S 12
112th CONGRESS
1st Session
S. 12
To amend the Internal Revenue Code of 1986 to provide additional
tax relief for private sector job creation, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. PORTMAN introduced the following bill; which was read twice and
referred to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986 to provide additional
tax relief for private sector job creation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) Short Title- This Act may be cited as the `Job Creation Act of 2011'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; etc.
TITLE I--TAX AND REGULATORY RELIEF
Sec. 101. Temporary employer payroll tax cut.
Sec. 102. Repeal of individual mandate.
Sec. 103. Repeal of expansion of information reporting requirements.
Sec. 104. Environmental Protection Agency regulatory freeze.
Sec. 105. Repeal of sunset on increased limitations on small business
expensing.
Sec. 106. Permanent extension of research credit.
TITLE II--ENACTING REAL MEDICAL LIABILITY REFORM
Sec. 201. Encouraging speedy resolution of claims.
Sec. 202. Compensating patient injury.
Sec. 203. Maximizing patient recovery.
Sec. 204. Additional health benefits.
Sec. 205. Punitive damages.
Sec. 206. Authorization of payment of future damages to claimants
in health care lawsuits.
Sec. 208. Effect on other laws.
Sec. 209. State flexibility and protection of States' rights.
Sec. 210. Applicability; effective date.
TITLE I--TAX AND REGULATORY RELIEF
SEC. 101. TEMPORARY EMPLOYER PAYROLL TAX CUT.
(1) EMPLOYERS- Section 601(a) of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 is amended by striking
`and' at the end of paragraph (1), by striking the period at the end
of paragraph (2), and by adding at the end the following new paragraph:
`(3) with respect to remuneration received during the payroll tax
holiday period, the rate of tax under 3111(a) of such Code shall be
4.2 percent (including for purposes of determining the applicable
percentage under sections 3221(a) of such Code).'.
(2) SELF-EMPLOYED INDIVIDUALS- Section 601(a) of such Act is amended
by striking `10.40 percent' in paragraph (1) and inserting `8.40 percent'.
(b) Conforming Amendments-
(1) Section 601 of the Tax Relief, Unemployment Insurance Reauthorization,
and Job Creation Act of 2010 is amended by striking subsection (b).
(2) Section 601(e)(2) of such Act is amended by striking `subsection
(a)(2)' and inserting `paragraphs (2) and (3) of subsection (a)'.
(3) The headings for title VI and section 601 of such Act are each
amended by striking `employee'.
(1) IN GENERAL- The amendments made by this section shall apply to
wages paid and self-employment income earned after December 31, 2010.
(2) SPECIAL TRANSITION RULE-
(A) NONAPPLICATION OF REDUCTION DURING FIRST QUARTER- The amendments
made by subsection (a)(1) shall not apply with respect to compensation
paid during the first calendar quarter of 2011.
(B) CREDITING OF FIRST QUARTER EXEMPTION DURING SECOND QUARTER-
The amount by which the tax imposed under sections 3111(a) and 3221(a)
of the Internal Revenue Code of 1986 would (but for the application
of subparagraph (A)) have been reduced with respect to compensation
paid by an employer during the first calendar quarter of 2011 shall
be treated as a payment against the tax imposed under section 3111(a)
of such Code or section 3121(a) of such Code, as the case may be,
with respect to the employer for the second calendar quarter of
2011 which is made on the date that such tax is due.
SEC. 102. REPEAL OF INDIVIDUAL MANDATE.
Section 5000A of the Internal Revenue Code of 1986, as added by the
Patient Protection and Affordable Care Act, is amended by adding at
the end the following new subsection:
`(h) Termination- This section shall not apply with respect to any month
beginning after the date of the enactment of this subsection.'.
SEC. 103. REPEAL OF EXPANSION OF INFORMATION REPORTING REQUIREMENTS.
(1) REPEAL OF PAYMENTS FOR PROPERTY AND OTHER GROSS PROCEEDS- Subsection
(b) of section 9006 of the Patient Protection and Affordable Care
Act, and the amendments made thereby, are hereby repealed; and the
Internal Revenue Code of 1986 shall be applied as if such subsection,
and amendments, had never been enacted.
