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Medical Liability or Malpractice 2012 Legislation

Medical Liability/Medical Malpractice 2012 Legislation

Last updated: Nov. 21, 2012

NCSL Staff Contact: Heather Morton, Denver

Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission. To recover damages, the patient must establish:

  1. the physician owed a duty to the patient;

  2. the standard of care and that the physician violated that standard;

  3. a compensable injury; and

  4. the violation of the standard of care caused the harm suffered by the patient.

Thirty-seven states and Puerto Rico had pending legislation in the 2012 legislative session. The legislation in this list may include bills that relate to the following medical liability/malpractice issues:

  • Damage award limits or caps
  • Statute of limitation
  • Joint and several liability
  • Limits on attorney fees
  • Patient compensation or injury fund
  • Pre-trial alternative dispute resolution and screening panels
  • Affidavit or certificate of merit
  • Expert witness standards
  • Medical or peer review panels
  • Insurance premiums
  • Requirements to carry medical liability or malpractice insurance
  • Medical professionals apologies

NCSL Related Web pages:

  

AL | AZCA | CT | FL | GA | HI | IL | IN | IA | KS | KY | LA | MD | MA | MI | MN | MS | MO | NE | NH | NJ | NM | NY | OK | OR | PA | PR | RI | SC | SD | TN | VT | VA | WA | WV | WI | WY V-W
STATES
BILL SUMMARY
Alabama
S.B. 314
Indefinitely postponed 5/9/12
Requires a licensed midwife to disclose the status of the licensed midwife's professional liability insurance coverage to a client.
Alaska
none
Arizona
H.C.R. 2001
Repeals Article II, §31 of the Arizona Constitution, relating to no limits on damages for death or personal injuries.
S.B. 1090
Makes a technical correction to the nonadmissibility of certain types of evidence relating to professional liability insurance in medical malpractice actions.
Arkansas
none
California
S.B. 1164
Signed by governor 7/13/12, Chapter 131
This bill extends the operative date of existing law that provides, until January 1, 2016, that an insurer issuing professional liability insurance policies to health care providers is not liable for statements made in any of specified communications, including a written notice of nonrenewal or evidence submitted in a court proceeding or informal inquiry in which nonrenewal is an issue, unless the statement was made in bad faith.
S.B. 1528
Passed Senate 5/30/12
This bill expresses the intent of the Legislature to establish a framework for compensating persons with injuries due to the fault of third parties. The bill also specifies that when a person is compensated for an injury due to the fault of another, the lien rights and other rights of the parties provided in specified provisions shall be maintained. Existing law provides procedures under which, in any case in which a third person is liable to pay for health services provided by a county to an injured or diseased person, the county may recover from that third person or be subrogated to any right or claim that the injured or diseased person, including identified parties in interest, have against that third person. Under these procedures, the county's right of action abates during the pendency of an action brought for damages against the third person by the injured or diseased person and continues as a first lien against any judgment recovered by the injured or diseased person. This bill provides that the county's right of action would continue under this provision as a first lien against any judgment, settlement, compromise, arbitration award, mediation settlement, or other recovery for past medical expenses obtained by the injured or diseased person. The bill makes that lien subject to any liens for attorney's fees and costs incurred by the person or person's representative, estate, or survivors. Existing law authorizes a county to compromise, or settle and execute a release of, any claim, as provided. Existing law also authorizes a county to waive that claim, as provided. This bill requires specified factors to be considered when a county is requested to compromise or waive any claim, as provided.
Colorado
none
Connecticut
H.B. 5434
This bill raises the burden of proof in medical malpractice cases arising from treatment in hospital emergency departments. It requires the plaintiff to prove by clear and convincing evidence, rather than by a preponderance of the evidence, that the medical provider breached the prevailing professional standard of care. The bill applies to cases involving injuries or wrongful death occurring on or after its effective date. Clear and convincing evidence means it is highly probable or reasonably certain that facts are true; preponderance of the evidence means it is more likely than not that facts are true.
S.B. 243
Passed Senate 4/27/12
This bill expands the types of health care providers who may provide a prelitigation opinion letter concerning evidence of medical negligence in a medical malpractice lawsuit or apportionment complaint. The bill also requires that instead of including a detailed basis for the formation of the opinion, the opinion letter include a detailed statement identifying one or more breaches of the prevailing professional standard of care. The bill allows dismissal of an action due to failure to obtain and file the opinion letter only if the claimant does not (1) attach a copy of the opinion letter to the good faith certificate, as is required by law, or (2) remedy the failure to attach the letter within 60 days of a court order to do so.
Delaware
none
District of Columbia
none
Florida
H.B. 243
Passed House 2/24/12
S.B. 378
Substituted 3/8/12
Provides that a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion as to the facts at issue in a case under certain circumstances; provides that the elements necessary to permit a witness to testify as an expert witness are satisfied if the principles or methods on which such knowledge is based are generally accepted by the relevant expert community; provides that facts or data that are otherwise inadmissible in evidence may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that the probative value of the facts or data in assisting the jury to evaluate the expert’s opinion substantially outweighs the prejudicial effect of the facts or data.
H.B. 385
Died in committee 3/9/12
Establishes the burden of proof that a claimant must meet in certain damage claims against health care providers based on death or personal injury; allows a prospective medical malpractice defendant to interview the claimant's treating health care providers without the presence of the claimant or claimant's legal representative; requires a prospective defendant to provide the claimant notice specified period before such interview.
H.B. 1069
Died in committee 3/9/12
S.B. 1328
Died in committee 3/9/12
Limits recovery of damages for medical or health care services to amounts actually paid if no balance to provider is outstanding; limits recovery of such damages to amounts customarily accepted by providers in same geographic area if balance to provider is outstanding; requires medical or health care services to be medically necessary in order to be recoverable; specifies that certain evidence shall be considered in determining amounts customarily accepted; provides for reduction of awards under specified provisions.
H.B. 1233
Died in committee 3/9/12
Provides exclusive remedy for personal injury or wrongful death arising out of medical injury; creates the Patient Compensation System; provides for various offices and committees; provides for independent medical review panels; prohibits certain conflicts of interest; provides process for filing application; provides for disposition of application; provides for determination of compensation when there is sufficient proof of medical injury; provides that compensation shall be offset by any past and future collateral source payments; provides for determinations of malpractice for purposes of specified constitutional provision; provides for review of appeals by administrative law judge; requires annual contributions from specified providers; requires annual report; provides applicability.
H.B. 1235
Died in committee 3/9/12
S.B. 1520
Creates the Patient Compensation Trust Fund within the state treasury; provides for purpose and sources of funds of the trust fund; provides for future review and termination or re-creation of trust fund; provides contingent effective date.
H.B. 4023
Died in committee 3/9/12
Repeals provisions relating to the prevention of recovery of damages for wrongful death by adult children of a decedent or by parents of an adult child with respect to claims for medical negligence; conforms provisions to changes made by act.
H.B. 4127
Died in committee 3/9/12
Deletes the provision relating to assessments for Florida Birth-Related Neurological Injury Compensation Plan to be paid by certain physicians on or before October 15, 1988.
S.B. 614
Died in committee 3/9/12
Provides sovereign immunity to emergency health care providers acting pursuant to obligations imposed by specified statutes; provides an exception; provides that emergency health care providers are agents of the state and requires them to indemnify the state up to the specified liability limits; provides for sanctions against emergency health care providers who fail to comply with indemnification obligations; provides definitions; provides applicability.
S.B. 1454
Withdrawn from further consideration 3/2/12
Repealing provisions relating to damages recoverable by specified persons with respect to claims for medical negligence.
S.B. 1582
Died in committee 3/9/12
Requires that the association administer the Florida Birth-Related Neurological Injury Compensation Plan in a manner that promotes and protects the health and best interests of children having birth-related neurological injuries; revises the membership of the board of directors of the Florida Birth-Related Neurological Injury Compensation Plan; authorizes the governor or the chief financial officer to remove a director from office for specified reasons.
S.B. 1588
Requires the boards or the Department of Health to require the completion of a course relating to communication of medical errors; creates part IV of chapter 766 and cites it as the "Patient Injury Act"; provides that the remedy created in the part is an exclusive remedy for personal injury or wrongful death arising out of or related to a medical negligence claim; creates the Patient Compensation System; provides for offices of medical review, compensation, and quality improvement; provides that compensation for a claim shall be offset by any past and future collateral source payments; provides for determinations of malpractice for purposes of a specified constitutional provision; provides for review of appeals by an administrative law judge, etc.
Georgia
H.R. 1873
Creates the House Study Committee on Defensive Medicine and Patient Compensation.
S.B. 505
Amends §5-6-34 and Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to judgments and rulings deemed directly appealable and medical malpractice arbitration, respectively, so as to substantially revise the law relating to arbitration of medical malpractice claims; provides for direct appeal; changes and provides for definitions; provides for qualifications, terms, and conditions in order for a medical malpractice arbitration agreement to be enforceable; provides for persons other than a patient to enter into binding arbitration on behalf of a patient; provides for construction of arbitration agreements.
Guam
not available
Hawaii
H.B. 1967
Signed by governor 7/9/12, Act 296
S.B. 2469
Amends the medical tort chapter of the Hawaii Revised Statutes, to make the medical claim conciliation process less adversarial and to emphasize inquiry, conciliation, and settlement.  Renames the panels as medical inquiry and conciliation panels.
