Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 503 (2025GS)

Sponsor

Rep. Hall, Katy

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• with respect to a medical malpractice action:
• repeals requirements related to affidavits of merit;
• prohibits prejudicing a defendant in an adjudication of a claimant's claims;
• prohibits pursuing or collecting on a judgment against a health care provider's personal income or assets, with exceptions;
• grants access to the court's Xchange database to the Division of Professional Licensing (division);
• establishes data collection and reporting requirements for the division;
• amends procedure pertaining to prelitigation review panels and panel reviews;
• makes a prelitigation review panel's recommendations or findings advisory; and
• makes technical changes.

Every vote on this bill

Bill text

136
78B-3-405.5
78B-3-410
78B-3-416
78B-3-418
78B-3-418.5
78B-3-423
78B-3-423.1
0
Medical Malpractice Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: Scott D. Sandall
LONG TITLE
General Description:
This bill addresses malpractice actions against health care providers.
Highlighted Provisions:
This bill:
defines terms;
with respect to a medical malpractice action:
repeals requirements related to affidavits of merit;
prohibits prejudicing a defendant in an adjudication of a claimant's claims;
prohibits pursuing or collecting on a judgment against a health care provider's personal 
income or assets, with exceptions;
grants access to the court's Xchange database to the Division of Professional Licensing 
(division);
establishes data collection and reporting requirements for the division;
amends procedure pertaining to prelitigation review panels and panel reviews; and
makes a prelitigation review panel's recommendations or findings advisory; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-3-410
, as last amended by Laws of Utah 2010, Chapter 97
78B-3-416
, as last amended by Laws of Utah 2024, Chapter 366
78B-3-418
, as last amended by Laws of Utah 2022, Chapter 212
78B-3-423
, as last amended by Laws of Utah 2022, Chapter 212
ENACTS:
78B-3-405.5
, Utah Code Annotated 1953
78B-3-418.5
, Utah Code Annotated 1953
78B-3-423.1
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78B-3-405.5
 is enacted to read:
78B-3-405.5
. Economic damages -- Judgments against personal assets.
(1)
This section applies to malpractice actions against health care providers, as defined in 
Section 
78B-3-403
.
(2)
In a trial, the factfinder or court may not prejudice a defendant by knowing or 
considering evidence of the claimant's alleged losses for past medical expenses or the 
cost of medical equipment before:
(a)
liability for the alleged losses has been established; and
(b)
any claim for or award of noneconomic damages, if any, for the alleged losses has 
been fully adjudicated or entered.
(3)
(a)
Subject to Subsection (3)(b):
(i)
the court may add economic damages to an award, if any, under Subsection (2)(b) 
based on amounts that the plaintiff or a third party insurer, whether public or 
private, actually paid for medical expenses related to the injury at issue; and
(ii)
if a plaintiff did not have insurance to pay medical expenses related to the injury 
at issue, the court may award economic damages for amounts the plaintiff actually 
paid or owes for medical care resulting from the loss.
(b)
The court may not calculate an award of economic damages based solely on amounts 
indicated on a medical bill or invoice.
(4)
A plaintiff may not pursue, collect, or execute on a judgment against an individual 
health care provider's personal income or assets, unless the court finds that:
(a)
the provider's conduct was willful and malicious or intentionally fraudulent; or
(b)
the defendant provider failed to maintain an insurance policy with a policy limit of at 
least $1,000,000.
(5)
Prior to any award of damages to a plaintiff, a plaintiff may not make allegations that 
the court finds:
(a)
are irrelevant to the adjudication of the claims at issue;
(b)
are made primarily to coerce or induce settlement in an individual defendant 
provider; and
(c)
pertain to a provider's personal income or assets.
Section 2, Section 
78B-3-410
 is amended to read:
78B-3-410
. Limitation of award of noneconomic damages and economic damages 
in malpractice actions.
