03-04 11:52 2nd Sub. (Gray) H.B. 503
Katy Hall proposes the following substitute bill:
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Medical Malpractice Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: Scott D. Sandall
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LONG TITLE
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General Description:
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This bill addresses malpractice actions against health care providers.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ with respect to a medical malpractice action:
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● repeals requirements related to affidavits of merit;
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● prohibits prejudicing a defendant in an adjudication of a claimant's claims;
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● prohibits pursuing or collecting on a judgment against a health care provider's personal
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income or assets, with exceptions;
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● grants access to the court's Xchange database to the Division of Professional Licensing
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(division);
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● establishes data collection and reporting requirements for the division;
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● amends procedure pertaining to prelitigation review panels and panel reviews;
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● makes a prelitigation review panel's recommendations or findings advisory; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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78B-3-410, as last amended by Laws of Utah 2010, Chapter 97
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78B-3-416, as last amended by Laws of Utah 2024, Chapter 366
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78B-3-418, as last amended by Laws of Utah 2022, Chapter 212
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78B-3-423, as last amended by Laws of Utah 2022, Chapter 212
2nd Sub. H.B. 503 2nd Sub. (Gray) H.B. 503 03-04 11:52
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ENACTS:
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78B-3-405.5, Utah Code Annotated 1953
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78B-3-418.5, Utah Code Annotated 1953
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78B-3-423.1, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 78B-3-405.5 is enacted to read:
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78B-3-405.5 . Economic damages -- Judgments against personal assets.
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(1) This section applies to malpractice actions against health care providers, as defined in
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Section 78B-3-403.
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(2) In a trial, the factfinder or court may not prejudice a defendant by knowing or
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considering evidence of the claimant's alleged losses for past medical expenses or the
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cost of medical equipment before:
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(a) liability for the alleged losses has been established; and
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(b) any claim for or award of noneconomic damages, if any, for the alleged losses has
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been fully adjudicated or entered.
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(3)(a) Subject to Subsection (3)(b):
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(i) the court may add economic damages to an award, if any, under Subsection (2)(b)
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based on amounts that the plaintiff or a third party insurer, whether public or
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private, actually paid for medical expenses related to the injury at issue; and
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(ii) if a plaintiff did not have insurance to pay medical expenses related to the injury
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at issue, the court may award economic damages for amounts the plaintiff actually
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paid or owes for medical care resulting from the loss.
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(b) The court may not calculate an award of economic damages based solely on amounts
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indicated on a medical bill or invoice.
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(4) A plaintiff may not pursue, collect, or execute on a judgment against an individual
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health care provider's personal income or assets, unless the court finds that:
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(a) the provider's conduct was willful and malicious or intentionally fraudulent; or
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(b) the defendant provider failed to maintain an insurance policy with a policy limit of at
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least $1,000,000.
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(5) Prior to any award of damages to a plaintiff, a plaintiff may not make allegations that
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the court finds:
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(a) are irrelevant to the adjudication of the claims at issue;
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(b) are made primarily to coerce or induce settlement in an individual defendant
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provider; and
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(c) pertain to a provider's personal income or assets.
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Section 2. Section 78B-3-410 is amended to read:
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78B-3-410 . Limitation of award of noneconomic damages and economic damages
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in malpractice actions.
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(1) [In a malpractice action against a health care provider, an injured plaintiff may recover
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noneconomic losses ] Subject to Subsection (3), an injured plaintiff in a malpractice
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action against a health care provider may only recover noneconomic losses to
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compensate for pain, suffering, and inconvenience. The amount of damages awarded
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for noneconomic loss may not exceed:
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(a) for a cause of action arising before July 1, 2001, $250,000;
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(b) for a cause of action arising on or after July 1, 2001 and before July 1, 2002, the
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limitation is adjusted for inflation to $400,000;
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(c) for a cause of action arising on or after July 1, 2002, and before May 15, 2010 the
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$400,000 limitation described in Subsection (1)(b) shall be adjusted for inflation as
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provided in Subsection (2); and
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(d) for a cause of action arising on or after May 15, 2010, $450,000.
