Rhode Island 2023 Regular Session

Rhode Island House Bill H6434 Compare Versions

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

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5	5	2023 -- H 6434
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7	7	LC002951
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
16	16	EVIDENCE
17	17	Introduced By: Representatives Craven, and Caldwell
18	18	Date Introduced: May 24, 2023
19	19	Referred To: House Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by 1
24	24	adding thereto the following section: 2
25	25	9-19-45. Statements or conduct expressing apology, regret, condolence by healthcare 3
26	26	provider; admissibility. 4
27	27	(a) For the purposes of this section, the following words shall have the following meanings: 5
28	28	(1) "Healthcare facility" means any institutional health service provider licensed pursuant 6
29	29	to the provisions of chapter 17 of title 23. 7
30	30	(2) "Healthcare provider" or "provider" means a physician, hospital, pharmacy, laboratory, 8
31	31	dentist, or other state licensed or other state recognized provider of health care services or supplies 9
32	32	and whose services are recognized pursuant to 213(d) of the Internal Revenue Code, 26 U.S.C. § 10
33	33	213(d), that has entered into an agreement to provide these services or supplies to a patient enrolled 11
34	34	in a plan with any licensed insurance company, hospital, dental or medical service plan, health 12
35	35	maintenance organization or any contractor that: 13
36	36	(i) Establishes, operates or maintains a network of participating providers; and/or 14
37	37	(ii) Contracts with an insurance company, a hospital or medical or dental service plan, an 15
38	38	employer, whether under written or self-insured, and employee organization, or any other entity 16
39	39	providing coverage for health care services to administer a plan; and/or 17
40	40	(iii) Conducts or arranges for utilization review activities pursuant to chapter 17-12 of this 18
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44	44	title. 1
45	45	(3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild, 2
46	46	brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents, 3
47	47	whether by whole or half blood, adoption or marriage. 4
48	48	(4) "Representative" means a legal guardian, attorney, healthcare representative or any 5
49	49	person recognized in law or custom as a patient's agent. 6
50	50	(5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that 7
51	51	differs from an expected result of such medical treatment or procedure. 8
52	52	(b) In any claim, complaint or civil action brought against a healthcare facility or provider 9
53	53	by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration 10
54	54	proceeding or other method of alternative dispute resolution that relates to the claim, complaint or 11
55	55	civil action, and in any judicial or administrative proceeding against a healthcare facility or 12
56	56	provider, the following shall be inadmissible as evidence of an admission of liability or as evidence 13
57	57	of an admission against interest: 14
58	58	(1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing 15
59	59	apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general 16
60	60	sense of concern which are made by a healthcare facility, a healthcare provider, or an employee or 17
61	61	agent of a healthcare facility or provider, to the patient, the patient's relative, or a representative of 18
62	62	the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as 19
63	63	a result of the unanticipated outcome. 20
64	64	SECTION 2. This act shall take effect upon passage. 21
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71	71	EXPLANATION
72	72	BY THE LEGISLATIVE COUNCIL
73	73	OF
74	74	A N A C T
75	75	RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
76	76	EVIDENCE
77	77	***
78	78	This act would provide that statements by a healthcare provider to a patient or to the 1
79	79	patient's relative or representative regarding the unanticipated outcome of such patient's medical 2
80	80	care and treatment, such as an apology or an expression of sympathy, shall be inadmissible as 3
81	81	evidence of an admission of liability or as evidence of an admission against interest in a claim or 4
82	82	action against the provider. 5
83	83	This act would take effect upon passage. 6
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