(1)
In a malpractice action against a health care provider, an injured plaintiff may recover 
noneconomic losses 
Subject to Subsection 
(3)
, an injured plaintiff in a malpractice 
action against a health care provider may only recover noneconomic losses 
to 
compensate for pain, suffering, and inconvenience. The amount of damages awarded 
for noneconomic loss may not exceed:
(a)
for a cause of action arising before July 1, 2001, $250,000;
(b)
for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the 
limitation is adjusted for inflation to $400,000;
(c)
for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the 
$400,000 limitation described in Subsection 
(1)(b)
 shall be adjusted for inflation as 
provided in Subsection 
(2)
; and
(d)
for a cause of action arising on or after May 15, 2010, $450,000.
(2)
(a)
Beginning July 1, 2002 and each July 1 thereafter until July 1, 2009, the limit for 
damages under Subsection 
(1)(c)
 shall be adjusted for inflation by the 
state treasurer
Administrative Office of the Courts
.
(b)
By July 15 of each year until July 1, 2009, the state treasurer shall:
(i)
certify the inflation-adjusted limit calculated under this Subsection 
(2)
; and
(ii)
inform the Administrative Office of the Courts of the certified limit.
(c)
(b)
The amount resulting from Subsection 
(2)(a)
 shall:
(i)
be rounded to the nearest $10,000; and
(ii)
apply to a cause of action arising on or after the date the annual adjustment is 
made.
(3)
As used in this section, "inflation" means the seasonally adjusted consumer price index 
for all urban consumers as published by the Bureau of Labor Statistics of the United 
States Department of Labor.
(4)
The limit under Subsection 
(1)
 does not apply to awards of punitive damages.
Section 3, Section 
78B-3-416
 is amended to read:
78B-3-416
. Division to provide review panel -- Exemption -- Procedures -- 
Statute of limitations tolled -- Composition of panel -- Expenses -- Division authorized to 
set license fees.
(1)
(a)
The division shall provide a 
hearing panel in alleged medical liability cases 
against health care providers as defined in Section 
78B-3-403
, 
prelitigation review 
panel to conduct a panel review in accordance with this part, in all malpractice 
actions against a health care provider, 
except dentists or dental care providers.
(b)
(i)
The division shall establish procedures for 
prelitigation consideration of 
medical liability claims for damages arising out of the provision of or alleged 
failure to provide health care
panel reviews
.
(ii)
The division may establish rules necessary to administer the process and 
procedures related to 
prelitigation hearings
a panel review
 and the conduct of 
prelitigation hearings
a member of a prelitigation review panel or participant in a 
panel review
 in accordance with Sections 
78B-3-416
 through 
78B-3-420
.
(c)
The proceedings are
A panel review is
 informal, nonbinding, and 
are 
not subject 
to Title 63G, Chapter 4, Administrative Procedures Act, but 
are
is
 compulsory as a 
condition precedent to commencing litigation.
(d)
Proceedings 
A panel review that is 
conducted under authority of this section 
are
is
confidential, privileged, and immune from civil process.
(e)
The division may not provide more than one 
hearing panel
review panel
 for each 
alleged 
medical liability case against a health care provider
malpractice action 
against a health care provider
.
(2)
(a)
The party initiating a 
medical liability action
malpractice action against a health 
care provider
 shall file a request for 
a 
prelitigation panel review with the division 
within 60 days after the service of a statutory notice of intent to commence action 
under Section 
78B-3-412
.
(b)
The request shall include a copy of the notice of intent to commence action
. The 
request shall be mailed to
 and the claimant shall mail the request and notice of intent 
to
 all health care providers named in the notice and request.
(3)
(a)
As used in this Subsection (3):
(i)
"Court-appointed therapist" means a mental health therapist ordered by a court to 
provide psychotherapeutic treatment to an individual, a couple, or a family in a 
domestic case.
(ii)
"Domestic case" means a proceeding under:
(A)
Title 78B, 
Chapter 7, Protective Orders and Stalking Injunctions;
(B)
Title 78B, 
Chapter 13, Utah Uniform Child Custody Jurisdiction and 
Enforcement Act; 
(C)
Title 78B, 
Chapter 15, Utah Uniform Parentage Act;
(D)
Title 81, Chapter 4, Dissolution of Marriage; or
(E)
Title 81, Chapter 9, Custody, Parent-time, and Visitation.
