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First Substitute H.B. 408
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
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:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 26-1-30.5, as last amended by Laws of Utah 2001, Chapter 53
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) [
31 voluntary demonstration project to promote and monitor [
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
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 [
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 [
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.
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