Bill Text: IA SF2305 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to civil practice including liability provisions and privacy rights. (Formerly SSB 3135.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-19 - Referred to Judiciary. S.J. 581. [SF2305 Detail]
Download: Iowa-2011-SF2305-Introduced.html
Senate
File
2305
-
Introduced
SENATE
FILE
2305
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3135)
A
BILL
FOR
An
Act
relating
to
civil
practice
including
liability
1
provisions
and
privacy
rights.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2305
Section
1.
NEW
SECTION
.
632.1
Medical
records
access
——
1
personal
representative
for
decedent.
2
Notwithstanding
section
633.3,
subsection
30,
for
purposes
3
of
obtaining
a
decedent’s
medical
records
or
asserting
4
a
decedent’s
rights
under
the
federal
Health
Insurance
5
Portability
and
Accountability
Act
of
1996,
Pub.
L.
No.
6
104-191,
a
personal
representative
is
the
first
of
the
7
following
persons
who
exist
when
the
request
for
medical
8
records
or
assertion
of
rights
is
made:
9
1.
The
executor
or
administrator.
10
2.
The
decedent’s
spouse.
11
3.
The
decedent’s
adult
child.
12
4.
The
decedent’s
adult
sibling.
13
Sec.
2.
Section
668.11,
Code
2011,
is
amended
to
read
as
14
follows:
15
668.11
Disclosure
of
expert
witnesses
in
liability
cases
16
involving
licensed
professionals.
17
1.
A
party
in
a
professional
liability
case
brought
against
18
a
licensed
professional
pursuant
to
this
chapter
who
intends
19
to
call
an
expert
witness
of
their
own
selection,
shall
20
certify
to
the
court
and
all
other
parties
the
expert’s
name,
21
qualifications
,
and
the
purpose
for
calling
the
expert
,
and
22
the
element
or
elements
of
the
cause
of
action
about
which
the
23
expert
will
testify
within
the
following
time
period:
24
a.
The
plaintiff
within
one
hundred
eighty
days
of
the
25
defendant’s
answer
unless
the
court
for
good
cause
not
ex
parte
26
extends
the
time
of
disclosure.
27
b.
The
defendant
within
ninety
days
of
plaintiff’s
28
certification.
29
2.
If
a
party
fails
to
disclose
an
expert
pursuant
to
30
subsection
1
or
does
not
make
the
an
expert
available
for
31
discovery,
the
expert
shall
be
prohibited
from
testifying
in
32
the
action
unless
leave
for
the
expert’s
testimony
is
given
by
33
the
court
for
good
cause
shown.
34
3.
This
section
does
not
apply
to
court
appointed
experts
or
35
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S.F.
2305
to
rebuttal
experts
called
with
the
approval
of
the
court.
1
EXPLANATION
2
This
bill
relates
to
civil
practice
including
liability
3
provisions
and
privacy
rights.
4
PERSONAL
REPRESENTATIVE
——
HIPAA.
The
bill
expands
the
5
definition
of
personal
representative
for
purposes
of
obtaining
6
a
decedent’s
medical
records
or
asserting
a
decedent’s
7
rights
under
the
federal
Health
Insurance
Portability
and
8
Accountability
Act
of
1996,
Pub.
L.
No.
104-191
(HIPAA)
and
9
designates
the
personal
representative
under
such
circumstances
10
to
be
the
first
of
the
following
persons
who
exist
when
the
11
request
for
medical
records
or
assertion
of
rights
is
made:
12
the
executor
or
administrator;
the
decedent’s
spouse;
the
13
decedent’s
adult
child;
or
the
decedent’s
adult
sibling.
14
DISCLOSURE
OF
EXPERT
WITNESSES
——
LIABILITY
CASES
——
15
PROFESSIONALS.
Current
law
requires
a
party
in
a
professional
16
liability
case
brought
against
a
licensed
professional
who
17
intends
to
call
an
expert
witness
to
certify
to
the
court
and
18
all
parties
in
the
case
the
expert’s
name,
qualifications,
the
19
purpose
for
calling
the
expert
within
certain
time
frames,
20
depending
upon
whether
the
party
is
the
plaintiff
or
defendant
21
in
the
case.
The
bill
requires
a
party
who
intends
to
call
22
an
expert
witness
to
certify
to
the
court
and
all
parties
the
23
element
or
elements
of
the
cause
of
action
about
which
the
24
expert
will
testify.
25
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