S.B. 2170
Establishes a tax credit equal to five per cent of the amount of medical malpractice insurance premium paid by a physician who provides on-call services to emergency departments.
S.B. 2656
Establishes the injured patients and families compensation fund to pay the portion of a medical tort claim that exceeds the liability limit of a health care provider's insurance coverage. Requires participating health care providers to have a minimum level of insurance coverage. Provides for assessment of fees and peer council review of claims paid.
S.B. 3021
Makes numerous amendments to part II of chapter 671, HRS, to make the medical claims conciliation process less adversarial and to emphasize inquiry, conciliation, and settlement.  Renames the panels as medical inquiry and conciliation panels.
Idaho
none
Illinois
H.B. 1474
Re-enacts the Sorry Works! Pilot Program Act. Extends the termination date of the reenacted program. Includes a related amendment to the State Finance Act. The program provides for participating hospitals and physicians to promptly acknowledge and apologize for mistakes in patient care and promptly offer fair settlements. Creates a committee to develop, oversee, and implement the program and authorizes grants for certain increased costs.
H.B. 4309
Amends the Illinois Insurance Code. Makes a technical change in a section concerning arbitration of medical malpractice disputes.
H.B. 4407
Amends the Code of Civil Procedure. Makes a technical change in a section concerning healing art malpractice.
H.B. 5219
Amends the Code of Civil Procedure and the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; and to delay the accrual of interest in certain cases where a federal Medicare lien may exist against the judgment. Includes an inseverability provision.
H.B. 5370
Provides that a licensed midwife shall, at an initial consultation with a client, provide a copy of the rules under this Act and disclose to the client orally and in writing whether the licensed midwife has malpractice liability insurance coverage and the policy limits of any such coverage.
H.B. 6243
Amends the Nursing Home Care Act. Provides that an owner or operator of a facility shall purchase and maintain not less than $500,000 in liability insurance for each facility. Provides that no person may establish, own, or operate a facility in the State unless and until the person provides proof of liability insurance coverage to the Department of Public Health. Provides that the Department shall issue a license if the applicant and the facilities meet specified requirements. Provides that each application for a license for a facility shall be accompanied by a license fee of $20 for each bed in the facility, with a minimum fee per facility of $200 (instead of an annual fee of $1,990). Provides that an application for a license to operate a facility also shall include affirmative evidence of the ability to comply with the liability insurance requirement.
S.B. 2960
Amends the Hospital Licensing Act. Provides that a hospital operating within this state shall make publicly available, either in electronic form on a publicly accessible website, or in written form when requested, the financial responsibility requirements with respect to professional liability coverage necessary for a physician to obtain and maintain staff privileges at the hospital.
S.B. 3192
Amends the Hospital Licensing Act. Provides that a hospital may use the information published by the Department of Insurance on its Professional Liability Insurance Resource Center web site in establishing financial responsibility requirements with respect to professional liability coverage for physicians with staff privileges at the hospital. Provides that a hospital may deem any professional liability insurer whose name appears on the web site to be acceptable for meeting the hospital's financial responsibility requirements with respect to professional liability coverage for physicians with staff privileges.
S.B. 3439
Amends the Code of Civil Procedure and the Good Samaritan Act to reenact certain provisions of Public Act 94-677, which was declared to be unconstitutional. Includes explanatory and validation provisions. Makes changes relating to the reenactment. Also makes these substantive changes: Amends the Code of Civil Procedure to lower the rate of interest payable on judgments; and to delay the accrual of interest in certain cases where a federal Medicare lien may exist against the judgment. Includes an inseverability provision.
S.B. 3554
Creates the Alternatives to Medical Malpractice Litigation Task Force. Provides that the task force shall study and report on alternative processes in which medical malpractice complaints may be pursued and presented in Illinois other than proceeding directly to litigation in the Illinois court system. Provides that an alternative process must adhere to the underlying principles of reducing health care costs by lessening the need for physicians to practice defensive medicine, increasing the number of physicians in Illinois by decreasing medical liability insurance rates, and providing patients with fair and timely compensation by avoiding the expense and delay of the court system. Provides that the task force shall develop an objective rating system by which alternative processes to medical malpractice litigation may be ranked by such factors as cost savings to physicians and patients, efficiency in procedures and timeliness, effectiveness in reducing unnecessary litigation, and ability to maintain or improve overall quality of medical care services in this state. Provides that the Department of Insurance shall provide staff and administrative support to the task force. Provides that the task force shall submit a final report of its findings and recommendations to the General Assembly and the governor by January 1, 2013.
Indiana
H.B. 1040
Signed by governor 3/15/12, Public Law 70
Provides that if: (1) a county adopts an ordinance approving the provision of community fast responder services; and (2) the nonprofit corporation directing the provision of community fast responder services maintains a certain level of insurance; the liability of a community fast responder is limited to the amount of insurance. Provides that a community fast responder nonprofit corporation does not include a hospital or an entity operated or directed by a hospital. Provides that fast responders have the same immunity from liability as first responders. Requires a community fast responder nonprofit corporation to purchase an insurance policy that provides $700,000 of insurance coverage for the liability of the corporation's community fast responders. Provides that the limit of liability of a community fast responder nonprofit corporation is $5,000,000. Makes conforming amendments.
H.B. 1127
Establishes the midwifery board (board). Sets qualifications for a certified direct entry midwife (CDEM). Requires the board to: (1) establish continuing education requirements; (2) develop peer review procedures; and (3) adopt rules concerning the competent practice of CDEMs. Establishes penalties for practicing midwifery without a license. Adds culpability standards to the crimes of practicing medicine or osteopathic medicine and acting as a physician assistant without a license. Allows CDEMs to administer certain prescription drugs. Allows certain individuals to act under the supervision of a CDEM. Repeals the definition of "midwife" in the medical malpractice law, and adds a definition of "certified nurse midwife". Makes conforming changes.
S.B. 87
Prohibits a court from admitting into evidence a writeoff, discount, or other deduction associated with a collateral source payment in a personal injury or wrongful death action, unless the action is an action for medical malpractice.
S.B. 354
Requires claims for payment from the medical malpractice patient's compensation fund to be computed and paid every three months instead of every six months.
Iowa
H.F. 490
Passed House 3/14/11
H.S.B. 27
Became H.F. 490 2/28/11
This bill relates to the filing of a certificate of merit in a medical malpractice action. The bill provides that in any action for personal injury or wrongful death against any health care provider based upon negligence, which includes a cause of action for which expert testimony is necessary to establish a prima facie case, the plaintiff is required, within 180 days of the defendant’s answer, to serve the defendant with an expert’s certificate of merit affidavit for each expert listed who is expected to testify with respect to the issues of breach of standard of care or causation. The bill provides that each certificate of merit affidavit must be signed by the expert and include the expert’s statement of familiarity with the applicable standard of care, the expert’s statement that the standard of care was breached by the health care provider named in the petition, the expert’s statement of the actions that the health care provider should have taken or failed to take to have complied with the standard of care, and the expert’s statement of the manner by which the breach of the standard of care was the cause of the injury alleged in the petition. The bill provides that a plaintiff shall serve a separate affidavit on each defendant named in the petition and that answers to interrogatories may serve as an expert’s certificate of merit affidavit in lieu of a separately executed affidavit if the interrogatories satisfy the requirements previously noted and are signed by the plaintiff’s attorney and by each expert listed in the answers to interrogatories and served upon the defendant within 180 days of the defendant’s answer. The bill provides that a certificate of merit affidavit does not preclude additional discovery and that the parties by agreement or the court for good cause shown may provide for extensions of the time limits provided in the bill. If the plaintiff is acting pro se, the plaintiff is required to sign the affidavit or answers to interrogatories and shall be bound by those provisions as if represented by an attorney. The bill provides that failure to comply with the requirements of the bill shall result, upon motion, in dismissal with prejudice of each cause of action as to which expert testimony is necessary to establish a prima facie case. A written notice of deficiency may be served upon the plaintiff for failure to comply with the requirements of the bill because of deficiencies in the affidavit or answers to interrogatories. The plaintiff shall have 14 days to cure the deficiency and failure to comply within the 14 days shall result, upon motion, in mandatory dismissal with prejudice of each action as to which expert testimony is necessary to establish a prima facie case. A party resisting a motion for mandatory dismissal under the bill has the right to request a hearing on the motion. For purposes of the bill, “health care provider” means a physician or surgeon, osteopathic physician or surgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor, physician assistant, or nurse licensed in this state, a hospital licensed pursuant to Code chapter 135B, or a health care facility licensed pursuant to Code chapter 135C.
H.S.B. 620
This bill provides for inclusion as an employee of the state under the state tort claims Act (Code chapter 669) a physician who provides emergency medical services in a participating hospital. The bill also provides definitions, including “emergency medical services” as those services provided pursuant to obligations imposed under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) and a “participating hospital” as a hospital that is subject to the requirements of EMTALA. As an employee of the state under Code chapter 669, however, an emergency health care provider who is a physician would be required to indemnify the state for any judgments, settlement costs, or other liabilities incurred in any claim or judgment under the Code chapter up to $100,000. A physician who fails to indemnify the state after reasonable notice and written demand to do so is subject to license discipline.
