Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3615 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. 2295 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3615
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Edward F. Coppinger
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 the definition of disclosure, apology and early offer programs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Edward F. Coppinger10th Suffolk1/19/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2295 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3615
18	18	By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 3615) of
19	19	Edward F. Coppinger relative to the definition of health care adverse outcome disclosure,
20	20	apology and early offer programs. Public Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2344 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the definition of disclosure, apology and early offer programs.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 112, Section 5 is hereby amended by adding the following at the
32	32	2end thereof: For purposes of this section, a disclosure, apology and early offer program also
33	33	3known as a Communication, Apology and Resolution program (CARe or CRP) is a program
34	34	4implemented by a physician or healthcare organization providing that when an unanticipated
35	35	5adverse outcome occurs, the incident is investigated, the patient and family are provided a full
36	36	6disclosure and ongoing communication about the findings and efforts to prevent a reoccurrence
37	37	7and improve patient safety, and for avoidable injury a sincere apology and where appropriate, an
38	38	8offer of fair and timely compensation without the need to litigate. :
39	39	9 SECTION 2. Chapter 112, Section 5C is hereby amended by striking said section and
40	40	10inserting in place thereof the following: 2 of 3
41	41	11 Section 5C. Every insurer or risk management organization which provides professional
42	42	12liability insurance to a registered physician shall report to the board any claim or action for
43	43	13damages for personal injuries alleged to have been caused by error, omission, or negligence
44	44	14associated with the performance of such physician's professional services provided, however,
45	45	15that a final judgment or a settlement in any amount made as part of a disclosure, apology and
46	46	16early offer program, shall not be construed to be reportable to or by the board against a
47	47	17physician, absent a determination of substandard care rendered on the part of said physician.
48	48	18Nor shall a final disposition not resulting in payment on behalf of the insured be construed to be
49	49	19reportable to or by the board absent a determination of substandard care rendered on the part of
50	50	20said physician.
51	51	21 For purposes of this section, a disclosure, apology and early offer program also known as
52	52	22a Communication, Apology and Resolution program (CARe or CRP) is a program implemented
53	53	23by a physician or healthcare organization providing that when an unanticipated adverse outcome
54	54	24occurs, the incident is investigated, the patient and family are provided a full disclosure and
55	55	25ongoing communication about the findings and efforts to prevent a reoccurrence and improve
56	56	26patient safety, and for avoidable injury a sincere apology and where appropriate, an offer of fair
57	57	27and timely compensation without the need to litigate.
58	58	28 Reports shall be filed with the board no later than thirty days following the occurrence of
59	59	29any event deemed reportable under the provisions of this section. Such reports shall be in writing
60	60	30on a form prescribed by the board and shall contain the following information: (a) the name,
61	61	31address, specialty coverage, and policy number of the physician against whom the claim is made;
62	62	32and 3 of 3
63	63	33 (b) name, address and age of the claimant or plaintiff; and
64	64	34 (c) nature and substance of the claim; and
65	65	35 (d) date when and place at which the claim arose; and
66	66	36 (e) the amounts paid, if any, and the date and manner of disposition, judgment,
67	67	37settlement, or otherwise; and
68	68	38 (f) the date and reason for final disposition, if no judgment or settlement; and
69	69	39 (g) such additional information as the board shall require.
70	70	40 No insurer or its agents or employees shall be liable in any cause of action arising from
71	71	41reporting to the board as required in this section.