The proposed legislation seeks to amend the Hawaii Revised Statutes by introducing a new chapter that defines the 'candor process.' This change aims to standardize the way in which healthcare providers and facilities approach adverse incidents, ensuring that patients are informed about their rights and the procedures that follow such incidents. All communications made in this context are privileged and cannot be disclosed during legal proceedings, which may influence future litigation and healthcare practices across the state. Opponents of the bill may raise concerns about the implications of confidentiality on accountability, while supporters argue it could lead to more meaningful dialogues between patients and providers.
Senate Bill 3330 aims to establish a 'candor process' in healthcare settings, allowing patients, their families, and healthcare providers to engage in transparent discussions regarding adverse health care incidents. This process is designed to facilitate open communication about such incidents, explain their causes, implement prevention measures, and address compensation when warranted. By mandating that these discussions remain confidential, the legislation intends to promote honesty and improve patient safety without compromising the patient's ability to seek legal redress.
Notably, while the bill promotes a platform for patient safety and transparency, it raises questions around the potential for healthcare providers to minimize their liability under the guise of open communication. The confidentiality clause means that any compensation discussions would not be considered admissions of liability, which some might view as a way to shield providers from legal action. Consequently, the efficacy of the candor process in truly enhancing patient trust and safety could become a point of contention in legislative discussions and future evaluations of the bill's impact.