(2) REPEAL OF APPLICATION TO CORPORATIONS AND REGULATORY AUTHORITY-
(A) IN GENERAL- Section 6041 of the Internal Revenue Code of 1986,
as amended by section 9006(a) of the Patient Protection and Affordable
Care Act and section 2101 of the Small Business Jobs Act of 2010,
is amended by striking subsections (i) and (j).
(B) EFFECTIVE DATE- The amendment made by this paragraph shall apply
to payments made after December 31, 2010.
(b) Rescission of Unspent Federal Funds To Offset Loss in Revenues-
(1) IN GENERAL- Notwithstanding any other provision of law, of all
available unobligated funds, $39,000,000,000 in appropriated discretionary
funds are hereby rescinded.
(2) IMPLEMENTATION- The Director of the Office of Management and Budget
shall determine and identify from which appropriation accounts the
rescission under subsection (a) shall apply and the amount of such
rescission that shall apply to each such account. Not later than 60
days after the date of the enactment of this Act, the Director of
the Office of Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts and amounts determined
and identified for rescission under the preceding sentence.
(3) EXCEPTION- This subsection shall not apply to the unobligated
funds of the Department of Defense or the Department of Veterans Affairs.
SEC. 104. ENVIRONMENTAL PROTECTION AGENCY REGULATORY FREEZE.
(a) In General- Notwithstanding any other provision of law and beginning
on the date of enactment of this Act, the Administrator of the Environmental
Protection Agency shall not promulgate or enforce any regulation for
a period of 1 year, subject to subsection (b).
(b) Exception- The Administrator of the Environmental Protection Agency
may promulgate or enforce a regulation during the 1-year period described
in subsection (a) if the Administrator determines that the promulgation
or enforcement of the regulation is necessary for immediate health or
safety reasons.
SEC. 105. REPEAL OF SUNSET ON INCREASED LIMITATIONS ON SMALL BUSINESS
EXPENSING.
(a) In General- Subsection (b)(1) of section 179 of the Internal Revenue
Code of 1986, as amended by the Tax Relief, Unemployment Insurance Reauthorization,
and Job Creation Act of 2010, is amended by striking `shall not exceed--'
and all that follows and inserting `shall not exceed $500,000.'.
(b) Reduction in Limitation- Subsection (b)(2) of section 179 of such
Code, as amended by the Tax Relief, Unemployment Insurance Reauthorization,
and Job Creation Act of 2010, is amended by striking `exceeds--' and
all that follows and inserting `exceeds $2,000,000.'.
(c) Conforming Amendment- Section 179(b) of such Code, as amended by
the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation
Act of 2010, is amended by striking paragraph (6).
(d) Computer Software- Section 179(d)(1)(A)(ii) of such Code, as amended
by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation
Act of 2010, is amended by striking `and before 2013'.
(e) Revocation of Election- Section 179(c)(2) of such Code, as amended
by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation
Act of 2010, is amended to read as follows:
`(2) REVOCATION OF ELECTION- Any election made under this section,
and any specification contained in any such election, may be revoked
by the taxpayer with respect to any property, and such revocation,
once made, shall be irrevocable.'.
(f) Effective Date- The amendments made by this section shall apply
to taxable years beginning after December 31, 2011.
SEC. 106. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General- Section 41 of the Internal Revenue Code of 1986 is amended
by striking subsection (h).
(b) Conforming Amendment- Paragraph (1) of section 45C(b) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (D).
(c) Effective Date- The amendments made by this section shall apply
to taxable years beginning after December 31, 2010.
TITLE II--ENACTING REAL MEDICAL LIABILITY REFORM
SEC. 201. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS.
The time for the commencement of a health care lawsuit shall be 3 years
after the date of manifestation of injury or 1 year after the claimant
discovers, or through the use of reasonable diligence should have discovered,
the injury, whichever occurs first. In no event shall the time for commencement
of a health care lawsuit exceed 3 years after the date of manifestation
of injury unless tolled for any of the following--
(2) intentional concealment; or
(3) the presence of a foreign body, which has no therapeutic or diagnostic
purpose or effect, in the person of the injured person.
