Revise noneconomic damages in medical malpractice actions
HB 195 revises Montana’s cap on non-monetary damages (like pain, suffering, and emotional distress) in medical malpractice cases. It immediately raises the limit from $250,000 to $300,000, with scheduled annual increases: $350,000 in 2026, $400,000 in 2027, $450,000 in 2028, $500,000 in 2029, and 2% annual increases thereafter. The cap applies per patient per incident and is determined by the date the claim was first filed (with the medical panel or in court), not the trial date. This directly affects patients filing medical malpractice claims and healthcare providers defending such cases.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House Passage
Mar 2025
Senate Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Jan 14, 2025
Signed Mar 27, 2025
Maddy AI version diff · 2 comparisons
What changed between versions
HB0195_1(7).pdf
→
HB0195_X.pdf
·
4 edits
MODERATE
This bill updates the Montana medical malpractice noneconomic damage cap from $250,000 to $300,000 and establishes a schedule for automatic annual increases starting in 2026. It also clarifies how the limit applies to multiple patients injured in a single incident and defines when the specific dollar amount is locked in for a claim.
Scope change
The bill expands the financial protection for patients by raising the damage cap and extends the bill's applicability to future claims by clarifying the effective date rules.
REQUIREMENT
Increased the maximum noneconomic damage award from $250,000 to $300,000.
Clarified that if one incident injures multiple unrelated patients, the $250,000 limit applies separately to each patient's claim.
TIMELINE
Added a schedule for automatic annual increases to the damage cap, starting with $350,000 in 2026 and rising by 2% each subsequent year.
Updated the effective date language to ensure the specific dollar limit in effect at the time a claim is filed applies to that claim.
Floor votes · Senate Feb 24, 2025 · House Jan 28, 2025
How they voted
47–2
Passed · 1 other
Total votes 50
Feb 24, 2025
D
Democratic18
94% Yea
R
Republican32
93% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
42
Key actions
9
Committee
6
Mar 27, 2025
Signed into law
(H) Signed by Governor
lower
Mar 18, 2025
Upper · Passed
(S) Signed by President
upper
Mar 7, 2025
Lower · Passed
(H) Signed by Speaker
lower
Feb 24, 2025
Senate · Passed
Senate Vote: pass (47-2-1)
senate
Feb 14, 2025
Upper · Passed
(S) Committee Report - (S) Business, Labor and Economic Affairs
upper
Feb 14, 2025
Upper · Passed
(S) Committee Executive Action - (S) Business, Labor and Economic Affairs
upper
Feb 4, 2025
Committee
(S) Referred to Committee - (S) Business, Labor and Economic Affairs
upper
Jan 28, 2025
House · Passed
House Vote: pass (95-4-1)
house
Jan 21, 2025
Lower · Passed
(H) Committee Report - (H) Business and Labor
lower
Jan 21, 2025
Lower · Passed
(H) Committee Executive Action - (H) Business and Labor
lower
Jan 14, 2025
Committee
(H) Referred to Committee - (H) Business and Labor
lower
Jan 14, 2025
Introduced
(H) Introduced
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Bill Mercer
RRepublican
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