S.F. 2305
S.S.B. 3135
Became S.F. 2305 2/28/12
This bill relates to civil practice including liability provisions and privacy rights. The bill expands the definition of personal representative for purposes of obtaining a decedent’s medical records or asserting a decedent’s rights under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA) and designates the personal representative under such circumstances to be the first of the following persons who exist when the request for medical records or assertion of rights is made: the executor or administrator; the decedent’s spouse; the decedent’s adult child; or the decedent’s adult sibling. Current law requires a party in a professional 16 liability case brought against a licensed professional who intends to call an expert witness to certify to the court and all parties in the case the expert’s name, qualifications, the purpose for calling the expert within certain time frames, depending upon whether the party is the plaintiff or defendant in the case. The bill requires a party who intends to call an expert witness to certify to the court and all parties the element or elements of the cause of action about which the expert will testify.
Kansas
S.B. 330
Signed by governor 4/3/12, Chapter 67
Amends statutes related to professional malpractice liability screening panels to allow any judge of a district court to convene such a panel. Under current law, in a district court with more than one division, only the chief judge is given the authority to convene such a panel.
Kentucky
H.B. 361
Creates within KRS Chapter 216C various new sections establishing a medical review panel system for use in civil litigation relating to long-term-care facilities, including sections setting out definitions, delineating covered health care facilities and providers, panel membership and formation, functions and deliberations of the panel, and utilization of panel results in civil actions.
H.B. 535
Proposes an amendment to §14 of the Constitution of Kentucky to authorize the General Assembly to enact a general law to establish a review panel for professional malpractice claims, to deny access to the courts for claims determined to be frivolous based upon the review, provide claimants with limited judicial review of the determination of the review panel, and establish standard of proof.
H.B. 536
Amends KRS 311.962 relating to malpractice to make gender neutral.
Louisiana
H.B. 102
Amends and reenacts R.S. 40:1299.42, relative to medical malpractice; provides for a limitation of recovery; provides for qualifications of health care providers; provides for advance payments.
H.B. 105
Amends and reenacts R.S. 40:1299.39(F)(introductory paragraph), (2), (3), (6), and (7), 1299.42(B)(1), and 1299.43(D) and enacts R.S. 40:1299.39(F)(13) and (14) and 1299.42(B)(4) and (5), relative to medical malpractice; provides for limitations of recovery, annual adjustments of the limits of liability, and proper advertising pursuant to the Malpractice Liability for State Services Act and the Medical Malpractice Act.
H.B. 383
Proposes to add Article XII, §17 of the Constitution of Louisiana, to authorize the Legislature to determine limitations of liability for damages inmedical or health care liability claims and other claims against health care providers; provides for submission of the proposed amendment to the electors.
H.B. 612
Amends and reenacts R.S. 40:1299.47(G)(1) and (2), relative to medical review panels; provides for evidence presented to a medical review panel; provides for the report of the medical review panel as to a violation of a standard of care.
H.B. 766
Signed by governor 6/13/12, Act 802
Amends and reenacts R.S. 40:1299.39.1(A)(1)(b)(ii) and (B)(2), 1299.44(A)(3), (D)(2)(b)(xiv) and (5), 1299.47(A)(1)(b)(ii) and (B)(2) and (3), enacts R.S. 40:1299.39.1(A)(6) and 1299.47(A)(6), and repeals R.S. 40:1299.44(A)(7)(e), relative to medical review; provides relative to the state medical review panel; provides for the Patient's Compensation Fund; provides relative to the surcharge levied on health care providers; provides for time limitations; provides relative to proper parties to remit the surcharge to the Patient's Compensation Fund; provides for procedure of board meetings; provides for requests for review of a malpractice claim; provides relative to raising peremptory exceptions.
H.B. 866
Signed by governor 6/7/12, Act 600
Amends and reenacts R.S. 36:802(introductory paragraph), Part XXII of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1299.39.5 through 1299.39.7, and R.S. 40:1299.58(C), 1299.131(A)(3), and 1300.11 and enacts R.S. 36:259(MM), relative to consent to medical treatment; provides for methods by which informed consent may be obtained; provides for definitions; creates the Louisiana Medical Disclosure Panel; provides for membership, powers, and duties of such panel; provides for attendance via telecommunications; provides for limitations on liability; provides for medical disclosure lists; provides for exceptions to obtaining informed consent; provide for the promulgation of rules and regulations; provides for placement of the Louisiana Medical Disclosure Panel within the Department of Health and Hospitals.
S.B. 141
Proposes to add Article XII, §17, of the Constitution of Louisiana, relative to liability; authorizes the Legislature by law to limit or provide for the extent of liability of a provider of medical or health care; provides certain terms and conditions; provides that such limitation of liability includes the circumstances giving rise to liability and the kinds and amounts of recoverable damages; provides that the limitation of liability applies to certain losses and damages; provides for retroactivity; and specifies an election for submission of the proposition to electors and provides a ballot proposition.
S.B. 176
Signed by governor 6/5/12, Act 538
Enacts R.S. 40:1299.41(L), relative to medical malpractice; provides for definitions and general applications; provides relative to certain acts or omissions regarding declarations or orders related to life-sustaining procedures; provides for prospective application.
S.B. 239
Signed by governor 6/12/12, Act 759
Amends and reenacts R.S. 36:802(introductory paragraph), and Part XXII of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 40:1299.39.5 through 1299.39.7, 1299.58(C), 1299.131(A)(3), and 1300.11, to enact R.S. 36:259(MM), and to repeal R.S. 40:1299.40, relative to informed consent; provides for methods in which informed consent may be obtained; creates the Louisiana Medical Disclosure Panel within the Department of Health and Hospitals; provides for definitions; provides for membership and terms; provides for powers and duties; provides for medical disclosure lists; provides for exceptions to obtaining informed consent; provides for attendance of meetings via telecommunications; provides for limitations of liability; provides for the promulgation of rules and regulations.
S.B. 246
Amends and reenacts R.S. 40:1299.42, relative to medical malpractice; provides relative to limitation of recovery; provides certain procedures, terms, conditions, requirements, and effects.
S.B. 438
Amends and reenacts R.S. 40:1299.47(A)(1)(c), relative to medical malpractice; provides for claims against health care providers; provides terms, conditions, and procedures; provides relative to the medical review panel.
Maine
none
Maryland
H.B. 506
Withdrawn from further consideration 3/5/12
S.B. 857
Withdrawn from further consideration 3/6/12
Provides that the existence of professional liability insurance coverage is admissible at the hearing of a claim or the trial of an action against a health care provider for alleged medical injury solely for the purpose of assessing the bias, if any, of an expert witness, if the expert's professional liability insurance carrier is a mutual or self-insured entity and a judgment against a defendant in the action would be paid by the expert's carrier.
H.B. 507
Withdrawn from further consideration 3/8/12
S.B. 924
Withdrawn from further consideration 3/19/12
Prohibits a party, in the trial of specified actions against a health care provider for an alleged medical injury, from presenting testimony from more than two experts, unless the court, for good cause shown, permits additional experts; and applies the Act to actions filed on or after the effective date.
S.B. 230
Signed by governor 5/2/12, Chapter 196
Alters the time at which specified professional liability insurers seeking reimbursement from the Rate Stabilization Account of the Maryland Health Care Provider Rate Stabilization Fund on behalf of specified health care providers are required to make a specified determination, send a specified notice, and apply to the Account for reimbursement; repeals specified audit requirements; alters reporting requirements.
Massachusetts
H.B. 418
Regulates the period of time for the commencement of actions against providers of health care and provides for apologies by medical professionals.
H.B. 421
Regulates the period of time for the commencement of actions against providers of health care and provides for apologies by medical professionals.
H.B. 465
Provides that any health care provider, as defined in §1 of Chapter 111, who provides emergency medical services, first-aid treatment, or other emergency professional care in compliance with the federal Emergency Medical Treatment and Active Labor Act or as a result of a declared disaster is not liable in damages to any person in a tort action for injury, death, or loss to person or property that allegedly arises from an act or omission of the health care provider’s provision of those services or that treatment or care if that act or omission does not constitute willful or wanton misconduct or a reckless disregard for the consequences so as to affect the life or health of the patient. For the purposes of this section, reckless disregard, as it applies to a given health care provider, means conduct that the provider knew or should have known, at the time those services were rendered, created an unreasonable risk of injury, death, or loss to a person or property so as to affect the life or health or another and that risk was substantially greater than that which is necessary to make the conduct negligent.
H.B. 467
Provides that no physician, physician assistant, or nurse administering immunization or other protective programs under public health programs shall be liable in a civil suit for damages as a result of any act or omission on his part in carrying out his duties. Provides that no physician, physician assistant, or nurse who is registered by the Commonwealth in the Massachusetts System for Advance Registration of Volunteer Health Professionals or its successor entity shall be liable in civil suit for damages for any act or omission on his part related to his voluntary participation in any disaster preparedness or response activity.
H.B. 488
Relates to the tort liability of hospitals.
H.B. 494
Relates to the admissibility of evidence in judicial or administrative proceeding pertaining to adverse health care management.
H.B. 1211
Relates to medical malpractice insurance policies for certain obstetricians and gynecologists.
H.B. 1300
Relates to medical peer review confidentiality proceedings and medical malpractice damages.