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(2)(a) Beginning July 1, 2002 and each July 1 thereafter until July 1, 2009, the limit for
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damages under Subsection (1)(c) shall be adjusted for inflation by the [state treasurer]
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Administrative Office of the Courts.
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[(b) By July 15 of each year until July 1, 2009, the state treasurer shall:]
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[(i) certify the inflation-adjusted limit calculated under this Subsection (2); and]
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[(ii) inform the Administrative Office of the Courts of the certified limit.]
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[(c)] (b) The amount resulting from Subsection (2)(a) shall:
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(i) be rounded to the nearest $10,000; and
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(ii) apply to a cause of action arising on or after the date the annual adjustment is
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made.
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(3) As used in this section, "inflation" means the seasonally adjusted consumer price index
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for all urban consumers as published by the Bureau of Labor Statistics of the United
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States Department of Labor.
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(4) The limit under Subsection (1) does not apply to awards of punitive damages.
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Section 3. Section 78B-3-416 is amended to read:
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78B-3-416 . Division to provide review panel -- Exemption -- Procedures --
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Statute of limitations tolled -- Composition of panel -- Expenses -- Division authorized to
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set license fees.
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(1)(a) The division shall provide a [hearing panel in alleged medical liability cases
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against health care providers as defined in Section 78B-3-403, ] prelitigation review
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panel to conduct a panel review in accordance with this part, in all malpractice
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actions against a health care provider, except dentists or dental care providers.
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(b)(i) The division shall establish procedures for [prelitigation consideration of
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medical liability claims for damages arising out of the provision of or alleged
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failure to provide health care] panel reviews.
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(ii) The division may establish rules necessary to administer the process and
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procedures related to [prelitigation hearings] a panel review and the conduct of [
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prelitigation hearings] a member of a prelitigation review panel or participant in a
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panel review in accordance with Sections 78B-3-416 through 78B-3-420.
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(c) [The proceedings are] A panel review is informal, nonbinding, and [are ]not subject
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to Title 63G, Chapter 4, Administrative Procedures Act, but [are] is compulsory as a
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condition precedent to commencing litigation.
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(d) [Proceedings ] A panel review that is conducted under authority of this section [are] is
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confidential, privileged, and immune from civil process.
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(e) The division may not provide more than one [hearing panel] review panel for each
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alleged [medical liability case against a health care provider] malpractice action
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against a health care provider.
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(2)(a) The party initiating a [medical liability action] malpractice action against a health
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care provider shall file a request for a prelitigation panel review with the division
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within 60 days after the service of a statutory notice of intent to commence action
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under Section 78B-3-412.
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(b) The request shall include a copy of the notice of intent to commence action[. The
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request shall be mailed to] and the claimant shall mail the request and notice of intent
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to all health care providers named in the notice and request.
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(3)(a) As used in this Subsection (3):
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(i) "Court-appointed therapist" means a mental health therapist ordered by a court to
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provide psychotherapeutic treatment to an individual, a couple, or a family in a
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domestic case.
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(ii) "Domestic case" means a proceeding under:
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(A) [Title 78B, ]Chapter 7, Protective Orders and Stalking Injunctions;
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(B) [Title 78B, ]Chapter 13, Utah Uniform Child Custody Jurisdiction and
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Enforcement Act;
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(C) [Title 78B, ]Chapter 15, Utah Uniform Parentage Act;
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(D) Title 81, Chapter 4, Dissolution of Marriage; or
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(E) Title 81, Chapter 9, Custody, Parent-time, and Visitation.
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(iii) "Mental health therapist" means the same as that term is defined in Section
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58-60-102.