Actions by a minor shall be commenced within 3 years from the date of
the alleged manifestation of injury except that actions by a minor under
the full age of 6 years shall be commenced within 3 years of manifestation
of injury or prior to the minor's 8th birthday, whichever provides a
longer period. Such time limitation shall be tolled for minors for any
period during which a parent or guardian and a health care provider
or health care organization have committed fraud or collusion in the
failure to bring an action on behalf of the injured minor.
SEC. 202. COMPENSATING PATIENT INJURY.
(a) Unlimited Amount of Damages for Actual Economic Losses in Health
Care Lawsuits- In any health care lawsuit, nothing in this title shall
limit a claimant's recovery of the full amount of the available economic
damages, notwithstanding the limitation in subsection (b).
(b) Additional Noneconomic Damages- In any health care lawsuit, the
amount of noneconomic damages, if available, may be as much as $250,000,
regardless of the number of parties against whom the action is brought
or the number of separate claims or actions brought with respect to
the same injury.
(c) No Discount of Award for Noneconomic Damages- For purposes of applying
the limitation in subsection (b), future noneconomic damages shall not
be discounted to present value. The jury shall not be informed about
the maximum award for noneconomic damages. An award for noneconomic
damages in excess of $250,000 shall be reduced either before the entry
of judgment, or by amendment of the judgment after entry of judgment,
and such reduction shall be made before accounting for any other reduction
in damages required by law. If separate awards are rendered for past
and future noneconomic damages and the combined awards exceed $250,000,
the future noneconomic damages shall be reduced first.
(d) Fair Share Rule- In any health care lawsuit, each party shall be
liable for that party's several share of any damages only and not for
the share of any other person. Each party shall be liable only for the
amount of damages allocated to such party in direct proportion to such
party's percentage of responsibility. Whenever a judgment of liability
is rendered as to any party, a separate judgment shall be rendered against
each such party for the amount allocated to such party. For purposes
of this section, the trier of fact shall determine the proportion of
responsibility of each party for the claimant's harm.
SEC. 203. MAXIMIZING PATIENT RECOVERY.
(a) Court Supervision of Share of Damages Actually Paid to Claimants-
In any health care lawsuit, the court shall supervise the arrangements
for payment of damages to protect against conflicts of interest that
may have the effect of reducing the amount of damages awarded that are
actually paid to claimants. In particular, in any health care lawsuit
in which the attorney for a party claims a financial stake in the outcome
by virtue of a contingent fee, the court shall have the power to restrict
the payment of a claimant's damage recovery to such attorney, and to
redirect such damages to the claimant based upon the interests of justice
and principles of equity. In no event shall the total of all contingent
fees for representing all claimants in a health care lawsuit exceed
the following limits:
(1) 40 percent of the first $50,000 recovered by the claimant(s).
(2) 33 1/3 percent of the next $50,000 recovered by the claimant(s).
(3) 25 percent of the next $500,000 recovered by the claimant(s).
(4) 15 percent of any amount by which the recovery by the claimant(s)
is in excess of $600,000.
(b) Applicability- The limitations in this section shall apply whether
the recovery is by judgment, settlement, mediation, arbitration, or
any other form of alternative dispute resolution. In a health care lawsuit
involving a minor or incompetent person, a court retains the authority
to authorize or approve a fee that is less than the maximum permitted
under this section. The requirement for court supervision in the first
two sentences of subsection (a) applies only in civil actions.
SEC. 204. ADDITIONAL HEALTH BENEFITS.
In any health care lawsuit involving injury or wrongful death, any party
may introduce evidence of collateral source benefits. If a party elects
to introduce such evidence, any opposing party may introduce evidence
of any amount paid or contributed or reasonably likely to be paid or
contributed in the future by or on behalf of the opposing party to secure
the right to such collateral source benefits. No provider of collateral
source benefits shall recover any amount against the claimant or receive
any lien or credit against the claimant's recovery or be equitably or
legally subrogated to the right of the claimant in a health care lawsuit
involving injury or wrongful death. This section shall apply to any
health care lawsuit that is settled as well as a health care lawsuit
that is resolved by a fact finder. This section shall not apply to section
1862(b) (42 U.S.C. 1395y(b)) or section 1902(a)(25) (42 U.S.C. 1396a(a)(25))
of the Social Security Act.
