Utah House approves first substitute of HB503 after debate; amendment requires $1 million minimum malpractice policy

Salt Lake City — The Utah House of Representatives on Feb. 28 passed the first substitute to House Bill 503, a measure changing elements of the state's medical malpractice framework, by a 41'to'25 vote after extended floor debate and the adoption of an amendment requiring providers to maintain at least $1,000,000 in malpractice insurance to preserve protection for personal assets.

The bill's sponsor, Representative Hall, told colleagues the substitute removes a cap on damages, alters attorney-fee provisions tied to pre-litigation review panels, requires claims to be processed first through a provider's malpractice insurer before a hospital or clinic's coverage is tapped, and establishes a data collection effort beginning in April to track suits, settlements and panel findings. "This bill is fundamentally about doing what we can to lower health care costs and increasing access for all Utahns," Hall said.

Lawmakers and witnesses have debated whether rising malpractice litigation drives health-care costs and prompts providers to leave practice. Supporters argued the changes would reduce frivolous suits and help retain doctors and nurses; opponents said parts of the substitute would make it harder for seriously injured patients to obtain full compensation.

Most of the substantive floor amendments and debate centered on three topics: the role and findings of the pre-litigation panel, the risk that attorney-fee allocation could penalize plaintiffs who prevail on some claims but not others, and protections for provider personal assets.

Representative Hall described revisions in the substitute including a provision that, when courts or juries calculate awards, those calculations should…