H.B. 1301
Relates to patient safety, medical error reporting and medical malpractice.
H.B. 1302
Regulates the testimony of expert witnesses in medical malpractice court cases.
H.B. 1519
Relates to medical peer review and patient safety.
H.B. 1849
Substituted by S.B. 2260 5/9/12
Improves the quality of health care and controlling costs by reforming health systems and payments.
H.B. 2149
Relates to court proceedings and settlements; provides for the distribution of attorney's fees to hospital service corporations and injured individuals in proportion to the amounts received by them from any such settlement or judgment; provides for governing provisions in civil and criminal procedures.
H.B. 2193
Establishes a special commission (including members of the General Court) to study the feasibility of creating a specialized court for purposes of administering medical malpractice claims.
H.B. 2194
Relates to medical malpractice claims, including the use of expert witnesses.
H.B. 2241
Provides that in any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services, other than actions brought under section 2 of Chapter 229, against a provider of health care, in which a verdict is rendered or a finding made or an order for judgment made for pecuniary damages for personal injuries to the plaintiff or for consequential damages, there shall be added by the clerk of the court to the amount of damages interest thereon, at a rate to be determined as set forth below, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. For all actions commenced after the effective date of this act, the rate of interest to be applied by the clerk shall be at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System for the calendar week preceding the date of judgment.
H.B. 2368
Substituted by H.B. 4253 7/11/12
Requires a midwife to disclose to a new client whether the licensed midwife carries malpractice or liability insurance.
H.B. 4070
Provides that in any claim, complaint or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of concern which are made by a health care provider, facility or an employee or agent of a health care provider or facility, to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence in any judicial or administrative proceeding, unless the maker of the statement or a defense expert witness, when questioned under oath during the litigation about facts and opinions regarding any mistakes or errors that occurred, makes a contradictory or inconsistent statement as to material facts or opinions, in which case the statements and opinions made about the mistake or error are admissible for all purposes. In situations where a patient suffers an unanticipated outcome with significant medical complication(s) resulting from the provider’s mistake, the health care provider, facility, or an employee or agent of a health care provider or facility shall fully inform the patient, and when appropriate the patient's family, about said unanticipated outcome.
H.B. 4127
Substituted by H.B. 4155 6/5/12
Provides that in any claim, complaint or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of concern which are made by a health care provider, facility or an employee or agent of a health care provider or facility, to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence in any judicial or administrative proceeding, unless the maker of the statement or a defense expert witness, when questioned under oath during the litigation about facts and opinions regarding any mistakes or errors that occurred, makes a contradictory or inconsistent statement as to material facts or opinions, in which case the statements and opinions made about the mistake or error are admissible for all purposes. In situations where a patient suffers an unanticipated outcome with significant medical complication resulting from the provider’s mistake, the health care provider, facility, or an employee or agent of a health care provider or facility shall fully inform the patient, and when appropriate the patient's family, about said unanticipated outcome.
H.B. 4155
Provides that in any claim, complaint or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of concern which are made by a health care provider, facility or an employee or agent of a health care provider or facility, to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence in any judicial or administrative proceeding, unless the maker of the statement or a defense expert witness, when questioned under oath during the litigation about facts and opinions regarding any mistakes or errors that occurred, makes a contradictory or inconsistent statement as to material facts or opinions, in which case the statements and opinions made about the mistake or error are admissible for all purposes. In situations where a patient suffers an unanticipated outcome with significant medical complication resulting from the provider’s mistake, the health care provider, facility, or an employee or agent of a health care provider or facility shall fully inform the patient, and when appropriate the patient's family, about said unanticipated outcome.
H.B. 4253
Requires a midwife to disclose to a new client whether the licensed midwife carries malpractice or liability insurance.
S.B. 432
Relates to patient care access; provides that the offering of expert testimony in any action for malpractice shall constitute the practice of medicine; requires every insurer or risk management organization which provides insurance to a physician to report certain categories of losses, claims, or actions for damage or personal injury; provides for damages awarded in malpractice claims and interest thereon; provides that liability of each defendant for damages shall be several only and shall not be joint.
S.B. 435
Requires insurers to report malpractice claims or actions for optometrists.
S.B. 479
Provides that the medical professional mutual company may consider the business of each category of health care provider as a separate line of business in considerations related to medical malpractice insurance; provides for procedure at time of conversion.
S.B. 649
Provides that attorney fees for services rendered on behalf of a claimant or defendant in a medical negligence or any other personal injury case shall be fair and reasonable.
S.B. 701
Provides that no physician or nurse administering immunization or other protective programs under public health programs shall be liable in a civil suit for damages as a result of any act or omission on his part in carrying out his duties. Provides that no physician or nurse who is registered by the Commonwealth in the Massachusetts System for Advance Registration of Volunteer Health Professionals or its successor entity shall be liable in civil suit for damages for any act or omission on his part related to his voluntary participation, or within the course of employment, in any disaster preparedness or response activity.
S.B. 766
Provides for time limits and notice requirements for claims against health care providers; defines terms; provides that certain communications are inadmissible as evidence.
S.B. 808
Regulates the period of time for the commencement of actions against providers of health care and provides for apologies by medical professionals.
S.B. 821
Establishes accountability for managed care organizations; defines terms; provides that a carrier or managed care entity for a health care plan shall be liable for damages for harm to an insured under certain circumstances; provides for defenses and exemptions from liability for certain organizations.
S.B. 834
Provides for adverse event reporting, apologies by medical professionals, expert witnesses, damages and the period of time for the commencement of actions against providers of health care.
S.B. 1088
Provides that any health care provider, as defined in §1 of Chapter 111, who provides emergency medical services, first-aid treatment, or other emergency professional care in compliance with the federal Emergency Medical Treatment and Active Labor Act or as a result of a declared disaster is not liable in damages to any person in a tort action for injury, death, or loss to person or property that allegedly arises from an act or omission of the health care provider’s provision of those services or that treatment or care if that act or omission does not constitute willful or wanton misconduct or a reckless disregard for the consequences so as to affect the life or health of the patient.
S.B. 1116
Encourages quality reviews and reduce costs in health care; exempts certain providers and facilities from certain provisions; provides that in any malpractice action against a health care provider, an interest rate shall be imposed on the damages.
S.B. 1133
Requires a midwife to disclose to a new client whether the licensed midwife carries malpractice or liability insurance.
S.B. 1155
Relates to public health volunteer responders; provides that a member of any Massachusetts medical reserve corps established pursuant to §300hh-15 of Chapter 42 of the United States Code, and any volunteers affiliated with the MA Responds registration system for public health, health care, and emergency response volunteers shall not be liable in a civil suit for damages as a result of any act or omission on his part in carrying out his duties.
S.B. 1162
Provides that if a registered physician is convicted of three cases of medical malpractice the board shall revoke said physician's registration.
S.B. 2260
Substituted by S.B. 2270 5/17/12
Relates to improving the quality of health care and controlling costs by reforming health systems and payments; creates a Health Information Technology Council; expands medical peer review; relates to patient protection; relates to health insurer reporting requirements; provides for apologies by medical professionals.
S.B. 2262
Provides that in any claim, complaint or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error or a general sense of concern which are made by a health care provider, facility or an employee or agent of a health care provider or facility, to the patient, a relative of the patient or a representative of the patient and which relate to the unanticipated outcome shall be inadmissible as evidence in any judicial or administrative proceeding, unless the maker of the statement, or a defense expert witness, when questioned under oath during the litigation about facts and opinions regarding any mistakes or errors that occurred, makes a contradictory or inconsistent statement as to material facts or opinions, in which case the statements and opinions made about the mistake or error shall be admissible for all purposes. In situations where a patient suffers an unanticipated outcome with significant medical complication resulting from the provider’s mistake, the health care provider, facility or an employee or agent of a health care provider or facility shall fully inform the patient, and when appropriate the patient's family, about said unanticipated outcome.
S.B. 2270
Substituted by S.B. 2400 7/30/12
Relates to improving the quality of health care and controlling costs by reforming health systems and payments; creates a Health Information Technology Council; expands medical peer review; relates to patient protection; relates to health insurer reporting requirements; provides for apologies by medical professionals.
S.B. 2400
Signed by governor 8/6/12, Chapter 224
Provides for health care quality, cost reduction and determination of need; includes an inventory of resources including facilities for coronary, cancer, neonatal, renal dialysis, surgical, intensive care, skilled nursing, assisted living, long-term care, home health, substance abuse, pharmacy services; family planning, obstetrics, optometric, chiropractic, dental and midwifery; provides employer tax credits for wellness programs; provides for apologies by medical professionals; provides damages for malpractice lawsuits and mental health insurance parity.
Michigan
H.B. 4741
Clarifies notice requirements when filing a complaint or settling a claim without filing a complaint with the State Department; relates to Medicaid contracted health plans, no-fault automobile insurance cases, medical malpractice cases and personal injury automobile negligence cases; provides for recovery of medical expenses, attorney fees and costs.
H.B. 4893
Signed by governor 2/7/12, Public Act 4
The bill amends the Public Health Code to allow a retired optometrist to obtain a special volunteer license for the care and treatment of indigent and needy individuals or individuals in medically underserved areas.
H.B. 5516
Limits nurses practicing under special volunteer license for personal injury or death.