SEC. 205. PUNITIVE DAMAGES.
(a) In General- Punitive damages may, if otherwise permitted by applicable
State or Federal law, be awarded against any person in a health care
lawsuit only if it is proven by clear and convincing evidence that such
person acted with malicious intent to injure the claimant, or that such
person deliberately failed to avoid unnecessary injury that such person
knew the claimant was substantially certain to suffer. In any health
care lawsuit where no judgment for compensatory damages is rendered
against such person, no punitive damages may be awarded with respect
to the claim in such lawsuit. No demand for punitive damages shall be
included in a health care lawsuit as initially filed. A court may allow
a claimant to file an amended pleading for punitive damages only upon
a motion by the claimant and after a finding by the court, upon review
of supporting and opposing affidavits or after a hearing, after weighing
the evidence, that the claimant has established by a substantial probability
that the claimant will prevail on the claim for punitive damages. At
the request of any party in a health care lawsuit, the trier of fact
shall consider in a separate proceeding--
(1) whether punitive damages are to be awarded and the amount of such
award; and
(2) the amount of punitive damages following a determination of punitive
liability.
If a separate proceeding is requested, evidence relevant only to the
claim for punitive damages, as determined by applicable State law, shall
be inadmissible in any proceeding to determine whether compensatory
damages are to be awarded.
(b) Determining Amount of Punitive Damages-
(1) FACTORS CONSIDERED- In determining the amount of punitive damages,
if awarded, in a health care lawsuit, the trier of fact shall consider
only the following--
(A) the severity of the harm caused by the conduct of such party;
(B) the duration of the conduct or any concealment of it by such
party;
(C) the profitability of the conduct to such party;
(D) the number of products sold or medical procedures rendered for
compensation, as the case may be, by such party, of the kind causing
the harm complained of by the claimant;
(E) any criminal penalties imposed on such party, as a result of
the conduct complained of by the claimant; and
(F) the amount of any civil fines assessed against such party as
a result of the conduct complained of by the claimant.
(2) MAXIMUM AWARD- The amount of punitive damages, if awarded, in
a health care lawsuit may be as much as $250,000 or as much as two
times the amount of economic damages awarded, whichever is greater.
The jury shall not be informed of this limitation.
SEC. 206. AUTHORIZATION OF PAYMENT OF FUTURE DAMAGES TO CLAIMANTS
IN HEALTH CARE LAWSUITS.
(a) In General- In any health care lawsuit, if an award of future damages,
without reduction to present value, equaling or exceeding $50,000 is
made against a party with sufficient insurance or other assets to fund
a periodic payment of such a judgment, the court shall, at the request
of any party, enter a judgment ordering that the future damages be paid
by periodic payments. In any health care lawsuit, the court may be guided
by the Uniform Periodic Payment of Judgments Act promulgated by the
National Conference of Commissioners on Uniform State Laws.
(b) Applicability- This section applies to all actions which have not
been first set for trial or retrial before the effective date of this
title.
SEC. 207. DEFINITIONS.
(1) ALTERNATIVE DISPUTE RESOLUTION SYSTEM; ADR- The term `alternative
dispute resolution system' or `ADR' means a system that provides for
the resolution of health care lawsuits in a manner other than through
a civil action brought in a State or Federal court.
(2) CLAIMANT- The term `claimant' means any person who brings a health
care lawsuit, including a person who asserts or claims a right to
legal or equitable contribution, indemnity, or subrogation, arising
out of a health care liability claim or action, and any person on
whose behalf such a claim is asserted or such an action is brought,
whether deceased, incompetent, or a minor.
(3) COLLATERAL SOURCE BENEFITS- The term `collateral source benefits'
means any amount paid or reasonably likely to be paid in the future
to or on behalf of the claimant, or any service, product, or other
benefit provided or reasonably likely to be provided in the future
to or on behalf of the claimant, as a result of the injury or wrongful
death, pursuant to--
(A) any State or Federal health, sickness, income-disability, accident,
or workers' compensation law;
(B) any health, sickness, income-disability, or accident insurance
that provides health benefits or income-disability coverage;
(C) any contract or agreement of any group, organization, partnership,
or corporation to provide, pay for, or reimburse the cost of medical,
hospital, dental, or income-disability benefits; and
(D) any other publicly or privately funded program.
