HOUSE DOCKET, NO. 660        FILED ON: 1/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 494

The Commonwealth of Massachusetts

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PRESENTED BY:

Tom Sannicandro

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to adverse event management.

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PETITION OF:

HOUSE DOCKET, NO. 660        FILED ON: 1/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 494

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to adverse event management.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.    Chapter 233 of the General Laws is hereby amended by inserting after section 23D the following section:–

Section 23 D ½.  (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Family”, the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of parent, or spouse's parents of an injured party. 

“Representative”, a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient's agent.

“Unanticipated outcome” means the outcome of a medical treatment or procedure, whether or not resulting from an intentional act, that differs from an intended result of such medical treatment or procedure.

(b) In any claim, complaint or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, writings, gestures, activities, or conduct expressing apology, regret, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider, an employee or agent of a health care provider, or by a health care facility to the patient, family of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence in any judicial or administrative proceeding. 

Section 2. Chapter 111 of the General Laws is hereby amended by inserting after section 53G the following new section:-

Section 53H. As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Adverse event,” injury to a patient resulting from medical management rather than the patient’s underlying condition.

The department shall promulgate regulations for the development of Adverse Event Management Plans that hospitals shall use following the occurrence of an adverse event that causes harm to a patient. The department shall develop best practices for an Adverse Event Management Plan. Facilities shall develop and implement their plans independently, with the guidance of the department.

Facilities shall send copies of their Adverse Event Management Plans to the department. The department shall issue an annual report on hospitals’ plans.