SENATE DOCKET, NO. 1002        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1010

The Commonwealth of Massachusetts

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PRESENTED BY:

James B. Eldridge

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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 clarifying the reporting of medical liability claims.

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PETITION OF:

SENATE DOCKET, NO. 1002        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1010

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act clarifying 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:
 

SECTION 1. Section 5 of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “years.”, in line 78, the following sentences:-

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 seeks to expedite resolution of incidents of medical injury by disclosure 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. 

SECTION 2. Section 5C of said chapter 112, as so appearing, is hereby amended by inserting after the word “insured.”, in lines 9-10, the following subsection:-

(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 seeks to expedite resolution of incidents of medical injury by disclosure 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.