Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1501 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 151 FILED ON: 1/10/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1501
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William C. Galvin
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to patient care access.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William C. Galvin6th Norfolk1/10/2023 1 of 6
16	16	HOUSE DOCKET, NO. 151 FILED ON: 1/10/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1501
18	18	By Representative Galvin of Canton, a petition (accompanied by bill, House, No. 1501) of
19	19	William C. Galvin relative to patient safety, medical error reporting and medical malpractice.
20	20	The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to patient care access.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 111 is hereby amended by striking out the definition
30	30	2of “Medical peer review committee” or “committee”, and inserting in place thereof the following
31	31	3definition:-
32	32	4 “Medical peer review committee” or “committee”, a committee of health care providers,
33	33	5which functions to: (i) evaluate or improve the quality of health care rendered by providers of
34	34	6health care services; (ii) determine whether health care services were performed in compliance
35	35	7with the applicable standards of care; (iii) determine whether the costs of health care services
36	36	8were performed in compliance with the applicable standards of care; (iv) determine whether the
37	37	9cost of the health care services rendered were considered reasonable by the providers of health
38	38	10services in the area; (v) determine whether a health care provider’s actions call into question
39	39	11such health care provider’s fitness to provide health care services; or (vi) evaluate and assist
40	40	12health care providers impaired or allegedly impaired by reason of alcohol, drugs, physical 2 of 6
41	41	13disability, mental instability or otherwise; provided further, that “medical peer review
42	42	14committee” shall also include: (i) a committee of a pharmacy society or association that is
43	43	15authorized to evaluate the quality of pharmacy services or the competence of pharmacists and
44	44	16suggest improvements in pharmacy systems to enhance patient care; or (ii) a pharmacy peer
45	45	17review committee established by a person or entity that owns a licensed pharmacy or employs
46	46	18pharmacists that is authorized to evaluate the quality of pharmacy services or the competence of
47	47	19pharmacists and suggest improvements in pharmacy systems to enhance patient care.
48	48	20 SECTION 2. Said chapter 111 of the General Laws is hereby further amended by
49	49	21inserting at the end of section 204 the following :
50	50	22 (f) The provisions of this section shall apply to any committee formed by an individual
51	51	23health care provider, physician group practice, licensed health care facility or any combination
52	52	24thereof to perform the duties or functions of medical peer review as set forth in section one of
53	53	25this chapter, notwithstanding the fact that the formation of the committee is not required by law
54	54	26or regulation or that the individual, group or facility is not solely affiliated with a public hospital
55	55	27or licensed hospital or nursing home or health maintenance organization.
56	56	28 SECTION 3. Section 5(c) of Chapter 112 is hereby amended on line 140 after the word
57	57	29“occasions” by inserting the following: For purposes of this subsection, the offering of expert
58	58	30testimony in any action for malpractice, negligence, error, omission, mistake, or unauthorized
59	59	31rendering of professional services against a physician licensed pursuant to section 2 of Chapter
60	60	32112 of the general laws, shall constitute the practice of medicine.
61	61	33 SECTION 4. Chapter 175 of the Massachusetts General Laws is hereby amended by the
62	62	34addition of the following new section: 3 of 6
63	63	35 Section 193 V: Every insurer or risk management organization which provides
64	64	36insurance to a physician licensed under Chapter 112 of the Massachusetts General Laws shall
65	65	37make an annual report to the Betsy Lehman Center for Patient Safety and Medical Error
66	66	38Reduction established by Chapter 177 of the Acts of 2001. Said report shall list the top ten
67	67	39categories of losses, claims or actions for damage for personal injuries alleged to have been
68	68	40caused by error, omission or negligence in the performance by physicians of medical services the
69	69	41company incurred during the previous calendar year. Said report shall also identify the top ten
70	70	42defendant specialties as to cost and frequency of cases in the prior year. Where applicable,
71	71	43organizations shall include reports outlining losses and claims for non-physician health care
72	72	44providers as well. Reports shall include completed cases and settlements only and shall include
73	73	45no information identifying providers or patients. Reports shall be provided to the center at its
74	74	46request under annual timelines and reporting requirements established by the center with the
75	75	47input of the advisory committee established in Chapter 6A Section 16 E (C). The Center shall
76	76	48use this information in the development of evidence-based best practices to reduce medical
77	77	49errors and enhance patient safety as required by Chapter 6A Section 16 E (e) 1 to increase
78	78	50awareness of error prevention strategies through public and professional education as required by
79	79	51Chapter 6A Section 16 E (e) 4.