(iii)
"Mental health therapist" means the same as that term is defined in Section 
58-60-102
.
(b)
If a court appoints a court-appointed therapist in a domestic case, a party to the 
domestic case may not file a request for a prelitigation panel review for a malpractice 
action against the court-appointed therapist during the pendency of the domestic case, 
unless:
(i)
the party has requested that the court release the court-appointed therapist from 
the 
appointment; and
(ii)
the court finds good cause to release the court-appointed therapist from the 
appointment.
(c)
If a party is prohibited from filing a request for a 
prelitigation 
panel review under 
Subsection (3)(b), the applicable statute of limitations tolls until the earlier of:
(i)
the court releasing the court-appointed therapist from 
the 
appointment as 
described in Subsection (3)(b); or
(ii)
the court entering a final order in the domestic case.
(4)
(a)
The filing of a request for 
a 
prelitigation panel review under this section tolls the 
applicable statute of limitations until the later of:
(i)
60 days following the division's issuance of:
(A)
an opinion by the 
prelitigation 
review 
panel; or
(B)
a certificate of compliance under Section 
78B-3-418
; or
(ii)
the expiration of the time for holding a 
hearing 
panel review 
under Subsection 
(4)(b)(ii)
.
(b)
The division shall:
(i)
send any opinion issued by the panel to all parties by regular mail; and
(ii)
complete a 
prelitigation hearing 
panel review 
under this section within:
(A)
180 days after the filing of the request for prelitigation panel review; or
(B)
any longer period as agreed upon in writing by all parties to the review.
(c)
If the prelitigation hearing has not been completed within the time limits established 
in Subsection (4)(b)(ii), the claimant shall:
(i)
file an affidavit of merit under the provisions of Section 
78B-3-423
; or
(ii)
file an affidavit with the division within 180 days of the request for pre-litigation 
review, in accordance with Subsection (4)(d), alleging that the respondent has 
failed to reasonably cooperate in scheduling the hearing.
(c)
If a panel review does not occur within the time limits under Subsection 
(4)(b)(ii)
, 
the claimant or respondent may, no later than 180 days after the day on which the 
request for a panel review was filed under Subsection 
(2)
, file with the division an 
affidavit alleging with supporting attachments, if any:
(i)
that the claimant or respondent failed to reasonably cooperate in scheduling the 
panel review; or
(ii)
any other reason that the panel review did not occur within the time limits under 
Subsection 
(4)(b)(ii)
.
(d)
If the claimant 
or respondent 
files an affidavit under Subsection 
(4)(c)(ii)
(4)(c)
:
(i)
within 15 days of the filing of the affidavit
 under Subsection (4)(c)(ii)
, the 
division shall 
determine whether either the respondent or the claimant failed to 
reasonably cooperate in the scheduling of a pre-litigation hearing; and
conclude, 
based solely on the affidavit and any supporting attachments, whether the claimant 
or respondent failed to reasonably cooperate in the scheduling of the panel review; 
and
(ii)
(A)
if the 
determination is
division finds
 that the 
respondent failed to 
reasonably cooperate in the scheduling of a hearing, and the 
claimant
 or 
respondent
 did not fail to reasonably cooperate, the division shall
,
 issue a 
certificate of compliance for the claimant in accordance with 
Section 
78B-3-418
Subsection 
78B-3-418(3)(b)
, stating the division's determination 
and the facts upon which the determination is based
; or
(B)
if the division makes a determination other than the determination in 
Subsection (4)(d)(ii)(A), 
the claimant shall file an affidavit of merit in 
accordance with Section 
78B-3-423
, within 30 days of the determination of the 
division under this Subsection (4)
the division shall, subject to Subsection 
(4)(f)
, 
issue a certificate of compliance for the claimant, in accordance with 
Subsection 
78B-3-418(3)(b)
, stating the division's determination and the facts 
upon which the determination is based
.
(e)
(i)
The claimant and any respondent may agree by written stipulation 
that no 
useful purpose would be served by convening a prelitigation panel
to waive the 
requirement to convene a panel review
 under this section.