H.B. 5662
Relates to medical malpractice; revises cap on noneconomic damages if defendant has engaged in certain conduct.
H.B. 5669
Modifies and clarifies procedures for entry of damage awards; provides that after a verdict is rendered by a trier of fact in favor of a plaintiff in a medical malpractice action, an order of judgment shall be entered by the court; provides that the order of judgment shall be entered against each defendant, including a third-party defendant, in a specified order and in a specified amount.
H.B. 5670
Relates to medical malpractice; provides that a health care professional is not liable in an action alleging medical malpractice if the person's conduct at issue constituted the exercise of professional judgment; provides that for the purposes of this provision, a person exercises professional judgment if the person acts with a reasonable and good-faith belief that the person's conduct is both well founded in medicine and in the best interests of the patient.
H.B. 5671
Includes nonlicensed health care providers among persons to whom medical malpractice provisions of the revised judicature act apply.
H.B. 5672
Relates to medical malpractice; revises period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs.
H.B. 5698
Limits medical malpractice liability for emergency treatment rendered in a hospital.
H.B. 5774
Requires home care agencies to be licensed; provides for certain inspections; requires such agencies to maintain liability insurance coverage or a surety bond.
H.B. 5860
Provides for criminal penalties for willful omission of data in a patient's medical records or charts for the purpose of concealing his or her responsibility for the patient's injury, sickness, or death by a health care provider or other person.
H.B. 5861
Enacts sentencing guidelines for crime of failing to place information in patient's medical records or charts to conceal responsibility for injury, sickness, or death.
S.B. 1110
Limits medical malpractice liability for emergency treatment rendered in a hospital.
S.B. 1115
Signed by governor 1/8/13, Public Act 608
The bill amends the Revised Judicature Act to establish requirements for the entry of judgments in medical malpractice actions. The requirements include the following: (i) Past and future economic damages, and future health care costs, must be reduced by collateral source payments. (ii)  Past and future noneconomic damages must be reduced by the Act's limits on total noneconomic loss recoverable in medical malpractice actions. (iii) Future economic and noneconomic damages and health care costs must be reduced to gross present cash value. (iv) The total judgment amount must be reduced by the percentage of the plaintiff's fault and, if liability is joint and several, by the amount of all settlements paid by all joint tortfeasors. (v) When reducing past and future noneconomic damages or the total judgment amount, the court must calculate the ratio of past to future damages and allocate the amounts to be deducted proportionately.
S.B. 1116
The bill amends the Revised Judicature Act to do the following: Excuses a health care professional or facility from medical malpractice liability for conduct that constituted the exercise of professional judgment. Prevents a medical malpractice plaintiff from recovering for loss of an opportunity to survive or achieve a better result.
S.B. 1117
Passed Senate 11/29/12
The bill amends the Revised Judicature Act to do the following: Describes the people against whom a medical malpractice action could be maintained. Establishes criteria for an expert witness in a medical malpractice action against a party who was not a licensed health professional.
S.B. 1118
Signed by governor 1/8/13, Public Act 609
The bill amends the Revised Judicature Act to do the following: (i) Change the deadline for filing an affidavit of meritorious defense. (ii) Limit the period of time for bringing a medical malpractice action on behalf of a deceased person. (iii) Provide that prejudgment interest will not be calculated on costs or attorney fees awarded in a medical malpractice action.
S.B. 1136
Relates to medical malpractice; revises cap on noneconomic damages if defendant has engaged in certain conduct.
S.B. 1137
Relates to medical malpractice; provides for double damages if defendant engages in certain misconduct.
Minnesota
H.F. 2346
S.F. 2048
Specifies financial responsibility for hospital-acquired infections.
H.F. 2555
Signed by governor 5/4/12, Chapter 278
S.F. 2304
Indefinitely postponed 4/24/12
Requires each health-related licensing board, as defined in §214.01, subdivision 2, and the commissioner of health, as the regulator for occupational therapy practitioners, speech-language pathologists, audiologists, and hearing instrument dispensers, to post on its public Web site the name and business address of each regulated individual who has: a malpractice judgment occurring on or after July 1, 2013, against the regulated individual in any state or jurisdiction. Information describing judgments shall be developed by the boards and the commissioner, shall be stated in plain English, and shall ensure the public understands the context of actions involving licensees.
Mississippi
H.B. 82
Died in committee 3/6/12
Requires nursing homes to purchase and maintain a certain minimum amount of liability insurance.
H.B. 301
Died in committee 3/6/12
Requires nursing homes to purchase and maintain a certain minimum amount of liability insurance.
H.B. 771
Died in committee 3/6/12
Amends §15-1-36 to revise the statute of limitations on medical malpractice actions.
H.B. 777
Died in committee 3/6/12
Provides that a hospital shall have a lien against wrongful death damages and personal injury damages recovered by patients.
H.B. 977
Died in committee 3/6/12
Prohibits the University of Mississippi Medical Center from requiring a release of all claims before medical treatment.
H.B. 1055
Died in committee 3/6/12
Amends §43-11-13 to provide that the state board of health shall require nursing facilities to carry at least $500,000 in liability insurance as a condition of licensure.
H.B. 1479
Died in committee 3/6/12
Provides that an abortion clinic is a proper party in a malpractice action involving an abortion; brings forward §§11-1-60, 11-1-62 and 11-1-65 for purposes of amendment.
S.B. 2182
Died in committee 3/6/12
Provides that certain statements by health care providers or employees regarding the unanticipated outcome of medical care are inadmissible in any civil action by a relative or representative of the patient; provides definitions.
S.B. 2389
Died in committee 3/6/12
Provides that certain statements by health care providers or employees regarding the unanticipated outcome of medical care are inadmissible in any civil action by a relative or representative of the patient; provides definitions.
Missouri
H.B. 1274
Passed House 4/19/12
Requires that a physician who prescribes or administers RU-486 or any other abortion-inducing drug must obtain in addition to all other medical malpractice requirements a tail or occurrence-based insurance policy of at least $1 million per occurrence and $3 million in the aggregate per year for damages for the personal injury to or death of a child who is born alive after an attempted abortion. The insurance policy must remain in full force and effect until the child reaches his or her twenty-first birthday, or later under §516.105, RSMo.
H.B. 1678
Requires every licensed professional midwife to present a written disclosure statement to each client which shall be signed by the client and kept with the client's records, and shall include but not be limited to the following: A statement concerning the licensed professional midwife's malpractice or liability insurance coverage. Requires licensed professional midwives to carry medical malpractice insurance under the same conditions described for physicians in §383.500.
H.B. 1840
This bill requires any person certified and providing midwifery services to present each client proof of midwifery malpractice insurance coverage of not less than $1 million prior to providing any midwifery services. Any person who fails to provide proof of the coverage will be guilty of a class C misdemeanor.
S.B. 440
This act subjects Chapter 383 malpractice associations to stricter insurance regulations. Under the terms of this act, 383 malpractice association assessments are broken into four types of assessments: initial assessments, regular assessments, operating assessments, and special assessments. A 383 malpractice association's articles of association and bylaws must specify how the various assessments apply to current and former members (§383.016). Under the act, special assessments made by an association after the fifth anniversary of the termination date of a former member's coverage under the association's policy shall not apply to the former member (§383.015). Under the act, a copy of the articles of association and bylaws shall be attached to a policy issued by an assessable association (§383.018). Under the terms of this act, 383 malpractice associations shall be subject to various auditing and financial reporting insurance laws (§383.035). The act removes the prohibition on the Department of Insurance which precluded it from placing limitations on the amount of premium an association can write or on the amount of insurance or liability limit an association can provide (§383.035). The act requires assessable associations to maintain a policyholder's surplus of at least $600,000 (§383.035.5). Assessable associations licensed under Chapter 383 as of February 9, 2012, may renew their licenses with lower surplus requirements over a three year period ($200,000 surplus after 2012, $400,000 surplus after 2013, and $600,000 surplus after 2014). Under current law, 383 malpractice associations are not required to maintain positive surpluses. The act requires 383 associations to maintain a specified ratio of premiums written to surplus held. A 383 malpractice associations shall not cause the ratio of its net written premiums to its policyholder's surplus to exceed 3 to 1 without approval of the director. Assessable associations licensed under Chapter 383 as of February 9, 2012, may renew their licenses with higher ratios over a three year period (4 to 1 after 2012, 3.5 to 1 after 2013, and 3 to 1 after 2014)(§383.035.6). Failure to comply with the surplus or premiums written/surplus ratio requirements constitutes grounds for revocation of an association's license (§383.035). The act repeals a provision of law which currently provides that 383 malpractice association rates shall not be excessive or inadequate, nor shall they be unfairly discriminatory (§383.037). Under current law, medical malpractice insurers are prohibited from issuing medical malpractice policies in which the rates are excessive, inadequate, or unfairly discriminatory. A determination of whether a base rate is excessive, inadequate, or unfairly discriminatory is determined by the director. This act clarifies this statute by requiring the director to hold a hearing before making such a finding and that the director must base the decision on competent and substantial evidence on the whole record rather than competent and compelling evidence (§383.206). Assessable associations operating under the 383 malpractice association laws prior to August 28, 2012, shall have 180 days following such date to come into compliance with the requirements of the modified provisions and to file their articles of association and bylaws conforming to the modified provisions or the director may suspend the assessable association's certificate of authority or issue a cease and desist order prohibiting the assessable association from writing new business (§383.009).
