Bill Numbers:

Key Provisions for talking points
  • A plaintiff can only collect against a provider’s personal income and assets if:
    1) The provider’s conduct was found to be willful, malicious, or intentionally fraudulent; or
    2) The provider did not maintain at least $1 million in insurance coverage.
  • Courts may award economic damages–past, present, and future–up to the amount actually paid by the plaintiff or insurer for medical expenses related to the injury.
  • A plaintiff may only recover non-economic losses to compensate for pain, suffering, and inconvenience, and must not exceed $500,000.
  • The current law allows patients to file malpractice suits within four years from the accrual of the cause of action. SF 3489 would reduce this window to two years.
Why we need the Healthcare Provider Protection Act

Protecting Health Care Providers from Financial Ruin

Limiting personal liability and damages, especially non-economic damages, protects physicians and other health care providers from personal financial disaster. We need to protect those people who have made it their mission to safeguard our health and lives.

Case Study: Emergency Medicine Physicians do not get to choose their patients

Emergency medicine physicians are under intense pressure to diagnose everything perfectly, often under crisis conditions, and sometimes with minimal medical information. Under federal law, the Emergency Medical Treatment and Labor Act (EMTALA) requires emergency medicine physicians to care for every patient who comes through the door. For this care, the physician is typically paid approximately $200 per visit, but may not be paid at all, yet is being asked to put their personal financial well-being on the line for every patient.

Physician Migration and Access Desert

The average Minnesota medical malpractice payout is $720,000 per case. Every health care provider has the choice of practicing in Minnesota (where there are no damage caps) or another state (many of which have personal financial liability protections). Health care providers are not going to sacrifice their financial futures to practice in Minnesota. Providers will migrate to other states, further increasing the existing health care access deserts in Minnesota.

Lower health care costs

Physicians face the persistent threat of litigation, leading many to order unnecessary tests and procedures to protect against the risk of missing something. The Healthcare Provider Protection Act will alleviate this pressure, leading to lower healthcare costs.