(ii)
When the stipulation is filed with the division, the division shall within 10 days 
after receipt issue a certificate of compliance under 
Section 
78B-3-418
Subsection 
78B-3-418(3)(c)
, as it concerns the stipulating respondent, and stating 
that the claimant has 
complied with all conditions precedent to the 
commencement of litigation regarding the claim
satisfied, by stipulation, the 
condition precedent under Subsection 
(1)(c)
 to commencing litigation
.
(f)
The division may not issue a certificate of compliance if the division finds under 
Subsection (4)(d)(ii)(B) that the claimant failed to reasonably cooperate in the 
scheduling of the panel review.
(5)
The division shall provide for and appoint an appropriate panel 
or panels to hear
to 
consider
 complaints of medical liability and damages, made by or on behalf of any 
patient who is an alleged victim of 
medical liability. 
malpractice. 
The panels are 
composed of:
(a)
one member who is a resident lawyer currently licensed and in good standing to 
practice law in this state and who shall serve as chairman of the panel, who is 
appointed by the division from among qualified individuals who have registered with 
the division indicating a willingness to serve as panel members, and a willingness to 
comply with the rules of professional conduct governing lawyers in the state, and 
who has completed division training regarding conduct of 
panel hearings
panel 
reviews
;
(b)
(i)
one or more members who are licensed health care providers listed under 
Section 
78B-3-403
, who are practicing and knowledgeable in the same specialty 
as the proposed 
defendant
respondent
, and who are appointed by the division in 
accordance with Subsection (6); or
(ii)
in claims against only a health care facility or the facility's employees, one 
member who is an individual currently serving in a health care facility 
administration position directly related to health care facility operations or 
conduct that includes responsibility for the area of practice that is the subject of 
the liability claim, and who is appointed by the division; and
(c)
a lay panelist who is not a lawyer, doctor, hospital employee, or other health care 
provider, and who is a responsible citizen of the state, selected and appointed by the 
division from among individuals who have completed division training with respect 
to panel 
hearings
reviews
.
(6)
(a)
Each person listed as a health care provider in Section 
78B-3-403
 and practicing 
under a license issued by the state, is obligated as a condition of holding that license 
to participate as a member of a 
medical liability prelitigation panel
prelitigation 
review panel
 at reasonable times, places, and intervals, upon issuance, with advance 
notice given in a reasonable time frame, by the division of an Order to Participate as 
a Medical Liability Prelitigation Panel Member.
(b)
A licensee may be excused from appearance and participation as a panel member 
upon the division finding participation by the licensee will create an unreasonable 
burden or hardship upon the licensee.
(c)
A licensee 
whom
who
 the division finds failed to appear and participate as a panel 
member when so ordered, without adequate explanation or justification and without 
being excused for cause by the division, may be assessed an administrative fine not to 
exceed $5,000.
(d)
A licensee 
whom
who
 the division finds intentionally or repeatedly failed to appear 
and participate as a panel member when so ordered, without adequate explanation or 
justification and without being excused for cause by the division, may be assessed an 
administrative fine not to exceed $5,000, and is guilty of unprofessional conduct.
(e)
All fines collected under Subsections (6)(c) and (d) shall be deposited into the 
Physicians Education Fund created in Section 
58-67a-1
.
(f)
The director of the division may collect a fine that is not paid by:
(i)
referring the matter to a collection agency; or
(ii)
bringing an action in the district court of the county where the person against 
whom the penalty is imposed resides or in the county where the office of the 
director is located.
(g)
A county attorney or the attorney general of the state shall provide legal assistance 
and advice to the director in an action to collect a fine.
(h)
A court shall award reasonable attorney fees and costs to the prevailing party in an 
action brought by the division to collect a fine.
(7)
Each person selected as a panel member shall certify, under oath, that 
he
the member
has no bias or conflict of interest with respect to any matter under consideration.