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(b) If a court appoints a court-appointed therapist in a domestic case, a party to the
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domestic case may not file a request for a prelitigation panel review for a malpractice
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action against the court-appointed therapist during the pendency of the domestic case,
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unless:
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(i) the party has requested that the court release the court-appointed therapist from the
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appointment; and
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(ii) the court finds good cause to release the court-appointed therapist from the
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appointment.
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(c) If a party is prohibited from filing a request for a [prelitigation ]panel review under
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Subsection (3)(b), the applicable statute of limitations tolls until the earlier of:
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(i) the court releasing the court-appointed therapist from the appointment as
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described in Subsection (3)(b); or
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(ii) the court entering a final order in the domestic case.
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(4)(a) The filing of a request for a prelitigation panel review under this section tolls the
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applicable statute of limitations until the later of:
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(i) 60 days following the division's issuance of:
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(A) an opinion by the [prelitigation ] review panel; or
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(B) a certificate of compliance under Section 78B-3-418; or
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(ii) the expiration of the time for holding a [hearing ] panel review under Subsection
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(4)(b)(ii).
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(b) The division shall:
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(i) send any opinion issued by the panel to all parties by regular mail; and
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(ii) complete a [prelitigation hearing ] panel review under this section within:
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(A) 180 days after the filing of the request for prelitigation panel review; or
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(B) any longer period as agreed upon in writing by all parties to the review.
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[(c) If the prelitigation hearing has not been completed within the time limits established
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in Subsection (4)(b)(ii), the claimant shall:]
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[(i) file an affidavit of merit under the provisions of Section 78B-3-423; or]
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[(ii) file an affidavit with the division within 180 days of the request for pre-litigation
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review, in accordance with Subsection (4)(d), alleging that the respondent has
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failed to reasonably cooperate in scheduling the hearing.]
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(c) If a panel review does not occur within the time limits under Subsection (4)(b)(ii),
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the claimant or respondent may, no later than 180 days after the day on which the
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request for a panel review was filed under Subsection (2), file with the division an
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affidavit alleging with supporting attachments, if any:
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(i) that the claimant or respondent failed to reasonably cooperate in scheduling the
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panel review; or
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(ii) any other reason that the panel review did not occur within the time limits under
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Subsection (4)(b)(ii).
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(d) If the [claimant] claimant or [ ] respondent files an affidavit under Subsection [
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(4)(c)(ii)] (4)(c):
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(i) within 15 days of the filing of the affidavit[ under Subsection (4)(c)(ii)], the
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division shall [determine whether either the respondent or the claimant failed to
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reasonably cooperate in the scheduling of a pre-litigation hearing; and] conclude,
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based solely on the affidavit and any supporting attachments, whether the claimant
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or respondent failed to reasonably cooperate in the scheduling of the panel review;
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and
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(ii)(A) if the [determination is] division finds that the [respondent failed to
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reasonably cooperate in the scheduling of a hearing, and the ]claimant or
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respondent did not fail to reasonably cooperate, the division shall[,] issue a
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certificate of compliance for the claimant in accordance with [Section
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78B-3-418] Subsection 78B-3-418(3)(b), stating the division's determination
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and the facts upon which the determination is based; or
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(B) if the division makes a determination other than the determination in
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Subsection (4)(d)(ii)(A), [the claimant shall file an affidavit of merit in
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accordance with Section 78B-3-423, within 30 days of the determination of the
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division under this Subsection (4)] the division shall, subject to Subsection (4)(f),
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issue a certificate of compliance for the claimant, in accordance with
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Subsection 78B-3-418(3)(b), stating the division's determination and the facts
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upon which the determination is based.
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(e)(i) The claimant and any respondent may agree by written stipulation [that no
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useful purpose would be served by convening a prelitigation panel] to waive the
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requirement to convene a panel review under this section.
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(ii) When the stipulation is filed with the division, the division shall within 10 days
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after receipt issue a certificate of compliance under [Section 78B-3-418]
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Subsection 78B-3-418(3)(c), as it concerns the stipulating respondent, and stating
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that the claimant has [complied with all conditions precedent to the
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commencement of litigation regarding the claim] satisfied, by stipulation, the
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condition precedent under Subsection (1)(c) to commencing litigation.
