Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Medical Malpractice topic
No spam. Unsubscribe anytime.
House restores inflation indexing and approves medical-malpractice cap
Summary
After extended floor debate, the Utah House reinstated an inflation-index provision and passed Senate Bill 129 to raise and index the non-economic damages cap for medical-malpractice awards; the bill passed 52–22. Supporters said indexing preserved negotiated compromise; opponents warned it could increase insurance costs.
The Utah House of Representatives passed Senate Bill 129 as amended on Feb. 15, approving a higher cap on non-economic damages in medical-malpractice cases and reinstating an automatic inflation index for that cap. The measure passed on a roll-call vote, 52 yes to 22 no.
House debate focused on two linked provisions: raising the non-economic damages cap to a negotiated level of $400,000 and whether that cap should be automatically adjusted for inflation in later years. Supporters, including Representative Greg Curtis, argued the indexing preserves fairness over time and prevents the cap from losing value: “It’s probably sound policy to have that in there,” Curtis said in floor debate, adding that without indexing the cap’s purchasing power erodes.
Representative Daniels, who took part in negotiating the compromise, urged members to retain the indexing because it was part of a package the parties accepted. “This is a result of a compromise that all the parties can live with,” Daniels said, describing how the final figure reflected bargaining among trial lawyers, medical providers and insurers.
Opponents warned automatic indexing could raise malpractice-insurance costs and preferred that the Legislature revisit any adjustment periodically. Representative Faherty said indexing could shift rising insurance costs to the public and that lawmakers should act deliberately rather than allow an automatic increase.
The bill was debated with several amendments on the floor before the House restored the indexing language and voted to pass the measure. The bill will be transmitted to the Senate for further action or processing consistent with legislative procedure.
Next steps: SB 129, as amended, was passed by the House and will proceed according to interchamber procedures; sponsors and opponents indicated possible follow-up hearings or technical clarifications in committee records.