(8)
A member of 
the prelitigation hearing
a prelitigation review
 panel may not receive 
compensation or benefits for the member's service, but may receive per diem and travel 
expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(9)
(a)
In addition to the actual cost of administering the licensure of health care 
providers, the division may set license fees of health care providers within the limits 
established by law equal to their proportionate costs of administering prelitigation 
panels.
(b)
The claimant bears none of the costs of administering the prelitigation panel except 
under Section 
78B-3-420
.
Section 4, Section 
78B-3-418
 is amended to read:
78B-3-418
. Opinion and recommendations of panel.
(1)
(a)
The 
prelitigation review 
panel shall issue an opinion and the division shall issue a 
certificate of compliance with the 
pre-litigation hearing
prelitigation
 requirements of 
this part in accordance with this section.
(b)
A certificate of compliance issued in accordance with this section is proof that 
the 
claimant has complied with all conditions precedent under this part prior to the 
commencement of litigation as required in Subsection 
78B-3-412(1)
the claimant has 
met all conditions precedent under this section to commencing litigation
.
(2)
(a)
The panel shall render 
its
an
 opinion in writing not later than 30 days after the 
end of the proceedings
day on which the panel review concludes
, and determine on 
the basis of the evidence whether:
(i)
each claim against each health care provider has merit or has no merit; and
(ii)
if a claim is 
meritorious, whether 
deemed meritorious under Subsection (2)(a)(i), 
the conduct complained of resulted in harm to the claimant.
(b)
There is no judicial or other review or appeal of the panel's 
decision or 
recommendations
opinion under Subsection 
(2)(a)
.
(3)
The division shall issue a certificate of compliance to the claimant, for each respondent 
named in the 
notice of 
intent to file a claim under this part, if:
(a)
for a named respondent, the panel issues an opinion 
of merit 
under 
Subsections 
(2)(a)(i)
 and 
(ii)
Subsection (2)(a)
;
(b)
for a named respondent, the claimant files an affidavit of merit in accordance with 
Section 
78B-3-423
 if the opinion under Subsection 
(1)(a)
 is non-meritorious under 
either Subsection 
(2)(a)(i)
 or 
(ii)
;
(c)
(b)
the claimant has complied with the provisions of Subsections 
78B-3-416(4)(c)
and 
(d)
; or
(d)
(c)
the parties submitted a stipulation under Subsection 
78B-3-416(4)
(e).
Section 5, Section 
78B-3-418.5
 is enacted to read:
78B-3-418.5
. Attorney fees.
(1)
The court may award attorney fees and costs to a respondent provider if:
(a)
(i)
a prelitigation review panel renders an opinion under Subsection 
78B-3-418(2)(a)
 that a claimant's claim or cause of action has no merit; or
(ii)
the court finds that the claimant did not receive a certificate of compliance 
because the plaintiff failed to reasonably cooperate in the scheduling of the 
prelitigation panel review under Subsection 
78B-3-416(4)(f)
;
(b)
the claimant proceeds to litigate the malpractice action against a health care provider 
without obtaining an affidavit of merit under Section 
78B-3-423
; and
(c)
the court finds that the claimant did not substantially prevail.
(2)
A claimant in a malpractice action against a health care provider, or the claimant's 
attorney, is liable to any respondent for the reasonable attorney fees and costs incurred 
by the respondent, or by the respondent's insurer, in connection with any filing, 
submission, panel review, arbitration, or judicial proceeding under this part for which a 
claimant files or submits an affidavit containing an allegation that the court or arbitrator 
finds that the claimant knew, or should have known, to be baseless or false at the time 
the affidavit was signed, filed, or submitted.
(3)
A court, or an arbitrator under Section 
78B-3-421
, may award reasonable attorney fees 
or costs under Subsection 
(1)
 only if the respondent files a motion for the attorney fees 
or costs no later than 60 days after the day on which the court's or arbitrator's final 
decision, judgment, or dismissal of all claims in the action is entered.
Section 6, Section 
78B-3-423
 is amended to read:
78B-3-423
. Affidavit of merit.
(1)
(a)
For a cause of action that arises on or after July 1, 2010, before a claimant may 
receive a certificate of compliance under Sections 
78B-3-416
 and 
78B-3-418
, a 
claimant shall file an affidavit of merit under this section.