80	80	52 SECTION 5. Section 60G(a) of Chapter 231 of the General is amended by striking in
81	81	53lines 10 and 11 the following: “prior to the judgment” and adding in lines 12 and 27 after the
82	82	54word “compensated” the following: , replaceable, compensable or indemnifiable,.
83	83	55 SECTION 6. Section 60K of Chapter 231 of the General Laws is hereby amended by
84	84	56adding the following at the end thereof: In any action for malpractice, error or mistake against a
85	85	57provider of health licensed pursuant to section 2 of Chapter 112, including actions pursuant to 4 of 6
86	86	58section 60B of this Chapter, an expert witness shall be board certified in the same specialty as the
87	87	59defendant licensed pursuant to section 2 of Chapter 112.
88	88	60 SECTION 7. Chapter 231 of the General Laws is hereby amended by adding after
89	89	61section 60L, the following new section:
90	90	62 Section 60M. In every action for malpractice, negligence, error, omission, mistake or
91	91	63the unauthorized rendering of professional services against a provider of health care where the
92	92	64court shall, at the request of either party, (a) Enter a judgment ordering that money damages or
93	93	65its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic
94	94	66payments rather than by a lump-sum payment if the award equals or exceeds fifty thousand
95	95	67dollars ($50,000) in future damages. In entering a judgment ordering of the payment of future
96	96	68damages by periodic payments, the court shall make a specific finding as to the dollar amount of
97	97	69periodic payments which will compensate the judgment creditor for such future damages, the
98	98	70court shall require the defendant who is not adequately insured to post security adequate to
99	99	71assure full payment of such damages awarded by the judgment. Upon termination of periodic
100	100	72payments of future damages, the court shall order the return of this security, or so much as
101	101	73remains, to the defendant.
102	102	74 (b)(1) The judgment ordering the payment of future damages by periodic
103	103	75payments shall specify the recipient or recipients of the payments, the dollar amount of the
104	104	76payments, the interval between payments, and the number of payments or the period of time over
105	105	77which payments shall be made. Such payments shall only be subject to modification in the event
106	106	78of the death of the judgment creditor. 5 of 6
107	107	79 (2) In the event that the court finds that the defendant has exhibited a continuing
108	108	80pattern of failing to make the payments, as specified in paragraph (1), the court shall find the
109	109	81defendant in contempt of court and, in addition to the required periodic payments, shall order the
110	110	82defendant to pay the plaintiff all damages caused by the failure to make such periodic payments,
111	111	83including court costs and attorney’s fees.
112	112	84 (c) However, money damages awarded for loss of future earnings shall not be
113	113	85reduced or payments terminated by reason of the death of the plaintiff, but shall be paid to
114	114	86persons to whom the plaintiff owed a duty of support, as provided by law, immediately prior to
115	115	87his death. In such cases the court which rendered the original judgment, may, upon petition of
116	116	88any party in interest, modify the judgment to award and apportion the unpaid future damages in
117	117	89accordance with this subdivision.
118	118	90 (d) Following the occurrence or expiration of all obligations specified in the
119	119	91periodic payment judgment, any obligation of the defendant to make future payments shall cease
120	120	92and any security given, pursuant to section (a) shall revert to the defendant.
121	121	93 SECTION 8. Said chapter 231 is hereby amended by inserting after section 60M the
122	122	94following section: —
123	123	95 Section 60N. In any action for malpractice, negligence, error, omission, mistake or
124	124	96unauthorized rendering of professional services against a provider of health care, in which a
125	125	97verdict is rendered or a finding made or an order for judgment made for pecuniary damages for
126	126	98personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk
127	127	99of the court to the amount of damages interest thereon, at a rate to be determined as set forth
128	128	100below rather than the rate specified in section 6B of chapter 231, from the date of the 6 of 6
129	129	101commencement of the action even though such interest brings the amount of the verdict or
130	130	102finding beyond the maximum liability imposed by law. For all judgments entered after the
131	131	103effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to
132	132	104the weekly average 1-year constant maturity Treasury yield, as published by the Board of
133	133	105Governors of the Federal Reserve System for the calendar week preceding the date of judgment.
134	134	106At no point shall the rate of interest established by this section exceed the rate of interest set forth
135	135	107in said section 6B of chapter 231.