S.B. 500
This act provides coverage under the state legal expense fund for any licensed doctor, therapist, dentist, podiatrist, optometrist, pharmacist, psychologist, or nurse who is hired on a contract basis to serve as a consultant for the MO HealthNet division or family support division of the Department of Social Services, or to serve as a consultant to the Department of Mental Health. The coverage is limited to a maximum of 500,000 dollars for all claims based upon the same act. If the professionals covered by the state legal expense fund under this act have other liability or malpractice insurance, the state legal expense fund is required to pay before the liability or malpractice insurance is available for paying the claim. The Department of Social Services is required to issue rules regarding the contract procedures and documentation of services for such consultants.
S.B. 886
This act subjects Chapter 383 malpractice associations to stricter insurance regulations. Under the terms of this act, 383 malpractice association assessments are broken into four types of assessments: initial assessments, regular assessments, operating assessments, and special assessments. A 383 malpractice association's articles of association and bylaws must specify how the various assessments apply to current and former members (§383.016). Under the act, special assessments made by an association after the fifth anniversary of the termination date of a former member's coverage under the association's policy shall not apply to the former member (§383.015). Under the act, a copy of the articles of association and bylaws shall be attached to a policy issued by an assessable association (§383.018). Under the terms of this act, 383 malpractice associations shall be subject to various auditing and financial reporting insurance laws (§383.035). The act removes the prohibition on the Department of Insurance which precluded it from placing limitations on the amount of premium an association can write or on the amount of insurance or liability limit an association can provide (§383.035). The act requires assessable associations to maintain a policyholder's surplus of at least $600,000 (§383.035.5). Assessable associations licensed under Chapter 383 as of February 9, 2012, may renew their licenses with lower surplus requirements over a three year period ($200,000 surplus after 2012, $400,000 surplus after 2013, and $600,000 surplus after 2014). Under current law, 383 malpractice associations are not required to maintain positive surpluses. The act requires 383 associations to maintain a specified ratio of premiums written to surplus held. A 383 malpractice associations shall not cause the ratio of its net written premiums to its policyholder's surplus to exceed 3 to 1 without approval of the director. Assessable associations licensed under Chapter 383 as of February 9, 2012, may renew their licenses with higher ratios over a three year period (4 to 1 after 2012, 3.5 to 1 after 2013, and 3 to 1 after 2014)(§383.035.6). Failure to comply with the surplus or premiums written/surplus ratio requirements constitutes grounds for revocation of an association's license (§383.035). Under the terms of the act, any assessable association that cedes reinsurance in compliance with §375.426, for the term of all policies written by the association and with an annual cap of not less than 250 percent of the association’s annual net written premium, shall be exempt from the surplus and premiums written/surplus ratio provisions, if such reinsurance covers the association's per claim risk on such policies in at least the percentages set forth below that correspond to the association's surplus:
Surplus Per Claim Risk
0 to $ 999,999 80%
$1,000,000 to $ 2,999,999 70%
$3,000,000 to $ 5,999,999 60%
$6,000,000 to $10,000,000 50%
The act repeals a provision of law which currently provides that 383 malpractice association rates shall not be excessive or inadequate, nor shall they be unfairly discriminatory (§383.037). Under current law, medical malpractice insurers are prohibited from issuing medical malpractice policies in which the rates are excessive, inadequate, or unfairly discriminatory. A determination of whether a base rate is excessive, inadequate, or unfairly discriminatory is determined by the director. This act clarifies this statute by requiring the director to hold a hearing before making such a finding and that the director must base the decision on competent and substantial evidence on the whole record rather than competent and compelling evidence (§383.206). Assessable associations operating under the 383 malpractice association laws prior to August 28, 2012, shall have 180 days following such date to come into compliance with the requirements of the modified provisions and to file their articles of association and bylaws conforming to the modified provisions or the director may suspend the assessable association's certificate of authority or issue a cease and desist order prohibiting the assessable association from writing new business (§383.009).
Montana
No Regular 2012 Session
Nebraska
L.B. 350
Indefinitely postponed 4/18/12
Amends §52-401; changes medical lien provisions and provides personal injury damage suit provisions.
Nevada
No Regular 2012 Session
New Hampshire
H.B. 199
Failed to pass House 1/5/12
This bill modifies procedures for screening panels for medical injury claims.
H.B. 261
Failed to pass House 1/5/12
This bill eliminates screening panels for medical injury claims.
H.B. 527
Failed to pass House 1/4/12
Limits non-economic damages, contingent fees, liability for emergency treatment on scene of the emergency, and wrongful death recoveries. Provides for payment of future damages.
H.J.R. 2
This house joint resolution prohibits the implementation of the insurance department rules regarding the New Hampshire Medical Malpractice Joint Underwriting Association.
S.B. 17
To Senate for concurrence 5/17/12
This bill makes certain statements by medical care providers to an alleged victim and the alleged victim’s relatives and representatives inadmissible as evidence in any medical injury action.
S.B. 278
This bill limits the recovery of health care expenses in personal injury actions and removes “probable duration of life but for the injury” as an element that may be considered in determining damages in a wrongful death action.
S.B. 325
Failed to pass Senate 2/15/12
This bill establishes procedures for determining periodic payments of judgments for future damages for economic loss in bodily injury actions.
S.B. 406
Vetoed by governor 6/20/12
Veto overridden 6/27/12, Chapter 288
Establishes an early offer alternative in medical injury claims, relative to confidentiality of police personnel files, and establishes a committee to study the referral of patients for use of implantable medical devices.
New Jersey
A.B. 600
Revises approval process for rate changes applicable to medical malpractice liability insurance.
A.B. 966
S.B. 1628
Caps noneconomic damages in medical malpractice actions at $250,000.
A.B. 969
Prohibits wrongful life/birth suits.
A.B. 974
Enacts the “Medical Philanthropy Act;” provides physicians who provide uncompensated care with $250,000 cap on noneconomic damages in actions alleging medical malpractice.
A.B. 1488
Provides immunity against "wrongful birth" and "wrongful life" suits.
A.B. 1689
Establishes a Special Medical Malpractice Part in the Superior Court.
A.B. 1806
Concerns liability, standards of care, and insurance coverage for medical malpractice actions.
A.B. 1810
Revises standards for expert witnesses in medical malpractice actions.
A.B. 1817
S.B. 1221
Extends the Medical Malpractice Liability Insurance Premium Assistance Fund and collection of annual surcharges for five years.
A.B. 1831
S.B. 602
Concerns liability and insurance coverage for medical malpractice actions.
A.B. 1926
Establishes limits for certain damages in medical malpractice actions.
A.B. 2178
S.B. 1165
Provides civil immunity for certain volunteer physicians, nonprofit clinics, and federally qualified health centers.
A.B. 2553
S.B. 2215
Requires certain civil actions against certain licensed persons to be brought within two years, includes physicians, dentists, chiropractors and midwives.
A.B. 2916
Exempts homestead from attachment in medical malpractice judgment.
A.B. 2917
Prohibits insurers from raising medical malpractice liability insurance premiums under certain circumstances.
A.B. 3104
Signed by governor 6/29/12, Chapter 17
S.B. 2072
Substituted 6/28/12
Amends provisions regardng civil liability immunity for health care professionals to provide that if an individual's actual health care facility duty, including on-call duty, does not require a response to a patient emergency situation, a health care professional who, in good faith, responds to a life-threatening emergency or responds to a request for emergency assistance in a life-threatening emergency within a hospital or other health care facility, is not liable for civil damages as a result of an act or omission in the rendering of emergency care. The immunity granted pursuant to this section does not apply to acts or omissions constituting gross negligence, recklessness, or willful misconduct.
A.B. 3137
Revises various laws concerning medical malpractice.
A.B. 3183
Prohibits information from certain medical malpractice claims from being used by employers or medical malpractice insurers.
A.B. 3293
Establishes system for early resolution of medical injury claims.
S.B. 474
Reduces statute of limitations for medical malpractice liability actions to four years.
S.B. 477
Concerns medical malpractice procedures and liability.
S.B. 623
Establishes a Medical Malpractice Court.
S.B. 2231
Creates the “Volunteer Medical Professional Health Care Act.”
New Mexico
H.B. 316
Specifies venue for malpractice claims filed on or after July 1, 2012.
H.B. 317
Enacts the Hospital Liability Act; provides liability limits for certain malpractice claims against hospitals, hospital systems and ambulance service providers.
S.M. 27
Adopted 2/15/12
Requests the legislative Health and Human Services Committee and the courts, corrections and justice committee to study the Tort Claims Act lifetime medical cap and to consider ways in which the state or its political subdivisions may obtain additional coverage for the expenses of providing medical care for children catastrophically injured by public employees.
New York
A.B. 344
Passed Assembly 6/18/12
S.B. 5153
Provides for a premium reduction for physicians and licensed midwives who complete a risk management strategies in obstetrics course.
A.B. 694
S.B. 3296
Enacts the "personal healthcare information privacy act"; prohibits interviews of other party's treating physicians or health care providers in personal injury, medical, dental, or podiatric malpractice or wrongful death actions.
A.B. 1246
S.B. 221
Establishes a central registry of medical personnel terminated for cause.
