, to Rules; recommitted to State and Local Government (S); floor amendments (2) (4) (5) and (7) filed to Committee Substitute, floor amendments (8) and (9) filed to Committee Substitute (2) , floor amendments (1) (3) and (6) filed; reported favorably, to Rules with Committee Substitute (2) ; posted for passage in the Regular Orders of the Day for January 15, 2004
Jan 15-3rd reading; floor amendments (1) (2) (3) (4) (5) (6) and (7) withdrawn ; floor amendments (8) and (9) defeated ; Committee Substitute withdrawn; passed 23-14-1 with Committee Substitute (2)
Jan 16-received in House
Jan 22-to Elections, Const. Amendments & Intergovernmental Affairs (H)
Feb 19-discharge petition filed
Mar 24-discharge petition filed
Mar 25-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
Mar 26-2nd reading, to Rules; floor amendments (2) (3) and (4) filed to Committee Substitute
Mar 29-floor amendment (5) filed to Committee Substitute
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