HOUSE DOCKET, NO. 1306        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1678

The Commonwealth of Massachusetts

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PRESENTED BY:

Steven M. Walsh

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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 to clarify the reporting of medical liability claims.

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PETITION OF:

HOUSE DOCKET, NO. 1306        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1678

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act to clarify the reporting of medical liability claims.

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

Chapter 112 Section 5 of the Massachusetts General Laws as appearing in the 2008 Official edition is hereby amended by the insertion after the word “years.” in line 78 of the following:

Provided, however, that payments made as part of a disclosure, apology and early offer program, shall not be construed to be reportable against a physician identified during the root cause analysis conducted as part of a disclosure, apology and early offer program, absent a determination of substandard or unreasonable care rendered on the part of said physician. For purposes of this section a disclosure, apology and early offer program shall be a program that seeksto expedite resolution of incidents of medical injury by disclose to patients and families when unanticipated adverse outcomes of care occur; investigate and explain what happened; implement systems to avoid recurrence of incidents and improve patient safety; and where appropriate, apologize and offer financial compensation without the patient having to file a lawsuit. 

Chapter 112, Section 5C of the Massachusetts General Laws as appearing in the 2008 Official edition is hereby amended by insertion after the word “insured” in line 10 the following:

(d)  Provided, however, that payments made as part of a disclosure, apology and early offer program, shall not be construed to be reportable against a physician identified during the root cause analysis conducted as part of a disclosure, apology and early offer program, absent a determination of substandard or unreasonable care rendered on the part of said physician. For purposes of this section a disclosure, apology and early offer program shall be a program that seeksto expedite resolution of incidents of medical injury by disclose to patients and families when unanticipated adverse outcomes of care occur; investigate and explain what happened; implement systems to avoid recurrence of incidents and improve patient safety; and where appropriate, apologize and offer financial compensation without the patient having to file a lawsuit.