A.B. 2061
Passed Assembly 1/23/12
Provides that an affirmation of a health care practitioner may be served or filed in an action in lieu of and with same force and effect as an affidavit (changes the current reference in existing provisions from "physician, osteopath or dentist" to "health care practitioner").
A.B. 2814
Enacting clause stricken 2/8/12
Enacts the New York birth-related neurological injury compensation act; directs the workers' compensation board to determine all claims for compensation for birth-related impairment, and if the injury falls within the defined scope of neurological injuries, direct compensation by the fund, similar to a no fault system.
A.B. 2820
S.B. 3059
Passed Senate 6/12/12
Provides for the certification of and qualifications for dentists practicing oral and maxillofacial surgery; includes such dentist within provisions of law regulating office-based surgery; provides for a study of whether an oral and maxillofacial surgery profiling program should be established; and provides that in an oral and maxillofacial surgery malpractice action a physician may be called as an expert witness at trial.
A.B. 3049
Imposes a tax on health maintenance organizations and establishes the medical malpractice relief fund.
A.B. 3728
Provides an exemption to certain provisions relating to risk-based capital for property/casualty insurance companies; repeals certain provisions relating thereto; relates to financial regulation of medical malpractice insurance liability companies.
A.B. 3913
S.B. 1098
Relates to the time to commence certain medical malpractice actions; provides that actions related to acts or omissions of hospitals where an incident report is required to be filed may be filed within one year of the required filing.
A.B. 4909
S.B. 1982
Requires general hospital which submits an incident report to the department of health to simultaneously provide a copy of such report to the affected patients and/ or their legal representatives; stays the statute of limitations for medical, dental and podiatric malpractice causes of action until one year after an incident report is submitted.
A.B. 8256
S.B. 5440
Enacting clause stricken 1/9/12
Provides an exemption for certain stock and non-stock insurance companies; relates to risk-based capital for property and casualty insurance companies; provides for statutory association membership obligations, current premium income, the malpractice insurance association, physician and surgeon surcharge on malpractice insurance premiums and dissolution of such company; requires public notice before promulgation of regulations regarding equitable distribution to authorized medical malpractice insurers.
A.B. 8414
Signed by governor 8/1/12, Chapter 280
S.B. 6069
Substituted 6/19/12
Requires notification on the department of health's Website that all physician information may not be all-inclusive or up-to-date; requires an active link to the Website maintained by the unified court system containing information on active and disposed cases in the local and state courts in the state.
A.B. 8621
S.B. 7070
Excludes a statement of apology or regret, made by a health care provider, as an admission of liability in a malpractice lawsuit.
A.B. 10432
Substituted 6/18/12
S.B. 7514
Passed Assembly 6/18/12
Exempts medical malpractice insurance companies from provisions of law relating to the risk based financial standards applying to all property casualty insurance companies until December 31, 2016; extends certain prohibitions on requests for orders of rehabilitation or liquidation for medical malpractice insurance carriers until December 31, 2016.
A.B. 10797
S.B. 7813
Repeals certain provisions relating to podiatric scope of practice; does not authorize a physician to be called as an expert witness at a podiatric medical malpractice proceeding.
S.B. 6807
Establishes the medical harm disclosure act requiring the reporting of medical harm events occurring at hospitals.
S.B. 7028
Relates to the liability of health care practitioner volunteers.
S.B. 7388
Relates to the conversion of domestic reciprocal medical malpractice insurers and the premium rates and surcharges for medical malpractice insurance.
North Carolina
none
North Dakota
No Regular 2012 Session
Ohio
none
Oklahoma
S.B. 1690
Signed by governor 5/16/12, Chapter 290
Relates to the Board of Dentistry; clarifies membership to the Board of Dentistry; modifies powers; provides for certain temporary licenses; provides for annual criminal background checks; adds certain acts by dentists for which a penalty may be imposed; relates to dental laboratories permit holders; requires the board to refer certain alleged violations to the district attorney; requires dentists to maintain liability insurance.
Oregon
H.B. 4027
Signed by governor 3/16/12, Chapter 41
Expands immunity from liability for health care provider who provides services for charitable organization without compensation. Provides immunity from liability for person providing outreach services without compensation to homeless individuals, or individuals at risk of becoming homeless individuals, under certain circumstances. Provides immunity from liability for pharmacists and optometrists providing services without compensation under certain circumstances.
Pennsylvania
H.B. 48
Signed by governor 7/5/12, Act 90
Amends the Medical Practice Act of 1985; adds definitions; provides for licensure of prosthetists, orthotists, pedorthists and orthotic fitters; relates to education and training, patient log requirements, criminal history, prescription requirements, professional liability insurance coverage requirements, and related matters.
H.B. 1280
Passed House 2/7/12
Amends the Acupuncture Registration Act; provides for medical diagnosis; provides for liability insurance.
H.B. 1907
Passed House 1/18/12
Amends the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, further providing for punitive damages.
H.B. 2120
Amends Titles 35 (Health and Safety) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, establishing a system for the use of volunteer health practitioners; provides reasonable safeguards to assure that health practitioners are appropriately licensed and regulated to protect the public's health; provides for applicability of workers' compensation and occupational disease law; provides for limitation of civil damages..
H.B. 2299
Amends the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, providing for emergency care.
S.B. 388
Signed by governor 6/22/12, Act 65
Amends The Dental Law; provides for minimum standards of professional liability insurance, including personally purchased medical professional liability insurance, self-insurance, medical professional liability insurance coverage provided by the dentist's employer, or medical professional liability insurance coverage provided by a community-based clinic for dentists with a volunteer license; includes federally qualified health centers; provides for a minimum amount per occurrence or claim.
S.B. 1538
Amends the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, providing for punitive damages study; and imposing duties on the Insurance commissioner.
S.B. 1591
Amends the act of March 20, 2002 (P.L.154, No.13), known as the Medical Care Availability and Reduction of Error (MCARE) Act, in regulation of medical professional liability insurance; repeals provisions relating to reports to commissioner and claims information.
Puerto Rico
H.B. 3976
To conference committee 6/29/12
Amends the Rules of Evidence of 2009; establishes that the statements or gestures expressing apology, sympathy or solidarity to make a provider of health care give services to an alleged victim of an unanticipated medical outcome or a relative or representative thereof, shall be inadmissible as evidence of liability of unexpected medical outcome.
H.B. 3988
Passed House 6/22/12
Amends Law 77 of 1957 known as Code of Insurance in order to establish mechanisms to be considered as preferred for settling damage claims of an alleged victim of an unexpected medical outcome and alternative methods of dispute resolution.
S.B. 512
Signed by governor 9/6/12, Law 182
medical and hospital services on the premises of the Government of Puerto Rico; exempts from liability for damages employees who provide emergency medical services by using an automated external defibrillator in private establishments in the jurisdiction of the Commonwealth of Puerto Rico.
S.B. 2344
Signed by governor 10/15/12, Law 278
Amends Law 77 of 1957 on the Insurance Code for the purposes of including the San Antonio Hospital of Mayaguez within the limits of liability for civil malpractice that is subject to the Government of Puerto Rico.
S.R. 2413
Adopted 4/24/12
Orders the Senate Committee on Banking, Consumer Affairs and Public Corporations to conduct research on brokers and insurance companies with respect to medical malpractice that do business in Puerto Rico, especially but not limited to, those working or surplus lines and policies in the business of medical malpractice.
Rhode Island
H.B. 7172
Withdrawn at sponsor’s request 3/1/12
This act provides that expressions of sympathy, statements by a health care provider to a patient or to the patient’s family regarding the outcome of such patient’s medical care and treatment, including reports of medical/health care errors or unanticipated outcomes as required be in accordance with JCAHO’s standards, and any offers by a health care provider to undertake corrective action to assist the patient shall be inadmissible as evidence or an admission of liability in any claim or action against the provider.
H.B. 7290
This act provides that statements by a health care provider to a patient or to the patient’s family regarding the outcome of such patient’s medical care and treatment such as an apology or expression of sympathy, and any offers by a health care provider to undertake corrective action to assist the patient shall be inadmissible as evidence or an admission of liability in any claim or action against the provider.
H.B. 7559
Signed by governor 6/21/12, Chapter 395
S.B. 2523
Signed by governor 6/21/12, Chapter 373
This act sets forth separate provisions for the admission of medical affidavits into evidence without the provider being required to testify in court, based on claims of professional negligence against medical providers.
H.B. 7643
This act exempts any medical malpractice insurance joint underwriters association from having to pay an annual tax of two percent of its gross premiums on contracts of insurance.
H.B. 7776
Passed House 3/20/12
This act transfers authority to require that health care professionals and nursing homes have professional liability insurance from the department of business regulation to the department of health. This act would not affect the department of business regulation’s jurisdiction over medical malpractice insurers.
S.B. 2671
This act provides that statements by a health care provider to a patient or to the patient’s family regarding the outcome of such patient’s medical care and treatment such as an apology or expression of sympathy, and any offers by a health care provider to undertake corrective action to assist the patient shall be inadmissible as evidence or an admission of liability in any claim or action against the provider.