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(f) The division may not issue a certificate of compliance if the division finds under
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Subsection (4)(d)(ii)(B) that the claimant failed to reasonably cooperate in the
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scheduling of the panel review.
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(5) The division shall provide for and appoint an appropriate panel [or panels to hear] to
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consider complaints of medical liability and damages, made by or on behalf of any
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patient who is an alleged victim of [medical liability. ] malpractice. The panels are
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composed of:
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(a) one member who is a resident lawyer currently licensed and in good standing to
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practice law in this state and who shall serve as chairman of the panel, who is
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appointed by the division from among qualified individuals who have registered with
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the division indicating a willingness to serve as panel members, and a willingness to
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comply with the rules of professional conduct governing lawyers in the state, and
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who has completed division training regarding conduct of [panel hearings] panel
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reviews;
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(b)(i) one or more members who are licensed health care providers listed under
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Section 78B-3-403, who are practicing and knowledgeable in the same specialty
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as the proposed [defendant] respondent, and who are appointed by the division in
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accordance with Subsection (6); or
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(ii) in claims against only a health care facility or the facility's employees, one
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member who is an individual currently serving in a health care facility
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administration position directly related to health care facility operations or
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conduct that includes responsibility for the area of practice that is the subject of
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the liability claim, and who is appointed by the division; and
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(c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
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provider, and who is a responsible citizen of the state, selected and appointed by the
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division from among individuals who have completed division training with respect
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to panel [hearings] reviews.
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(6)(a) Each person listed as a health care provider in Section 78B-3-403 and practicing
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under a license issued by the state, is obligated as a condition of holding that license
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to participate as a member of a [medical liability prelitigation panel] prelitigation
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review panel at reasonable times, places, and intervals, upon issuance, with advance
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notice given in a reasonable time frame, by the division of an Order to Participate as
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a Medical Liability Prelitigation Panel Member.
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(b) A licensee may be excused from appearance and participation as a panel member
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upon the division finding participation by the licensee will create an unreasonable
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burden or hardship upon the licensee.
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(c) A licensee [whom] who the division finds failed to appear and participate as a panel
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member when so ordered, without adequate explanation or justification and without
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being excused for cause by the division, may be assessed an administrative fine not to
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exceed $5,000.
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(d) A licensee [whom] who the division finds intentionally or repeatedly failed to appear
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and participate as a panel member when so ordered, without adequate explanation or
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justification and without being excused for cause by the division, may be assessed an
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administrative fine not to exceed $5,000, and is guilty of unprofessional conduct.
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(e) All fines collected under Subsections (6)(c) and (d) shall be deposited into the
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Physicians Education Fund created in Section 58-67a-1.
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(f) The director of the division may collect a fine that is not paid by:
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(i) referring the matter to a collection agency; or
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(ii) bringing an action in the district court of the county where the person against
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whom the penalty is imposed resides or in the county where the office of the
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director is located.
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(g) A county attorney or the attorney general of the state shall provide legal assistance
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and advice to the director in an action to collect a fine.
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(h) A court shall award reasonable attorney fees and costs to the prevailing party in an
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action brought by the division to collect a fine.
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(7) Each person selected as a panel member shall certify, under oath, that [he] the member
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has no bias or conflict of interest with respect to any matter under consideration.
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(8) A member of [the prelitigation hearing] a prelitigation review panel may not receive
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compensation or benefits for the member's service, but may receive per diem and travel
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expenses in accordance with:
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(a) Section 63A-3-106;
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(b) Section 63A-3-107; and
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(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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(9)(a) In addition to the actual cost of administering the licensure of health care
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providers, the division may set license fees of health care providers within the limits
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established by law equal to their proportionate costs of administering prelitigation
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panels.
