A bill seeking to double the caps on non-economic and catastrophic damage awards in civil trials is progressing through the legislature, but now in two separate versions.

The bill, SB419/HB5 by Sen. Joey Hensley, MD (R-Hohenwald) and Rep. Gino Bulso (R-Brentwood), is product of two measures originally filed separately but now enjoined: increasing the amount an injured plaintiff may receive in a civil suit, and prohibiting the distribution of abortion-inducing drugs like mifepristone and misoprostol.

This amalgamation of bills— both related to civil liability— aims to make companies that mail or deliver abortion-inducing drugs to a patient strictly liable for $5 million in damages for wrongful death claims should the abortion-inducing drug lead to the death of an unborn child.

TMA, in coordination with other stakeholders, has worked for weeks now to amend the legislation to mitigate unintended consequences, including inadvertently limiting physicians from utilizing such drugs lawfully to treat conditions like miscarriage and postpartum hemorrhage.

In the Senate Judiciary Committee hearing on Tuesday, the Senate sponsor accepted amendatory language from TMA which would allow civil claims to be considered catastrophic injury if the death of an unborn child is related to a person who mails or delivers abortion-inducing drugs to a patient in this state. The amendment explicitly exempts pharmacists, physicians, motor carriers and freight forwarders. As adopted, the revised bill alleviates both TMA and the business community’s opposition to the bill; however, it remains unclear whether the House sponsor will concur with the Senate version when the bill is taken up in the lower chamber next week.

DELAYED BILLS OF INTEREST

Several bills TMA is actively monitoring were delayed this week due to crowded committee calendars, including:

• Maternal Health Pilot Program (SB898/HB867) – establishes a pilot program under the Division of TennCare to authorize remote patient monitoring devices for pregnant patients in order to collect data related to maternal hypertension and maternal diabetes. The program is designed to provide early intervention and better maternal outcomes. The bill passed the Senate Commerce & Labor Committee several weeks ago and was deferred in the House Government Operations Committee this week due to lack of time.
• Step Therapy Protocols (SB1382/HB858) – prohibits health benefit plans from requiring step therapy protocols or stage 4 advanced metastatic cancer, blood cancer and associated conditions. The amended version does not prevent health carriers from requiring patients to use AB-rated generic equivalent products, biological equivalents, or biosimilar products prior to covering equivalent branded prescription drugs. The bill also specifies that drugs prescribed under these circumstances must be on the carrier’s formulary. The proposal passed the Senate Commerce & Labor Committee last week but has yet to be calendared for a full floor vote. It has already passed the House.
• Tennessee Medicaid Modernization and Access Act of 2025 (SB334/HB372) – establishes a process to update TennCare reimbursement for obstetrics-gynecology, primary care, outpatient mental health and substance use disorder services. These health care providers could receive additional incentive payments based on metrics for quality of care and improved patient access, particularly in rural and underserved areas of the state. The bill passed the Senate Health & Welfare Committee last week. It has been reset on the House Government Operations Committee for next Monday, April 7.