(4) COMPENSATORY DAMAGES- The term `compensatory damages' means objectively
verifiable monetary losses incurred as a result of the provision of,
use of, or payment for (or failure to provide, use, or pay for) health
care services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or employment opportunities,
damages for physical and emotional pain, suffering, inconvenience,
physical impairment, mental anguish, disfigurement, loss of enjoyment
of life, loss of society and companionship, loss of consortium (other
than loss of domestic service), hedonic damages, injury to reputation,
and all other nonpecuniary losses of any kind or nature. The term
`compensatory damages' includes economic damages and noneconomic damages,
as such terms are defined in this section.
(5) CONTINGENT FEE- The term `contingent fee' includes all compensation
to any person or persons which is payable only if a recovery is effected
on behalf of one or more claimants.
(6) ECONOMIC DAMAGES- The term `economic damages' means objectively
verifiable monetary losses incurred as a result of the provision of,
use of, or payment for (or failure to provide, use, or pay for) health
care services or medical products, such as past and future medical
expenses, loss of past and future earnings, cost of obtaining domestic
services, loss of employment, and loss of business or employment opportunities.
(7) HEALTH CARE LAWSUIT- The term `health care lawsuit' means any
health care liability claim concerning the provision of health care
goods or services or any medical product affecting interstate commerce,
or any health care liability action concerning the provision of health
care goods or services or any medical product affecting interstate
commerce, brought in a State or Federal court or pursuant to an alternative
dispute resolution system, against a health care provider, a health
care organization, or the manufacturer, distributor, supplier, marketer,
promoter, or seller of a medical product, regardless of the theory
of liability on which the claim is based, or the number of claimants,
plaintiffs, defendants, or other parties, or the number of claims
or causes of action, in which the claimant alleges a health care liability
claim. Such term does not include a claim or action which is based
on criminal liability; which seeks civil fines or penalties paid to
Federal, State, or local government; or which is grounded in antitrust.
(8) HEALTH CARE LIABILITY ACTION- The term `health care liability
action' means a civil action brought in a State or Federal court or
pursuant to an alternative dispute resolution system, against a health
care provider, a health care organization, or the manufacturer, distributor,
supplier, marketer, promoter, or seller of a medical product, regardless
of the theory of liability on which the claim is based, or the number
of plaintiffs, defendants, or other parties, or the number of causes
of action, in which the claimant alleges a health care liability claim.
(9) HEALTH CARE LIABILITY CLAIM- The term `health care liability claim'
means a demand by any person, whether or not pursuant to ADR, against
a health care provider, health care organization, or the manufacturer,
distributor, supplier, marketer, promoter, or seller of a medical
product, including, but not limited to, third-party claims, cross-claims,
counter-claims, or contribution claims, which are based upon the provision
of, use of, or payment for (or the failure to provide, use, or pay
for) health care services or medical products, regardless of the theory
of liability on which the claim is based, or the number of plaintiffs,
defendants, or other parties, or the number of causes of action.
(10) HEALTH CARE ORGANIZATION- The term `health care organization'
means any person or entity which is obligated to provide or pay for
health benefits under any health plan, including any person or entity
acting under a contract or arrangement with a health care organization
to provide or administer any health benefit.
(11) HEALTH CARE PROVIDER- The term `health care provider' means any
person or entity required by State or Federal laws or regulations
to be licensed, registered, or certified to provide health care services,
and being either so licensed, registered, or certified, or exempted
from such requirement by other statute or regulation.
(12) HEALTH CARE GOODS OR SERVICES- The term `health care goods or
services' means any goods or services provided by a health care organization,
provider, or by any individual working under the supervision of a
health care provider, that relates to the diagnosis, prevention, or
treatment of any human disease or impairment, or the assessment or
care of the health of human beings.
(13) MALICIOUS INTENT TO INJURE- The term `malicious intent to injure'
means intentionally causing or attempting to cause physical injury
other than providing health care goods or services.
