Legislature(2013 - 2014)CAPITOL 106
03/14/2014 08:00 AM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB214 | |
| HB134 | |
| HB250 | |
| HCR18 | |
| HCR19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 134 | TELECONFERENCED | |
| += | HB 250 | TELECONFERENCED | |
| *+ | HCR 18 | TELECONFERENCED | |
| *+ | HCR 19 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 214 | TELECONFERENCED | |
HB 250-MEDICAL MALPRACTICE ACTIONS
8:25:48 AM
CHAIR HIGGINS announced that the next order of business would be
HOUSE BILL NO. 250, "An Act making an expression of apology,
responsibility, liability, sympathy, commiseration, compassion,
or benevolence by a health care provider inadmissible in a
medical malpractice case; requiring a health care provider to
advise a patient or the patient's legal representative to seek
legal advice before making an agreement with the patient to
correct an unanticipated outcome of medical treatment or care;
and amending Rules 402, 407, 408, 409, and 801, Alaska Rules of
Evidence."
[In front of the committee was the proposed committee substitute
(CS) for HB 250, labeled 28-LS0967\O, Wallace, 2/10/14, which
had been adopted as the working draft on February 27, 2014]
8:26:15 AM
ERIKA O'SULLIVAN, Staff, Representative Kurt Olson, Alaska State
Legislature, explained that the proposed changes to the bill
were to clarify any ambiguity, and not to change the intent of
the bill or to favor any one group. She directed attention to
page 2, lines 20 and 22, and stated that "fault" would be
deleted in both lines. She stated that there was a precedent
for the language in this subsection (b) in 20 other states, and
she explained that the word "fault" did not necessarily mean
negligence or implied liability. She said that the word was
"oftentimes the right thing to do in the circumstances." She
reported that the change had been made to separate a reasonable
expression of sympathy during an explanation of occurrence from
an admission of negligence. She pointed to the change on page
3, line 7, which deleted "to" and inserted "in writing that the
patient or the patient's legal representative may." She
explained that this addition would remedy any problem of proof,
as everyone would be informed of their rights, and it would
ensure that the provision advised the patient of their legal
rights, as opposed to directing them to seek legal counsel. She
emphasized that this was for remedial measures, specifically for
offers to correct an unanticipated outcome.
8:29:51 AM
REPRESENTATIVE PRUITT moved to adopt proposed Amendment 1,
labeled 28-LS0967\O.1, Wallace, 3/8/14, which read:
Page 2, line 20:
Delete ", fault,"
Page 2, line 22:
Delete ", fault,"
Page 3, line 7:
Delete "to"
Insert "in writing that the patient or the
patient's legal representative may"
REPRESENTATIVE KELLER objected for discussion.
CHAIR HIGGINS clarified that discussion would be for proposed
Amendment 1, which Ms. O'Sullivan had just presented.
REPRESENTATIVE NAGEAK asked for clarification of the proposed
changes on page 3, line 7.
MS. O'SULLIVAN explained the change on page 3, line 7, which
deleted "to" and inserted "in writing that the patient or the
patient's legal representative may." She explained that this
addition would ensure that the provision was advising the
patient of their legal rights, as opposed to directing them to
seek legal counsel.
REPRESENTATIVE TARR asked to clarify that the sentence would end
with "seek legal advice."
MS. O'SULLIVAN expressed her agreement.
CHAIR HIGGINS reminded the committee that discussion was for the
proposed amendment.
8:33:07 AM
REPRESENTATIVE KELLER removed his objection. There being no
further objection, Amendment 1 was adopted.
8:34:10 AM
REPRESENTATIVE PRUITT asked for an explanation of the changes
from Version A to Version O.
MS. O'SULLIVAN paraphrased from HB250 Version A to Version O
Summary of Changes [Included in members' packets], which read:
On page 1, line 1 of the bill title, the word
'liability' was deleted. Under section 1(a) on page 1,
line 12 'liability' was deleted.
Under section 1(a), page 2, line 14, subsection (5)
was added to read: "evidence of a health care provider
requesting, demanding, inquiring, or directing another
to write-off, offer or promise to pay medical,
hospital, or similar expenses, in whole or in part,
following an unanticipated outcome of medical
treatment or care."
Under section 1, page 2, line 18, subsection (b) was
added to read: "If an expression of apology,
responsibility, sympathy, commiseration, compassion,
or benevolence made under (a)(1) of this section is
made in conjunction with an admission of liability,
fault, or negligence, only the expression of apology,
responsibility, sympathy, commiseration, compassion,
or benevolence is inadmissible, and the admission of
liability, fault, or negligence may be admissible as
evidence."
Under Section 2(1), section AS 09.55.545 on page 3,
line 6, 'liability' was deleted.
Under section 4, page 4, line 4, the CONDITIONAL
EFFECT was amended to include Sec. AS 09.55.545.
REPRESENTATIVE TARR stated that the key words were "expression"
versus "admission." She pointed out that it could require a
court case to call into question whether "responsibility" would
be used in a legal sense for liability.
REPRESENTATIVE KELLER stated that the intent of the proposed
bill was to reduce lawsuits, and he offered his belief that this
would successfully do this.
8:38:43 AM
CHAIR HIGGINS closed public testimony.
8:38:51 AM
REPRESENTATIVE KELLER moved to report CSHB 250, Version 28-
LS0967\O, Wallace, 2/10/14, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 250(HSS) was moved from the House
Health and Social Services Standing Committee.
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