(b)
(1)
(a)
The claimant shall file an affidavit of merit
A claimant who elects to file an 
affidavit of merit shall file the affidavit of merit
:
(i)
within 60 days after the day on which the pre-litigation panel issues an opinion, if 
the claimant receives a finding from the pre-litigation panel in accordance with 
Section 
78B-3-418
 of non-meritorious for either:
(A)
the claim of breach of applicable standard of care; or
(B)
that the breach of care was the proximate cause of injury;
(ii)
within 60 days after the day on which the time limit in Subsection 
78B-3-416(4)(b)(ii)
 expires, if a pre-litigation hearing is not held within the time 
limits under Subsection 
78B-3-416(4)
(b)(ii); or
(iii)
within 30 days after the day on which the division makes a determination under 
Subsection 
78B-3-416(4)
(d)(ii)(B), if the division makes a determination under 
Subsection 
78B-3-416(4)
(d)(ii)(B).
(c)
(b)
A claimant who 
is 
required
elects
 to file an affidavit of merit under 
Subsection 
(1)(a)
 shall:
(i)
file the affidavit of merit with the division; and
(ii)
serve each defendant with the affidavit of merit in accordance with Subsection 
78B-3-412(3)
.
(2)
 A claimant may proceed to litigate and pursue a judicial remedy regardless of whether:
(a)
the claimant has obtained or filed an affidavit of merit under this section;
(b)
a review panel deemed the claimant's claims to have merit; or
(c)
the claimant participated in a review panel.
(2)
(3)
The affidavit of merit shall:
(a)
be executed by the claimant's attorney or the claimant if the claimant is proceeding 
pro se, stating that the affiant has consulted with and reviewed the facts of the case 
with a health care provider who has determined after a review of the medical record 
and other relevant material involved in the particular action that there is a reasonable 
and meritorious cause for the filing of a medical liability action; and
(b)
include an affidavit signed by a health care provider who meets the requirements of 
Subsection 
(4)
(5)
:
(i)
stating that in the health care provider's opinion, there are reasonable grounds to 
believe that the applicable standard of care was breached;
(ii)
stating that in the health care provider's opinion, the breach was a proximate 
cause of the injury claimed in the notice of intent to commence action; and
(iii)
stating the reasons for the health care provider's opinion.
(3)
(4)
The statement required in Subsection 
(2)(b)(i)
(3)(b)(i)
 shall be waived if the 
claimant received an opinion that there was a breach of the applicable standard of care 
under Subsection 
78B-3-418(2)(a)(i)
.
(4)
(5)
A health care provider who signs an affidavit under Subsection 
(2)(b)
(3)(b)
 shall:
(a)
if none of the respondents is a physician or an osteopathic physician, hold a current 
unrestricted license issued by the appropriate licensing authority of Utah or another 
state in the same specialty or of the same class of license as the respondents; or
(b)
if at least one of the respondents is a physician or an osteopathic physician, hold a 
current unrestricted license issued by the appropriate licensing authority of Utah or 
another state to practice medicine in all its branches.
(5)
(6)
A claimant's attorney or claimant may obtain up to a 60-day extension to file the 
affidavit of merit if:
(a)
the claimant or the claimant's attorney submits a signed affidavit for extension with 
notice to the division attesting to the fact that the claimant is unable to submit an 
affidavit of merit as required by this section because:
(i)
a statute of limitations would impair the action; and
(ii)
the affidavit of merit could not be obtained before the expiration of the statute of 
limitations; and
(b)
the claimant or claimant's attorney submits the affidavit for extension to each named 
respondent in accordance with Subsection 
78B-3-412(3)
 no later than 60 days after 
the date specified in Subsection 
(1)(b)(i)
(1)(a)(i)
.
(6)
(7)
(a)
A claimant or claimant's attorney who submits allegations in an affidavit of 
merit that are found to be without reasonable cause and untrue, based on information 
available to the plaintiff at the time the affidavit was submitted to the division, is 
liable to the defendant for the payment of reasonable expenses and reasonable 
attorney fees actually incurred by the defendant or the defendant's insurer.
