Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1747 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 102 FILED ON: 1/9/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1747
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
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 to amend the medical peer review law.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/4/2023 1 of 3
16	16	HOUSE DOCKET, NO. 102 FILED ON: 1/9/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1747
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1747) of Jeffrey
19	19	N. Roy relative to the medical peer review law. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act to amend the medical peer review law.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1: Chapter 111, Section 204 is hereby amended by deleting paragraph (e) and
29	29	2replacing paragraph (a) through (d) with the following:
30	30	3 Section 204. (a) Except as otherwise provided in this section, the proceedings, reports and
31	31	4records of a medical peer review committee shall be confidential and shall be exempt from the
32	32	5disclosure of public records under section 10 of chapter 66, except reports or records of such
33	33	6proceedings, including any records as to the identities, positions and/or roles of the participants
34	34	7and/or attendees at such proceedings (i) shall be made available upon request by an injured
35	35	8person whose medical care is the subject of such proceedings, by the health care proxy for such
36	36	9injured person; by the next of kin of a deceased person whose medical care is the subject of such
37	37	10proceedings; by a personal representative of such deceased person; and/or by the attorney for the
38	38	11injured person or personal representative of a deceased person; and (ii) shall be subject to
39	39	12subpoena or a discovery request and used to refresh a witness’ recollection, in any judicial or
40	40	13administrative proceeding involving a physician or other medical provider who is the subject of 2 of 3
41	41	14such peer review meeting and/or who is a party to a medical malpractice action. The peer review
42	42	15report shall be inadmissible as evidence in any judicial or administrative proceeding, unless the
43	43	16maker of the statement, or a defense expert witness, when questioned under oath during the
44	44	17litigation about facts and opinions regarding any mistakes or errors that occurred, makes a
45	45	18contradictory or inconsistent statement as to material facts determined or opinions rendered
46	46	19during the peer review process, in which case the statements and opinions made about the
47	47	20mistake or error shall be admissible for all purposes.
48	48	21 (b) A person who testifies before such committee shall not be prevented from testifying
49	49	22in a subsequent action or proceeding as to matters known to such person independent of the
50	50	23committee’s proceedings, and/or as to that person’s testimony before such committee. Any
51	51	24person who is in attendance at a meeting of a medical peer review committee shall be permitted
52	52	25or required to testify in any subsequent judicial or administrative proceeding or medical
53	53	26malpractice action as to the proceedings of such committee or as to any findings,
54	54	27recommendations, evaluations, opinions, deliberations or other actions of such committee or any
55	55	28members thereof.
56	56	29 (c) Documents, incident reports or records otherwise available from original sources shall
57	57	30not be immune from subpoena, discovery or use in any such judicial or administrative
58	58	31proceeding or medical malpractice action merely because they were presented to such committee
59	59	32in connection with its proceedings. Nor shall the proceedings, reports, findings and records of a
60	60	33medical peer review committee be immune from subpoena, discovery or use as evidence in any
61	61	34proceeding against a member of such committee to establish a cause of action pursuant to section
62	62	3585N of chapter 231 or to any investigation or administrative proceeding conducted by the boards 3 of 3
63	63	36of registration in medicine, pharmacy, social work or psychology or by the department of public
64	64	37health pursuant to chapter 111C.
65	65	38 (d) A court may place reasonable restrictions on the use which may be made of the
66	66	39information obtained hereunder so as to maintain, so far as necessary or practicable, the
67	67	40confidentiality of such information or the privacy of the individuals involved, or to preclude such
68	68	41information from disclosure to the public at large.