HOUSE DOCKET, NO. 1692        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2344

The Commonwealth of Massachusetts

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PRESENTED BY:

John J. Lawn, Jr.

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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 the definition of disclosure, apology and early offer programs.

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PETITION OF:

HOUSE DOCKET, NO. 1692        FILED ON: 2/10/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2344

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to the definition of disclosure, apology and early offer programs.

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 112, Section 5 is hereby amended  by adding the following at the end thereof: For purposes of this section, a disclosure, apology and early offer program also known as a Communication, Apology and Resolution program (CARe or CRP) is a program implemented by a physician or healthcare organization providing that when an unanticipated adverse outcome occurs, the incident is investigated, the patient and family are provided a full disclosure and ongoing communication about the findings and efforts to prevent a reoccurrence and improve patient safety, and for avoidable injury a sincere apology and where appropriate, an offer of fair and timely compensation without the need to litigate.  :

SECTION 2.  Chapter 112, Section 5C is hereby amended by striking said section and inserting in place thereof the following:

Section 5C.  Every insurer or risk management organization which provides professional liability insurance to a registered physician shall report to the board any claim or action for damages for personal injuries alleged to have been caused by error, omission, or negligence associated with the performance of such physician's professional services provided, however, that a final judgment or a settlement in any amount made as part of a disclosure, apology and early offer program, shall not be construed to be reportable to or by the board against a physician, absent a determination of substandard care rendered on the part of said physician.  Nor shall a final disposition not resulting in payment on behalf of the insured be construed to be reportable to or by the board absent a determination of substandard care rendered on the part of said physician.

For purposes of this section, a disclosure, apology and early offer program also known as a Communication, Apology and Resolution program (CARe or CRP) is a program implemented by a physician or healthcare organization providing that when an unanticipated adverse outcome occurs, the incident is investigated, the patient and family are provided a full disclosure and ongoing communication about the findings and efforts to prevent a reoccurrence and improve patient safety, and for avoidable injury a sincere apology and where appropriate, an offer of fair and timely compensation without the need to litigate. 

Reports shall be filed with the board no later than thirty days following the occurrence of any event deemed reportable under the provisions of this section. Such reports shall be in writing on a form prescribed by the board and shall contain the following information: (a) the name, address, specialty coverage, and policy number of the physician against whom the claim is made; and

(b) name, address and age of the claimant or plaintiff; and

(c) nature and substance of the claim; and

(d) date when and place at which the claim arose; and

(e) the amounts paid, if any, and the date and manner of disposition, judgment, settlement, or otherwise; and

(f) the date and reason for final disposition, if no judgment or settlement; and

(g) such additional information as the board shall require.

No insurer or its agents or employees shall be liable in any cause of action arising from reporting to the board as required in this section.