(b)
An affidavit of merit is not admissible, and cannot be used for any purpose, in a 
subsequent lawsuit based on the claim that is the subject of the affidavit, except for 
the purpose of establishing the right to recovery under Subsection 
(6)(c)
(7)(c)
.
(c)
A court, or arbitrator under Section 
78B-3-421
, may award costs and attorney fees 
under Subsection 
(6)(a)
(7)(a)
 if the defendant files a motion for costs and attorney 
fees within 60 days of the judgment or dismissal of the action in favor of the 
defendant. The person making a motion for attorney fees and costs may depose and 
examine the health care provider who prepared the affidavit of merit under 
Subsection 
(2)(b)
(3)(b)
.
(7)
If a claimant or the claimant's attorney does not file an affidavit of merit as required by 
this section, the division may not issue a certificate of compliance for the claimant and 
the malpractice action shall be dismissed by the court.
(8)
For each request for prelitigation panel review under Subsection 
78B-3-416(2)(b)
78B-3-416(2)
, the division shall compile the following information:
(a)
whether the cause of action arose on or after July 1, 2010;
(b)
the number of respondents named in the request; and
(c)
for each respondent named in the request:
(i)
the respondent's license class;
(ii)
if the respondent has a professional specialty, the respondent's professional 
specialty;
(iii)
if the division does not issue a certificate of compliance at the conclusion of the 
prelitigation process, the reason a certificate was not issued;
(iv)
if the division issues a certificate of compliance, the reason the certificate of 
compliance was issued;
(v)
if an affidavit of merit was filed by the claimant, for each health care provider 
who submitted an affidavit under Subsection 
(2)(b)
(3)(b)
:
(A)
the health care provider's license class and professional specialty; and
(B)
whether the health care provider meets the requirements of Subsection 
78B-3-416(5)
(b); and
(vi)
whether the claimant filed an action in court against the respondent.
(9)
The division may require the following persons to submit the information to the division 
necessary for the division to comply with Subsection 
(8)
:
(a)
a claimant;
(b)
a respondent;
(c)
a health care provider who submits an affidavit under Subsection 
(2)(b)
(3)(b)
; and
(d)
a medical liability pre-litigation panel.
Section 7, Section 
78B-3-423.1
 is enacted to read:
78B-3-423.1
. Division collection of panel review data.
(1)
The division shall:
(a)
compile a written report summarizing the division's administration of panel reviews, 
including at least the information described in Subsection 
(2)
;
(b)
in compiling the written report under Subsection 
(1)(a)
, review information obtained 
from the court's Xchange database, made available to the division without cost by the 
Administrative Office of the Courts; and
(c)
provide the written report under Subsection 
(1)(a)
 to the Judiciary Interim Committee 
no later than November 1 of each year.
(2)
The report under Subsection 
(1)
 shall detail, for the period beginning on the day after 
the day through which the last report covered, and ending on the day through which data 
is available:
(a)
the number of panel reviews the division convened, by respective license class;
(b)
the number of cases for which a claimant filed a complaint in court;
(c)
the number of cases in which a provider and claimant agreed to forgo a panel review;
(d)
the number of cases in which a provider and claimant agreed to use a panel review as 
binding arbitration;
(e)
for each panel review the division convened, the prelitigation review panel's 
determinations regarding merit under Subsection 
78B-3-418(2)(a)
;
(f)
the number of cases that were settled after a panel review and:
(i)
before a complaint alleging a malpractice action against a health care provider in 
court is filed; and
(ii)
after a complaint alleging a malpractice action against a health care provider in 
court is filed; and
(g)
for cases alleging a malpractice action against a health care provider that were 
resolved, including by adjudication or stipulated settlement:
(i)
the amount of damages sought as compared to the amount of damages awarded or 
otherwise obtained, if known, including by the following categories:
(A)
noneconomic;
(B)
economic; and
(C)
punitive; and
(ii)
the number of cases that were dismissed with prejudice and without an award of 
damages or any other economic relief to the claimant.
Section 8. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 12:04 PM