Healthcare

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.

This resolution urges Congress to amend the federal Radiation Exposure Compensation Act (RECA) to include Montanans affected by historical nuclear testing. It specifically highlights that 15 Montana counties (including Meagher, Jefferson, and Gallatin) were heavily exposed during U.S. nuclear tests from 1945-1962, as confirmed by a 1997 government study, yet Montanans remain excluded from RECA compensation. The resolution does not create new policy but formally requests Congress to revise RECA to cover these individuals, who may suffer radiation-related illnesses without access to federal aid. It is a procedural resolution, not a bill, and directs Montana’s Secretary of State to send copies to U.S. lawmakers.