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(b) The claimant bears none of the costs of administering the prelitigation panel except
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under Section 78B-3-420.
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Section 4. Section 78B-3-418 is amended to read:
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78B-3-418 . Opinion and recommendations of panel.
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(1)(a) The prelitigation review panel shall issue an opinion and the division shall issue a
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certificate of compliance with the [pre-litigation hearing] prelitigation requirements of
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this part in accordance with this section.
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(b) A certificate of compliance issued in accordance with this section is proof that [the
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claimant has complied with all conditions precedent under this part prior to the
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commencement of litigation as required in Subsection 78B-3-412(1)] the claimant has
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met all conditions precedent under this section to commencing litigation.
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(2)(a) The panel shall render [its] an opinion in writing not later than 30 days after the [
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end of the proceedings] day on which the panel review concludes, and determine on
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the basis of the evidence whether:
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(i) each claim against each health care provider has merit or has no merit; and
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(ii) if a claim is [meritorious, whether ] deemed meritorious under Subsection (2)(a)(i),
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the conduct complained of resulted in harm to the claimant.
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(b) There is no judicial or other review or appeal of the panel's [decision or
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recommendations] opinion under Subsection (2)(a).
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(3) The division shall issue a certificate of compliance to the claimant, for each respondent
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named in the notice of intent to file a claim under this part, if:
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(a) for a named respondent, the panel issues an opinion [of merit ]under [Subsections
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(2)(a)(i) and (ii)] Subsection (2)(a);
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[(b) for a named respondent, the claimant files an affidavit of merit in accordance with
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Section 78B-3-423 if the opinion under Subsection (1)(a) is non-meritorious under
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either Subsection (2)(a)(i) or (ii);]
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[(c)] (b) the claimant has complied with the provisions of Subsections 78B-3-416(4)(c)
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and (d); or
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[(d)] (c) the parties submitted a stipulation under Subsection 78B-3-416(4)(e).
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Section 5. Section 78B-3-418.5 is enacted to read:
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78B-3-418.5 . Attorney fees.
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(1) The court may award attorney fees and costs to a respondent provider if:
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(a)(i) a prelitigation review panel renders an opinion under Subsection
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78B-3-418(2)(a) that a claimant's claim or cause of action has no merit; or
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(ii) the court finds that the claimant did not receive a certificate of compliance
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because the plaintiff failed to reasonably cooperate in the scheduling of the
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prelitigation panel review under 78B-3-416(4)(f);
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(b) the claimant proceeds to litigate the malpractice action against a health care provider
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without obtaining an affidavit of merit under Section 78B-3-423; and
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(c) the court finds that the claimant did not substantially prevail.
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(2) A claimant in a malpractice action against a health care provider, or the claimant's
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attorney, is liable to any respondent for the reasonable attorney fees and costs incurred
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by the respondent, or by the respondent's insurer, in connection with any filing,
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submission, panel review, arbitration, or judicial proceeding under this part for which a
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claimant files or submits an affidavit containing an allegation that the court or arbitrator
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finds that the claimant knew, or should have known, to be baseless or false at the time
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the affidavit was signed, filed, or submitted.
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(3) A court, or an arbitrator under Section 78B-3-421, may award reasonable attorney fees
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or costs under Subsection (1) only if the respondent files a motion for the attorney fees
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or costs no later than 60 days after the day on which the court's or arbitrator's final
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decision, judgment, or dismissal of all claims in the action is entered.
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Section 6. Section 78B-3-423 is amended to read:
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78B-3-423 . Affidavit of merit.
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[(1)(a) For a cause of action that arises on or after July 1, 2010, before a claimant may
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receive a certificate of compliance under Sections 78B-3-416 and 78B-3-418, a
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claimant shall file an affidavit of merit under this section.]
