SECTION 1. Section 85K of chapter 231 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding after the figure “costs”, in line 12, the following:-

“unless, in actions against a provider of health care for claims brought under section 2 of chapter 229, or sections 60B to 60I of chapter 231, the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, wrongful death, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. In any such action which is tried without a jury, the court shall not award the plaintiff more than $100,000 for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the aforesaid findings are made specially by the court and stated separately in the judgment entered by the court”

SECTION 2. Section 2 of chapter 258 of the General Laws, as so appearing, is hereby amended by adding after the figure “$100,000”, in line 9, the following:-

“unless, in actions against a provider of health care for claims brought under section 2 of chapter 229, or sections 60B to 60I of chapter 231, the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement, wrongful death, or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. In any such action which is tried without a jury, the court shall not award the plaintiff more than $100,000 for pain and suffering, loss of companionship, embarrassment and other items of general damages unless the aforesaid findings are made specially by the court and stated separately in the judgment entered by the court”