HF 2471

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; limiting damages for long-term 
  1.3             care providers; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 144A. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [144A.80] [DAMAGE LIMITATION.] 
  1.7      (a) In a civil action by a consumer against a long-term 
  1.8   care provider, the consumer may not recover more than $250,000 
  1.9   in noneconomic damages. 
  1.10     (b) For the purposes of this section, "noneconomic damages" 
  1.11  means subjective, nonpecuniary damages arising from death, 
  1.12  disfigurement, pain, suffering, inconvenience, mental anguish, 
  1.13  worry, emotional distress, loss of society or companionship, 
  1.14  loss of consortium, bystander injury, physical impairment, 
  1.15  injury to reputation, humiliation, embarrassment, loss of the 
  1.16  enjoyment of life, hedonic damages, other nonpecuniary damages, 
  1.17  and any similar kinds of damages, such as fear of loss, illness, 
  1.18  or injury.  Noneconomic damages does not include pecuniary 
  1.19  damages. 
  1.20     (c) For the purposes of this section, "economic damages" 
  1.21  means objectively verifiable pecuniary damages arising from 
  1.22  medical expenses and medical care, rehabilitation services, 
  1.23  custodial care, disabilities, loss of earnings and earning 
  1.24  capacity, loss of income, loss of use of property, cost of 
  1.25  repair or replacement of property, cost of obtaining substitute 
  2.1   domestic services, loss of employment, loss of business 
  2.2   opportunities, burial costs, and other objectively verifiable 
  2.3   monetary losses.