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[(b)] (1)(a) [The claimant shall file an affidavit of merit] A claimant who elects to file an
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affidavit of merit shall file the affidavit of merit:
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(i) within 60 days after the day on which the pre-litigation panel issues an opinion, if
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the claimant receives a finding from the pre-litigation panel in accordance with
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Section 78B-3-418 of non-meritorious for either:
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(A) the claim of breach of applicable standard of care; or
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(B) that the breach of care was the proximate cause of injury;
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(ii) within 60 days after the day on which the time limit in Subsection
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78B-3-416(4)(b)(ii) expires, if a pre-litigation hearing is not held within the time
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limits under Subsection 78B-3-416(4)(b)(ii); or
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(iii) within 30 days after the day on which the division makes a determination under
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Subsection 78B-3-416(4)(d)(ii)(B), if the division makes a determination under
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Subsection 78B-3-416(4)(d)(ii)(B).
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[(c)] (b) A claimant who is [required] elects to file an affidavit of merit under Subsection
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(1)(a) shall:
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(i) file the affidavit of merit with the division; and
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(ii) serve each defendant with the affidavit of merit in accordance with Subsection
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78B-3-412(3).
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(2)(a) A claimant may proceed to litigate and pursue a judicial remedy regardless of
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whether:
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(i) the claimant has obtained or filed an affidavit of merit under this section;
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(ii) a review panel deemed the claimant's claims to have merit; or
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(iii) the claimant participated in a review panel.
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[(2)] (3) The affidavit of merit shall:
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(a) be executed by the claimant's attorney or the claimant if the claimant is proceeding
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pro se, stating that the affiant has consulted with and reviewed the facts of the case
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with a health care provider who has determined after a review of the medical record
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and other relevant material involved in the particular action that there is a reasonable
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and meritorious cause for the filing of a medical liability action; and
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(b) include an affidavit signed by a health care provider who meets the requirements of
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Subsection [(4)] (5):
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(i) stating that in the health care provider's opinion, there are reasonable grounds to
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believe that the applicable standard of care was breached;
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(ii) stating that in the health care provider's opinion, the breach was a proximate
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cause of the injury claimed in the notice of intent to commence action; and
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(iii) stating the reasons for the health care provider's opinion.
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[(3)] (4) The statement required in Subsection [(2)(b)(i)] (3)(b)(i) shall be waived if the
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claimant received an opinion that there was a breach of the applicable standard of care
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under Subsection 78B-3-418(2)(a)(i).
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[(4)] (5) A health care provider who signs an affidavit under Subsection [(2)(b)] (3)(b) shall:
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(a) if none of the respondents is a physician or an osteopathic physician, hold a current
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unrestricted license issued by the appropriate licensing authority of Utah or another
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state in the same specialty or of the same class of license as the respondents; or
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(b) if at least one of the respondents is a physician or an osteopathic physician, hold a
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current unrestricted license issued by the appropriate licensing authority of Utah or
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another state to practice medicine in all its branches.
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[(5)] (6) A claimant's attorney or claimant may obtain up to a 60-day extension to file the
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affidavit of merit if:
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(a) the claimant or the claimant's attorney submits a signed affidavit for extension with
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notice to the division attesting to the fact that the claimant is unable to submit an
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affidavit of merit as required by this section because:
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(i) a statute of limitations would impair the action; and
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(ii) the affidavit of merit could not be obtained before the expiration of the statute of
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limitations; and
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(b) the claimant or claimant's attorney submits the affidavit for extension to each named
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respondent in accordance with Subsection 78B-3-412(3) no later than 60 days after
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the date specified in Subsection [(1)(b)(i)] (1)(a)(i).
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[(6)] (7)(a) A claimant or claimant's attorney who submits allegations in an affidavit of
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merit that are found to be without reasonable cause and untrue, based on information
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available to the plaintiff at the time the affidavit was submitted to the division, is
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liable to the defendant for the payment of reasonable expenses and reasonable
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attorney fees actually incurred by the defendant or the defendant's insurer.