South Carolina
H.B. 4008
Signed by governor 6/26/12, Act 275
Adds §44-7-390 so as to provide that there is no monetary liability, and no cause of action is created, by a hospital undertaking or performing certain acts if not done with malice; adds §44-7-392 so as to provide that certain hospital proceedings and data, documents, records, and information resulting from these proceedings are confidential and not subject to discovery or subpoena and may not be used as evidence in a civil action unless the hospital has waived confidentiality or the data, documents, records, or information are otherwise available and subject to discovery; provides that the outcome of a practitioner's application for hospital staff membership or clinical privileges, including the privileges requested or approved, is not confidential, that the application and supporting documents are confidential, and that the application may be obtained from the physician or from the practice where the physician works; provides that a practitioner subject to a disciplinary proceeding may receive data, documents, records, and information relating to the practitioner, even if otherwise confidential, provides that release of such data, documents, records, and information is not a waiver of confidentiality, and prohibits disclosure by the practitioner to third parties, other than counsel; provides that disclosure of certain information by a hospital through reports to the department of health and environmental control, the joint commission, the board of medical examiners, or the national practitioner data bank is not a waiver of a privilege or confidentiality; and provides that an affected person may file an action to assert a claim of confidentiality and a motion to enjoin the hospital from releasing data, documents, records, or information to the department, the board of medical examiners, the national practitioner data bank, or the joint commission that are not required by law to be released and provides procedures to further address such claims, including an award of attorney's fees when such a claim is unreasonably asserted; adds §44-7-394 so as to provide procedures when a claim of confidentiality is asserted in a judicial proceeding, including an award of attorney's fees when such a claim is unreasonably asserted; provides restrictions on and procedures for offering testimony in a medical or hospital malpractice case by a person who was a witness to the care that is the subject of the malpractice case; and amends §40-71-10, relating to immunity from liability for members of certain professional society standards committees, hospital medical staff committees, and committees appointed by the department of health and environmental control to review patient records, so as to exclude from immunity members of a hospital medical staff committee and to include immunity for members of committees appointed by the department of mental health to study patient records.
S.B. 771
Adds §44-7-390 so as to provide that there is no monetary liability, and no cause of action is created, by a hospital undertaking or performing certain acts if not done with malice; adds §44-7-392 so as to provide that certain hospital proceedings and data, documents, records, and information resulting from these proceedings are confidential and not subject to discovery or subpoena and may not be used as evidence in a civil action unless the hospital has waived confidentiality or the data, documents, records, or information are otherwise available and subject to discovery; provides that the outcome of a practitioner's application for hospital staff membership or clinical privileges is not confidential but that the application and supporting documents are confidential; provides that disclosure of certain information by a hospital through reports to the department of health and environmental control, the joint commission, or the board of medical examiners is not a waiver of any privilege or confidentiality; and to provide that an affected person may file an action to assert a claim of confidentiality and to enjoin the hospital, the joint commission, or the board of medical examiners from releasing such information, and if the court finds that the person acted unreasonably in asserting this claim, the court shall assess attorney's fees against that person; adds §44-7-394 so as to provide that if in a judicial proceeding the court finds documents, over which the hospital asserted a claim of confidentiality, are not subject to confidentiality and that the hospital acted unreasonably in asserting this claim, the court shall assess attorney's fees against the hospital for costs incurred by the requesting party to obtain the documents; and amends §40-71-10, relating to the exemption from tort liability for members of certain professional committees, so as to delete from the exemption an appointed member of a committee of a medical staff of a hospital if the staff operates pursuant to written bylaws approved by the governing board of the hospital.
South Dakota
H.B. 1204
Clarifies certain rules of evidence to determine the value of services for which special damages may be awarded in health care malpractice cases.
Tennessee
H.B. 2979
S.B. 2789
Signed by governor 5/10/12, Public Chapter 926
Amends TCA Section 29-26-121 to specify that upon the filing of any healthcare liability action, the named defendant may petition the court for a qualified protective order allowing the defendant and their attorneys the right to obtain protected health information during interviews, outside the presence of claimant or claimant's counsel, with the relevant patient's treating healthcare providers.
H.B. 3127
S.B. 2820
Amends TCA §29-26-115 to provide that in a health care liability action, a medical expert is limited to testimony concerning the standard of acceptable professional practice in the local community and testimony of the regional or national standard and why it is applicable is inadmissible.
H.B. 3717
Signed by governor 4/23/12, Public Chapter 798
S.B. 3101
Revises various references through Tennessee Code Annotated from "medical malpractice" to "health care liability" and from "medical malpractice action" to "health care liability action" to conform to the provisions enacted by the 2011 session of the 107th General Assembly in the Tennessee Civil Justice Act of 2011.
Texas
No Regular 2012 Session
Utah
none
Vermont
H.B. 559
Signed by governor 5/16/12, Act 171
The act requires a party filing a claim to recover damages for a personal injury or wrongful death occurring on or after February 1, 2013 to file a certificate of merit along with the complaint. The certificate of merit certifies that the plaintiff or the plaintiff's attorney has consulted with a qualified health care provider, and that the health care provider has described the applicable standard of care and has indicated that there is a reasonable likelihood that the plaintiff will be able to show the defendant failed to meet the standard of care and so caused the plaintiff's injury. The act also allows a potential medical malpractice plaintiff to request that each potential defendant participate in pre-suit mediation and details the mediation process. The provisions relating to pre-suit mediation take effect February 1, 2013 and sunset two years later on February 1, 2015. The act directs the secretary of administration or designee to report by September 1, 2014 regarding the impact of using the certificate of merit and pre-suit mediation. Beginning in 2013, the act also requires hospital community reports to include data from all Vermont hospitals of reportable adverse events, along with analysis and explanation.
Virginia
H.B. 346
Signed by governor 3/10/12, Chapter 213
Amends provisions governing the practice of nurse practitioners. The bill provides that nurse practitioners shall only practice as part of a patient care team and shall maintain appropriate collaboration and consultation, as evidenced in a written or electronic practice agreement, with at least one patient care team physician licensed to practice medicine in the Commonwealth. The bill also establishes requirements for written or electronic practice agreements for nurse practitioners, provides that physicians practicing as part of a patient care team may require nurse practitioners practicing as part of that patient care team to be covered by professional malpractice insurance, and amends requirements related to the prescriptive authority of nurse practitioners practicing as part of a patient care team.
S.B. 65
Passed Senate 2/13/12
Requires nursing homes, certified nursing facilities, and assisted living facilities to inform patients and residents about liability insurance available to pay claims of the patient or resident.
Washington
H.B. 2307
S.B. 6187
Signed by governor 3/30/12, Chapter 250
Provides that all claims against the state, or against the state's officers, employees, or volunteers for damages arising out of tortious conduct, including claims involving injuries from health care must be presented to the risk management division of the Department of Enterprise Services.
H.B. 2308
Signed by governor 3/29/12, Chapter 165
S.B. 6301
Regulates awarding of costs, including attorneys' fees, in actions challenging actions taken by professional peer review bodies.
H.B. 2462
Provides immunity for health care providers following end-of-life planning declarations.
H.B. 2690
Provides that claims against a state or local governmental entity based on injuries from health care must be presented to the state or local government entity prior to the commencement of a court action.
H.B. 2741
Passed House 2/9/12
Removes the exemption for injuries from health care from provisions relating to claims against the state and governmental health care providers arising out of tortuous conduct.
West Virginia
H.B. 3127
Amends and reenacts §59-1-11 to increase the fees charged by the clerk of the circuit court for medical professional liability actions.
H.B. 4032
Amends §55-7-15 to provide immunity from civil liability hospital volunteers who in good faith render emergency care at a hospital, without remuneration, from civil liability for rendering those services.
H.B. 4379
S.B. 503
Amends and reenacts §29-12C-1 and §29-12C-2, amends and reenacts §29-12D-1 and §29-12D-3 to remove the limitation that damages must be economic; and limit the amount in any one occurrence to $1 million from the West Virginia Patient Injury Compensation Fund.
H.B. 4399
S.B. 504
Amends and reenacts §55-7B-9 relating to several liability for health care providers.
S.B. 672
Amends and reenacts §16-5C-15 to clarify that actions brought for damages for injuries suffered in a nursing home are subject to the same liability limitations as other medical professional liability actions.
Wisconsin
A.B. 147
Failed to pass pursuant to Senate Joint Resolution 1 3/23/12
This bill provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient's relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest.
S.B. 103
Failed to pass pursuant to Senate Joint Resolution 1 3/23/12
This bill provides that a statement or conduct of a health care provider that expresses apology, benevolence, compassion, condolence, fault, liability, remorse, responsibility, or sympathy to a patient or patient's relative or representative is not admissible into evidence or subject to discovery in any civil action or administrative hearing regarding the health care provider as evidence of liability or as an admission against interest.
Wyoming
H.B. 14
Signed by governor 3/5/12, Chapter 5
Relates to civil procedure; generally modifies provisions relating to wrongful death actions; provides for appointment of a wrongful death representative; specifies factors for determining a wrongful death representative; specifies on whose behalf a wrongful death action is brought.
S.F. 32
Signed by governor 3/8/12, Chapter 48
Relates to workers' compensation; authorizes the medical commission to report suspected substandard or inappropriate medical or health care to appropriate licensing authorities; clarifies that members of the workers' compensation medical commission shall be considered public employees for purposes of the Wyoming Governmental Claims Act; provides for an election of federal tort immunity under the Health Care Quality Improvement Act of 1986; provides that confidentiality does not prohibit authorized reports to professional licensing authorities.


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