Texas House Bill HB2868

Texas 2009 - 81st Regular

Caption

Relating to full disclosure of certain events for a health care practitioner or health care institution.

Impact

The implementation of HB 2868 is expected to influence state laws governing medical disclosures and patient rights. The legislation aims to foster a culture of open and honest communication between health care providers and patients. By codifying such disclosure requirements, the bill aims to potentially improve patient trust and satisfaction, which may lead to better health outcomes. Moreover, it protects health care practitioners from legal repercussions regarding the disclosures made, creating a safe space for transparency.

Summary

House Bill 2868 is designed to enhance transparency and accountability within health care institutions regarding certain events that lead to unanticipated outcomes for patients. The bill establishes a framework mandating health care practitioners and institutions to promptly disclose any occurrences of covered events—unanticipated outcomes experienced by patients—within a set timeframe. Specifically, these disclosures must occur within 48 hours of the practitioner or institution becoming aware of the event. The intent is to provide patients and their representatives with the relevant information regarding the incident, including any acknowledgment of fault and explanations of subsequent preventive measures.

Contention

Notably, HB 2868 faces critique surrounding concerns of the legal implications of the disclosures made under the new law. While the bill specifies that communications of sympathy and disclosures related to covered events cannot be used as evidence of liability in legal proceedings, there remains apprehension among health care professionals about the ramifications of admitting fault. Critics argue that such legal protections may not fully alleviate fears regarding liability or malpractice claims, thereby complicating the willingness of practitioners to be forthcoming in disclosures.