First Substitute H.B. 408

Representative Bradley G. Last proposes the following substitute bill:

1 HOSPITAL CLAIMS MANAGEMENT
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bradley G. Last
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill amends the Health Code to authorize a demonstration project administered by
10 the department.
11 Highlighted Provisions:
12 This bill:
13 . authorizes the Department of Health to establish a demonstration project to
14 facilitate:
15 . open and honest dialogue between a health care provider and a patient or the
16 patient's representative regarding unexpected medical outcomes; and
17 . timely and cost effective resolution of unexpected medical outcomes; and
18 . gives the department rulemaking authority to implement the demonstration project.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 26-1-30.5, as last amended by Laws of Utah 2001, Chapter 53

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 26-1-30.5 is amended to read:
29 26-1-30.5. Duty to establish pilot program for monitoring quality in health care.
30 (1) [The] (a) Beginning July 1, 2010, the department shall develop a [two year]
31 voluntary demonstration project to promote and monitor [quality health care] early intervention
32 and resolution of unanticipated outcomes from medical care received by a patient.
33 (b) Implementation and execution of the demonstration project is contingent upon
34 [appropriations from the Legislature.] the amendment of a rule of evidence to protect the
35 statements, affirmations, gestures, or conduct described in Section 78B-3-422 .
36 (c) The department shall adopt administrative rules in accordance with Title 63G,
37 Chapter 3, Utah Administrative Rulemaking Act, which establish:
38 (i) the principles upon which the demonstration project shall be based; and
39 (ii) the method for implementation and evaluation of an open and honest dialogue
40 between a health care provider and a patient, or the patient's representative, after an
41 unanticipated event resulting from medical care provided to the patient.
42 (2) The demonstration project shall include at least the following:
43 (a) a collaborative, public-private effort to [promote clinical quality and cost
44 effectiveness in health care through community wide continuous quality improvement
45 methods; and]:
46 (i) avoid expensive and acrimonious litigation as a result of an unanticipated medical
47 outcome; and
48 (ii) replace litigation with open and honest dialogue about issues raised in the course of
49 a patient's medical care which resulted in the unanticipated outcome;
50 (b) a process for evaluating the effectiveness of [health care continuous quality
51 improvement efforts in the state.] the demonstration project in:
52 (i) preventing litigation of medical malpractice claims; and
53 (ii) providing appropriate and timely resolution of medical malpractice claims.
54 (c) a report to the Legislature's Judiciary, Law Enforcement, and Criminal Justice
55 Interim Committee no later than November 30, 2012, which shall include the results of the
56 demonstration project.