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(b) An affidavit of merit is not admissible, and cannot be used for any purpose, in a
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subsequent lawsuit based on the claim that is the subject of the affidavit, except for
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the purpose of establishing the right to recovery under Subsection [(6)(c)] (7)(c).
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(c) A court, or arbitrator under Section 78B-3-421, may award costs and attorney fees
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under Subsection [(6)(a)] (7)(a) if the defendant files a motion for costs and attorney
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fees within 60 days of the judgment or dismissal of the action in favor of the
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defendant. The person making a motion for attorney fees and costs may depose and
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examine the health care provider who prepared the affidavit of merit under
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Subsection [(2)(b)] (3)(b).
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[(7)] (8) If a claimant or the claimant's attorney does not file an affidavit of merit as required
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by this section, the division may not issue a certificate of compliance for the claimant
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and the malpractice action shall be dismissed by the court.
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[(8)] (9) For each request for prelitigation panel review under Subsection [78B-3-416(2)(b)]
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78B-3-416(2), the division shall compile the following information:
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(a) whether the cause of action arose on or after July 1, 2010;
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(b) the number of respondents named in the request; and
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(c) for each respondent named in the request:
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(i) the respondent's license class;
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(ii) if the respondent has a professional specialty, the respondent's professional
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specialty;
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(iii) if the division does not issue a certificate of compliance at the conclusion of the
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prelitigation process, the reason a certificate was not issued;
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(iv) if the division issues a certificate of compliance, the reason the certificate of
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compliance was issued;
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(v) if an affidavit of merit was filed by the claimant, for each health care provider
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who submitted an affidavit under Subsection [(2)(b)] (3)(b):
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(A) the health care provider's license class and professional specialty; and
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(B) whether the health care provider meets the requirements of Subsection
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78B-3-416(5)(b); and
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(vi) whether the claimant filed an action in court against the respondent.
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[(9)] (10) The division may require the following persons to submit the information to the
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division necessary for the division to comply with Subsection [(8)] (9):
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(a) a claimant;
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(b) a respondent;
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(c) a health care provider who submits an affidavit under Subsection [(2)(b)] (3)(b); and
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(d) a medical liability pre-litigation panel.
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Section 7. Section 78B-3-423.1 is enacted to read:
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78B-3-423.1 . Division collection of panel review data.
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(1) The division shall:
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(a) compile a written report summarizing the division's administration of panel reviews,
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including at least the information described in Subsection (2);
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(b) in compiling the written report under Subsection (1)(a), review information obtained
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from the court's Xchange database, made available to the division without cost by the
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Administrative Office of the Courts; and
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(c) provide the written report under Subsection (1)(a) to the Judiciary Interim Committee
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no later than November 1 of each year.
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(2) The report under Subsection (1) shall detail, for the period beginning on the day after
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the day through which the last report covered, and ending on the day through which data
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is available:
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(a) the number of panel reviews the division convened, by respective license class;
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(b) the number of cases for which a claimant filed a complaint in court;
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(c) the number of cases in which a provider and claimant agreed to forgo a panel review;
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(d) the number of cases in which a provider and claimant agreed to use a panel review as
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binding arbitration;
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(e) for each panel review the division convened, the prelitigation review panel's
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determinations regarding merit under Subsection 78B-3-418(2)(a);
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(f) the number of cases that were settled after a panel review and:
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(i) before a complaint alleging a malpractice action against a health care provider in
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court is filed; and
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(ii) after a complaint alleging a malpractice action against a health care provider in
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court is filed; and
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(g) for cases alleging a malpractice action against a health care provider that were
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resolved, including by adjudication or stipulated settlement:
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(i) the amount of damages sought as compared to the amount of damages awarded or
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otherwise obtained, if known, including by the following categories:
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(A) noneconomic;
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(B) economic; and
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(C) punitive; and
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(ii) the number of cases that were dismissed with prejudice and without an award of
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damages or any other economic relief to the claimant.
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Section 8. Effective Date.
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This bill takes effect on May 7, 2025.
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