Last Tuesday Rep. Lee Johnson (R — Greenwood) withdrew a bill that dealt with criminal liability for negligence and misconduct by healthcare professionals.
Right now if someone is harmed because of a healthcare professional’s negligence or misconduct, authorities can investigate the situation, and prosecutors can take appropriate action.
H.B. 1168 was a bill similar to legislation that other states have proposed to protect healthcare professionals from being prosecuted for honest mistakes. But H.B. 1168 was drafted in such a way that its wording could have made it difficult to prosecute healthcare workers who deliberately hurt another person. Fortunately, Rep. Johnson took the time to listen to people with concerns about the way the bill was drafted, and he chose to withdraw it from the legislature.
It’s important to protect good healthcare professionals, but our laws need to hold bad actors accountable as well. That is part of the reason Family Council has consistently opposed legislation that would shield nursing homes and similar facilities when their negligence harms or kills another person.
Family Council deeply appreciates Rep. Johnson taking the time to listen to Arkansans who had concerns about unintended consequences H.B. 1168 might have caused, and we support his decision to withdraw the bill from consideration.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
On Wednesday the Arkansas House of Representatives passed H.B. 1204 limiting what people who are injured through no fault of their own may recover in damages for their injuries.
Right now, when people are injured through no fault of their own, they can go to court to make the guilty party pay for their injuries.
The person or business who caused the injury cannot use the injured person’s insurance to reduce the damages they owe. Courts can review evidence and award appropriate damages based on the facts of the case. This ensures injured people get fair compensation for harm that others do to them.
H.B. 1204 restricts damages awarded in all civil lawsuits in Arkansas.
The measure limits what people can recover in damages when someone injures them through no fault of their own.
Under H.B. 1204, an injured person’s insurance could be used to reduce what the person or company who caused the injury has to pay.
A motel that aids or abets sex-trafficking could use a trafficking victim’s insurance policy to reduce what they have to pay for the victim’s injuries.
A drunk driver who kills or injures a stay-at-home mom could use the mother’s insurance to reduce what he has to pay to her or her family.
A church leader who abuses a child may get to pay less to the child’s family if the family has insurance.
Rep. Jimmy Gazaway (R — Paragould) explained some of the ways H.B. 1204 could hurt Arkansans during his testimony against the bill, which you can watch below.
H.B. 1204 might increase the insurance companies’ profits, but there is no guarantee it will lead to lower premiums for customers. There is no indication that legislation like H.B. 1204 has reduced insurance rates in any other state. That is part of the reason Louisiana Governor Jeff Landry vetoed a similar measure last year.
H.B. 1204 now goes to the Arkansas Senate for consideration. Below is a breakdown of how each representative voted on the bill.
The Following Representatives Voted FOR H.B. 1204
Achor
Andrews
Barker
Beaty Jr.
Beck
Bentley
S. Berry
Breaux
Brooks
K. Brown
M. Brown
N. Burkes
R. Burkes
Joey Carr
John Carr
Cavenaugh
Childress
Cozart
Crawford
Duke
Eaton
Eaves
Eubanks
Evans
Furman
Gonzales
Gramlich
Hall
Hawk
Hollowell
Jean
L. Johnson
Long
Lundstrum
Lynch
Maddox
Magie
McAlindon
McClure
McCollum
McGrew
B. McKenzie
McNair
S. Meeks
Milligan
J. Moore
K. Moore
Nazarenko
Painter
Pearce
Perry
Pilkington
Puryear
Ray
Richmond
Rose
Rye
Schulz
R. Scott Richardson
M. Shepherd
Steele
Steimel
Torres
Tosh
Underwood
Unger
Walker
Warren
Wing
Wooldridge
Wooten
The Following Representatives Voted AGAINST H.B. 1204
Barnes
Barnett
A. Collins
C. Cooper
Duffield
Ennett
D. Garner
Hudson
J. Mayberry
McCullough
M. McElroy
McGruder
T. Shephard
Springer
Wardlaw
D. Whitaker
Womack
Gonzales Worthen
The Following Representatives Voted “Present” on H.B. 1204
A. Brown
Clowney
Gazaway
Henley
Holcomb
The Following Representatives Did Not Vote
F. Allen
Dalby
K. Ferguson
Ladyman
J. Richardson
Vaught
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
On Tuesday the House Judiciary Committee passed H.B. 1204, a bad bill that limits what people can receive in damages when someone injures them through no fault of their own.
H.B. 1204 effectively reduces what trucking companies and other big businesses might be forced to pay when they injure a person or family.
The bill also benefits insurance companies, but it could hurt regular people who have faithfully paid their premiums. It is likely to deprive the injured party of the full benefit of their insurance and deny them full compensation for the harm that they suffered.
That might increase the insurance companies’ profits, but there is no guarantee it will result in lower premiums for customers.
Family Council is concerned about potential, unintended consequences this bill could have on families.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers. This article has been updated to include information regarding H.B. 1204’s passage in the House Judiciary Committee.
