MCAP Act
Latest action. clotureThe Senate's only procedure for ending debate over objection. Most legislation needs 60 votes; nominations need a simple majority.Read the full definition (opens a new tab) on the motion to proceed not invoked in Senate by Yea-Nay Vote. 48 - 42. Record Vote Number: 115. (consideration: continuing resolutionA stopgap law funding the government at existing levels when the annual appropriations bills are not done by October 1.Read the full definition (opens a new tab) S4146; text: CR S4146)
Medical Care Access Protection Act of 2006 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services.
Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
Requires a court to impose sanctions for the filing of frivolous lawsuits.
Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.
Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded.
Prescribes qualifications for expert witnesses.
Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under federal or state law.
Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000.
Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug, biological product, or medical device for an approved indication.
Provides for periodic payments of future damage awards.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on May 3, 2006. It describes the bill, it is not the legal text.
Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 48 - 42. Record Vote Number: 115. (consideration: CR S4146; text: CR S4146)
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Where is it in the process, and what happens next?
The latest action on file does not map to a stage Civibrief recognizes, so the page will not name one. The record's own words are the reliable fact here.
The record's latest action, on May 8, 2006: Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 48 - 42. Record Vote Number: 115. (consideration: CR S4146; text: CR S4146)
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 109th Congress (2005-06), 482 of the 10,701 bills and joint resolutions introduced became law, about 4.5 percent. That count covers every measure at every stage, including the many that never left committee.
This one has no outstanding steps listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
JOHN ENSIGN (R-NV) introduced it on May 3, 2006, and 19 members have since signed on as cosponsors.
They are 19 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on May 3, 2006, 7435 days ago. The most recent recorded action was 7430 days ago, on May 8, 2006.
Measures do not carry over. Anything the 109th Congress has not finished by January 3, 2007 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateCloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 48 - 42. Record Vote Number: 115. (consideration: CR S4146; text: CR S4146)
- HouseNot stated in the latest action
- PresidentNot stated in the latest action