Bill Text: IA SSB3011 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-23 - Subcommittee recommends amendment and passage. []. [SSB3011 Detail]
Download: Iowa-2023-SSB3011-Introduced.html
Senate
Study
Bill
3011
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
civil
procedure,
including
disclosures
1
that
may
be
made
to
a
jury
and
the
availability
of
certain
2
medical
records.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
147.136A,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5.
The
limitations
specified
in
subsection
3
2
shall
not
be
disclosed
to
a
jury
in
any
such
action,
but
shall
4
be
imposed
by
the
court
before
judgment.
5
Sec.
2.
Section
228.9,
Code
2024,
is
amended
to
read
as
6
follows:
7
228.9
Disclosure
of
psychological
test
material.
8
1.
Except
as
otherwise
provided
in
this
section
,
a
person
in
9
possession
of
psychological
test
material
shall
not
disclose
10
the
material
to
any
other
person,
including
the
individual
11
who
is
a
subject
of
the
test.
In
addition,
the
test
material
12
shall
not
be
disclosed
in
any
administrative,
judicial,
or
13
legislative
proceeding.
However,
upon
the
14
2.
Upon
request
of
an
individual
who
is
the
subject
of
15
a
test,
all
records
associated
with
a
psychological
test
of
16
that
individual
shall
be
disclosed
to
a
psychologist
licensed
17
pursuant
to
chapter
154B
designated
by
the
individual.
An
18
individual’s
request
for
the
records
shall
be
in
writing
and
19
shall
comply
with
the
requirements
of
section
228.3
,
relating
20
to
voluntary
disclosures
of
mental
health
information,
except
21
that
the
individual
shall
not
have
the
right
to
inspect
the
22
test
materials.
23
3.
Unless
otherwise
ordered
by
a
court,
subsection
1
shall
24
not
apply
in
a
civil
action
if
a
demand
for
psychological
test
25
material
has
been
made
pursuant
to
a
discovery
request
or
a
26
subpoena
issued
in
litigation
and
the
cognitive
abilities
of
27
the
individual
who
is
the
subject
of
the
test
are
at
issue
in
28
the
litigation.
29
4.
If
a
court,
in
a
civil
action
involving
sexual
abuse,
30
receives
test
material
from
the
subject
of
the
test,
the
31
psychological
test
material
shall
be
sealed
by
a
protective
32
order
and
barred
from
disclosure
to
any
person
not
directly
33
involved
in
the
litigation.
34
Sec.
3.
Section
622.4,
Code
2024,
is
amended
to
read
as
35
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follows:
1
622.4
Medical
expenses.
2
1.
Evidence
offered
to
prove
past
medical
expenses
shall
3
be
limited
to
evidence
of
the
amounts
actually
paid
to
satisfy
4
the
bills
that
have
been
satisfied,
regardless
of
the
source
5
of
payment,
and
evidence
of
the
amounts
actually
necessary
6
to
satisfy
the
bills
that
have
been
incurred
but
not
yet
7
satisfied.
Evidence
of
the
amounts
actually
necessary
to
8
satisfy
the
bills
that
have
been
incurred
shall
not
exceed
9
the
amount
by
which
the
bills
could
be
satisfied
by
the
10
claimant’s
health
insurance,
regardless
of
whether
such
health
11
insurance
is
used
or
will
be
used
to
satisfy
the
bills.
This
12
section
does
not
impose
upon
any
party
an
affirmative
duty
to
13
seek
a
reduction
in
billed
charges
to
which
the
party
is
not
14
contractually
entitled.
15
2.
If
the
claimant
fails
to
offer
evidence
to
prove
past
or
16
future
medical
expenses,
the
adverse
party
may
offer
evidence
17
of
the
plaintiff’s
medical
expenses
into
evidence
consistent
18
with
subsection
1
and
section
668.14A.
19
Sec.
4.
Section
622.10,
subsection
2,
Code
2024,
is
amended
20
to
read
as
follows:
21
2.
The
prohibition
does
not
apply
to
cases
where
the
22
person
in
whose
favor
the
prohibition
is
made
waives
the
23
rights
conferred;
nor
does
the
prohibition
apply
to
physicians
24
or
surgeons,
physician
assistants,
advanced
registered
25
nurse
practitioners,
mental
health
professionals,
or
to
26
the
stenographer
or
confidential
clerk
of
any
physicians
or
27
surgeons,
physician
assistants,
advanced
registered
nurse
28
practitioners,
or
mental
health
professionals,
in
a
civil
29
action
in
which
the
physical
or
mental
condition
of
the
person
30
in
whose
favor
the
prohibition
is
made
is
an
element
or
factor
31
of
the
claim
or
defense
of
the
person
or
of
any
party
claiming
32
through
or
under
the
person.
The
evidence
is
admissible
33
upon
trial
of
the
action
only
as
it
relates
to
the
condition
34
alleged.
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Sec.
5.
Section
622.10,
subsection
3,
paragraphs
a
and
b,
1
Code
2024,
are
amended
to
read
as
follows:
2
a.
In
a
civil
action
in
which
the
physical
or
mental
3
condition
of
the
plaintiff
in
whose
favor
the
prohibition
4
is
made
is
an
element
or
factor
of
the
claim
or
defense
of
5
the
adverse
party
or
of
any
party
claiming
through
or
under
6
the
adverse
party,
the
adverse
party
shall
make
a
written
7
request
for
records
relating
to
the
condition
alleged
upon
8
the
plaintiff’s
attorney
for
a
legally
sufficient
patient’s
9
waiver
under
federal
and
state
law.
