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H.R.3656 / 116th Congress

ACCESS Act of 2019

Referred to the Subcommittee on Health.

Official summary

Version 00 · Introduced in House · Jul 9, 2019

Accessible Care by Curbing Excessive lawSuitS Act of 2019 or ACCESS Act of 2019 This bill establishes rules for health care lawsuits where some amount of coverage or care was provided or paid for by a federal program, regardless of the number of other parties to the claim. The bill sets a three-year maximum statute of limitations from the date of the injury, subject to specific exceptions. Further, noneconomic damages (e.g., damages for pain and suffering) are limited to a maximum of $250,000. The bill permits courts to supervise and limit contingent fees paid to attorneys and sets a maximum contingent fee percentage based on a downward sliding scale as a damages increase. The bill permits either party to introduce evidence of collateral source benefits (e.g., workers’ compensation programs, accident insurance coverage, or other future benefit). Statements by a health care provider expressing fault, sympathy, or apology are, however, inadmissible as evidence of liability. Additionally, a plaintiff must give 90 days’ notice to the health care provider before filing a lawsuit. When filing a health care lawsuit, plaintiffs also must simultaneously submit an affidavit in support of the claim from a health care professional who meets the standards for an expert witness that are provided in the bill. This bill generally does not preempt state laws that impose additional limits on health care liability claims.

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Who introduced it

Rep. Hudson, Richard [R-NC-8] · R–NC

Committees

  • Energy and Commerce Committee
  • Judiciary Committee
3 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Health.

  2. Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  3. Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Introduced in House

  5. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.

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Objective

Analyze H.R.3656 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Progressive lens

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Institutions and government scope

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Individual rights and government power

Liberty lens

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