2012 -- H 7172

=======

LC00672

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - EVIDENCE

     Introduced By: Representatives McNamara, and Bennett

     Date Introduced: January 18, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. The legislature hereby finds and declares that effective July 1, 2001, the

1-2

Joint Committee on Accreditation of Healthcare Organizations (“JCAHO”) requires, as part of its

1-3

standards for accreditation, that health care providers report all medical/health care errors to the

1-4

overseeing health care facility. Providers are further required to provide a clear explanation to the

1-5

patient and, when appropriate, their families of the outcome of any treatment or procedure,

1-6

including unanticipated outcomes. The premise of the standards is that more open communication

1-7

within a health care facility and with patients will lead to a reduction of medical/health care errors

1-8

and other factors which contribute to unintended adverse patient outcomes. In order to create an

1-9

environment which encourages recognition and acknowledgment of medical/health care errors,

1-10

the standards call for minimization of individual blame or retribution for involvement in a

1-11

medical/health care error. The legislature hereby intends to create such an environment by

1-12

excluding from evidence in a civil action any statements made by providers in accordance with

1-13

the JCAHO standards as well as any statements of sympathy expressed by the provider to the

1-14

patient or to the patient’s family. The legislature further finds that to the extent such statements

1-15

are mandated by the JCAHO standards, it would be unfair to introduce such statements into

1-16

evidence as voluntary admissions of the provider.

1-17

     SECTION 2. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended

1-18

by adding thereto the following section:

1-19

     9-19-45. Accessibility of health care provider's reports of medical and health care

1-20

errors. – (a) For purposes of this section:

2-1

     (1) “Family” means the spouse, parent, grandparent, stepparent, child, grandchild,

2-2

brother, sister, half brother, half sister, uncle, aunt, adopted children of parent, or spouse’s

2-3

parents, whether by whole or half blood, adoption or marriage, of a patient;

2-4

     (2) “Health care facility” means any institutional health service provider licensed

2-5

pursuant to the provisions of chapter 17 of title 23;

2-6

     (3) “Health care provider” or “provider” shall have the same meaning as the meaning

2-7

contained in subdivision 23-17.13-2(1);

2-8

     (4) “JCAHO’s standards” means the patient safety and medical/health care error

2-9

reduction standards of the joint commission on accreditation of healthcare organizations effective

2-10

July, 1, 2001; and

2-11

     (5) “Medical/health care errors” means the events and conditions required to be reported

2-12

to a health care facility’s error reporting system under JCAHO’s standards.

2-13

     (b) In any claim or civil action against a health care provider or health care facility, or in

2-14

any arbitration proceeding or other method of alternative dispute resolution that relates to the

2-15

claim or civil action, and in any civil or administrative proceeding against a health care provider

2-16

or health care facility, the following shall be inadmissible as evidence of an admission of liability

2-17

or as evidence of an admission against interest, or in any way to prove negligence or culpable

2-18

conduct:

2-19

     (1) Statements or writings of a health care provider made to a patient, or to the family or

2-20

representative of such patient, regarding the outcome of such patient’s medical care and

2-21

treatment, including reports of medical/health care errors or unanticipated outcomes as required

2-22

by or in accordance with the JCAHO’s standards or similar standards.

2-23

     (2) Statement or writings of a health care provider made to a patient, or to the family or

2-24

representative of such patient, expressing or conveying sympathy, apology, responsibility,

2-25

commiseration, condolence, compassion, regret, grief, mistake, error or a general sense of

2-26

benevolence (including the word “sorry”) relating to the pain, suffering or death of such patient in

2-27

connection with or relating to the patient’s condition or the outcome of such patient’s medical

2-28

care and treatment.

2-29

     (3) Any offers made by a health care provider to a patient, or to the family or

2-30

representative of such patient, to undertake corrective actions to assist the patient in connection

2-31

with or relating to the patient’s condition or the outcome of such patient’s medical care and

2-32

treatment.

3-34

     SECTION 3. This act shall take effect upon passage.

=======

LC00672

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - EVIDENCE

***

4-1

     This act would provide that expressions of sympathy, statements by a health care

4-2

provider to a patient or to the patient’s family regarding the outcome of such patient’s medical

4-3

care and treatment, including reports of medical/health care errors or unanticipated outcomes as

4-4

required be in accordance with JCAHO’s standards, and any offers by a health care provider to

4-5

undertake corrective action to assist the patient shall be inadmissible as evidence or an admission

4-6

of liability in any claim or action against the provider.

4-7

     This act would take effect upon passage.

=======

LC00672

=======