Upon
receipt
of
a
written
10
request,
the
plaintiff
shall
execute
a
legally
sufficient
11
patient’s
waiver
and
release
it
to
the
adverse
party
making
the
12
request
within
sixty
days
of
receipt
of
the
written
request.
13
The
patient’s
waiver
may
require
a
physician
or
surgeon,
14
physician
assistant,
advanced
registered
nurse
practitioner,
or
15
mental
health
professional
to
do
all
of
the
following:
16
(1)
Provide
a
complete
copy
of
the
patient’s
records
17
regardless
of
the
date
of
treatment,
including
but
not
limited
18
to
any
reports
or
diagnostic
imaging
relating
to
the
patient’s
19
physical
or
mental
condition
alleged
.
The
plaintiff
shall
not
20
refuse
to
allow
access
to
mental
health
information
if
the
21
plaintiff
claims
physical
pain
and
suffering,
mental
pain
and
22
suffering,
loss
of
full
mind
and
body,
or
emotional
distress.
23
(2)
Consult
with
the
attorney
for
the
adverse
party
prior
24
to
providing
testimony
regarding
the
plaintiff’s
medical
25
history
and
the
condition
alleged
and
opinions
regarding
health
26
etiology
and
prognosis
for
the
condition
alleged
subject
to
the
27
limitations
in
paragraphs
“c”
and
“e”
.
28
b.
If
a
plaintiff
fails
to
sign
a
waiver
or
file
objection
29
with
the
court
within
the
prescribed
time
period,
the
court
30
may
order
disclosure
or
compliance.
The
failure
of
a
party
31
to
comply
with
the
court’s
order
may
be
grounds
for
dismissal
32
of
the
action
or
any
other
relief
authorized
under
the
rules
33
of
civil
procedure.
In
the
event
the
plaintiff
files
a
34
timely
objection
to
the
written
request
for
a
patient’s
waiver
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and
release,
the
plaintiff
has
the
burden
of
proof
that
the
1
particular
records
are
not
relevant
to
the
subject
matter
2
of
the
action
and
not
reasonably
calculated
to
lead
to
the
3
discovery
of
admissible
evidence.
4
Sec.
6.
Section
668.14,
subsection
1,
Code
2024,
is
amended
5
to
read
as
follows:
6
1.
In
an
action
brought
pursuant
to
this
chapter
seeking
7
damages
for
personal
injury,
the
court
shall
permit
evidence
8
and
argument
as
to
the
previous
payment
or
future
right
of
9
payment
of
actual
economic
losses
incurred
or
to
be
incurred
10
as
a
result
of
the
personal
injury
for
necessary
medical
care,
11
rehabilitation
services,
and
custodial
care
,
past
lost
wages,
12
future
loss
of
earning
capacity,
workers’
compensation,
and
13
disability
except
to
the
extent
that
the
previous
payment
or
14
future
right
of
payment
is
pursuant
to
a
state
or
federal
15
program
or
from
assets
of
the
claimant
or
the
members
of
the
16
claimant’s
immediate
family.
17
Sec.
7.
Section
668.15A,
Code
2024,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
6.
The
limitations
specified
in
subsection
20
2
shall
not
be
disclosed
to
a
jury
in
any
such
action,
but
shall
21
be
imposed
by
the
court
before
judgment.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
civil
procedure,
including
disclosures
26
that
may
be
made
to
a
jury
and
the
availability
of
certain
27
medical
records.
28
The
bill
prohibits
the
jury
from
being
informed
of
a
damages
29
cap
applied
by
the
court
after
a
verdict
is
rendered
in
medical
30
malpractice
cases.
31
In
a
civil
action
where
a
demand
for
psychological
test
32
material
has
been
made
by
a
discovery
request
or
a
subpoena
33
issued
in
litigation,
and
the
cognitive
abilities
of
the
34
individual
who
is
the
subject
of
the
test
are
at
issue
in
the
35
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litigation,
the
bill
provides
that
the
material
is
discoverable
1
by
the
adverse
party.
The
bill
seals
psychological
test
2
material
from
the
subject
of
the
test
in
civil
sexual
assault
3
actions
and
is
only
discoverable
by
those
directly
involved
in
4
the
litigation.
5
The
bill
allows
the
adverse
party
to
present
evidence
of
the
6
plaintiff’s
medical
expenses
if
the
plaintiff
fails
to
offer
7
evidence
to
prove
the
medical
expenses.
8
The
bill
allows
mental
and
physical
condition
records
held
9
in
a
professional
capacity
to
be
discoverable
by
the
adverse
10
party
by
written
request
to
the
plaintiff.
The
plaintiff
11
cannot
refuse
to
waive
confidentiality
of
those
records
if
12
the
plaintiff
is
claiming
physical
pain
and
suffering,
mental
13
pain
and
suffering,
loss
of
full
body
and
mind,
or
emotional
14
distress.
If
the
plaintiff
does
object
to
the
record
request,
15
the
plaintiff
has
the
burden
of
proof
that
the
information
16
sought
is
not
relevant
to
the
subject
matter
of
the
action
and
17
reasonably
calculated
to
lead
to
the
discovery
of
admissible
18
evidence.
19
The
bill
expands
the
disclosure
available
to
the
jury
of
20
actual
economic
losses
as
a
result
from
the
injury
to
also
21
include
past
lost
wages,
future
loss
of
earning
capacity,
22
workers’
compensation,
and
disability
benefits.
23
The
bill
prohibits
disclosure
of
the
newly
enacted
damages
24
caps
to
the
jury
applied
by
the
court
after
a
verdict
is
25
rendered
in
commercial
motor
vehicle
tort
cases.
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