(14) MEDICAL PRODUCT- The term `medical product' means a drug, device,
or biological product intended for humans, and the terms `drug', `device',
and `biological product' have the meanings given such terms in sections
201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic Act (21
U.S.C. 321(g)(1) and (h)) and section 351(a) of the Public Health
Service Act (42 U.S.C. 262(a)), respectively, including any component
or raw material used therein, but excluding health care services.
(15) NONECONOMIC DAMAGES- The term `noneconomic damages' means damages
for physical and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of life,
loss of society and companionship, loss of consortium (other than
loss of domestic service), hedonic damages, injury to reputation,
and all other nonpecuniary losses of any kind or nature.
(16) PUNITIVE DAMAGES- The term `punitive damages' means damages awarded,
for the purpose of punishment or deterrence, and not solely for compensatory
purposes, against a health care provider, health care organization,
or a manufacturer, distributor, or supplier of a medical product.
Punitive damages are neither economic nor noneconomic damages.
(17) RECOVERY- The term `recovery' means the net sum recovered after
deducting any disbursements or costs incurred in connection with prosecution
or settlement of the claim, including all costs paid or advanced by
any person. Costs of health care incurred by the plaintiff and the
attorneys' office overhead costs or charges for legal services are
not deductible disbursements or costs for such purpose.
(18) STATE- The term `State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and any other territory or possession
of the United States, or any political subdivision thereof.
SEC. 208. EFFECT ON OTHER LAWS.
(1) To the extent that title XXI of the Public Health Service Act
establishes a Federal rule of law applicable to a civil action brought
for a vaccine-related injury or death--
(A) this title does not affect the application of the rule of law
to such an action; and
(B) any rule of law prescribed by this title in conflict with a
rule of law of such title XXI shall not apply to such action.
(2) If there is an aspect of a civil action brought for a vaccine-related
injury or death to which a Federal rule of law under title XXI of
the Public Health Service Act does not apply, then this title or otherwise
applicable law (as determined under this title) will apply to such
aspect of such action.
(b) Other Federal Law- Except as provided in this section, nothing in
this title shall be deemed to affect any defense available to a defendant
in a health care lawsuit or action under any other provision of Federal
law.
SEC. 209. STATE FLEXIBILITY AND PROTECTION OF STATES' RIGHTS.
(a) Health Care Lawsuits- The provisions governing health care lawsuits
set forth in this title preempt, subject to subsections (b) and (c),
State law to the extent that State law prevents the application of any
provisions of law established by or under this title. The provisions
governing health care lawsuits set forth in this title supersede chapter
171 of title 28, United States Code, to the extent that such chapter--
(1) provides for a greater amount of damages or contingent fees, a
longer period in which a health care lawsuit may be commenced, or
a reduced applicability or scope of periodic payment of future damages,
than provided in this title; or
(2) prohibits the introduction of evidence regarding collateral source
benefits, or mandates or permits subrogation or a lien on collateral
source benefits.
(b) Protection of States' Rights and Other Laws- (1) Any issue that
is not governed by any provision of law established by or under this
title (including State standards of negligence) shall be governed by
otherwise applicable State or Federal law.
(2) This title shall not preempt or supersede any State or Federal law
that imposes greater procedural or substantive protections for health
care providers and health care organizations from liability, loss, or
damages than those provided by this title or create a cause of action.
(c) State Flexibility- No provision of this title shall be construed
to preempt--
(1) any State law (whether effective before, on, or after the date
of the enactment of this Act) that specifies a particular monetary
amount of compensatory or punitive damages (or the total amount of
damages) that may be awarded in a health care lawsuit, regardless
of whether such monetary amount is greater or lesser than is provided
for under this title, notwithstanding section 202(a); or
(2) any defense available to a party in a health care lawsuit under
any other provision of State or Federal law.
SEC. 210. APPLICABILITY; EFFECTIVE DATE.
This title shall apply to any health care lawsuit brought in a Federal
or State court, or subject to an alternative dispute resolution system,
that is initiated on or after the date of the enactment of this Act,
except that any health care lawsuit arising from an injury occurring
prior to the date of the enactment of this Act shall be governed by
the applicable statute of limitations provisions in effect at the time
the injury occurred.
END
