1.1 	A bill for an act
1.2 	relating to civil actions; regulating certain actions
1.3 	against health care providers; amending Minnesota
1.4 	Statutes 2004, section 541.076.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 541.076, is
1.7 	amended to read:
1.8 	541.076 HEALTH CARE PROVIDER ACTIONS.
1.9 	(a) For purposes of this section, "health care provider"
1.10 	means a physician, surgeon, dentist, occupational therapist,
1.11 	other health care professionals as defined in section 145.61,
1.12 	hospital, or treatment facility.
1.13 	(b) An action by a patient or former patient against a
1.14 	health care provider alleging malpractice, error, mistake, or
1.15 	failure to cure, whether based on a contract or tort, must be
1.16 	commenced within four years from the date the cause of action
1.17 	accrued. No action against a health care provider for any harm,
1.18 	injury, or damage that did not either occur concurrently with,
1.19 	or immediately flow from, the alleged malpractice, error,
1.20 	mistake, or failure to cure may be commenced more than four
1.21 	years after the act or omission allegedly giving rise to the
1.22 	cause of action.
1.23 	(c) A counterclaim may be pleaded as a defense to any
1.24 	action for services brought by a health care provider after the
1.25 	limitations described in this section, notwithstanding it is
2.1 	barred by the provisions of this chapter, if the counterclaim
2.2 	belonged to the party pleading it at the time it became barred
2.3 	and was not barred at the time the claim sued on originated, but
2.4 	no judgment on the counterclaim except for costs can be rendered
2.5 	in favor of the party so pleading it.

2.6 	Sec. 2. EFFECTIVE DATE.
 2.7 	Section 1 is effective for actions commenced on or after
2.8 	the day following final enactment.