Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/14/2014 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 366 INVOLUNTARY COMMITMENT; FIREARMS TELECONFERENCED
Moved CSHB 366(JUD) Out of Committee
*+ HB 140 REGULATIONS: NOTICE, REVIEW, COMMENT TELECONFERENCED
Heard & Held
+ HB 127 OMBUDSMAN TELECONFERENCED
Heard & Held
+ HB 250 MEDICAL MALPRACTICE ACTIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
               HB 250-MEDICAL MALPRACTICE ACTIONS                                                                           
                                                                                                                                
2:53:55 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of HB  250. "An  Act                                                               
making  an   expression  of  apology,   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." [This was the  first hearing and                                                               
CSHB 250(HSS)am was before the committee.]                                                                                      
                                                                                                                                
2:54:27 PM                                                                                                                    
ERIKA O'SULLIVAN, Staff, Representative  Kurt Olson, Alaska State                                                               
Legislature, Juneau, Alaska, introduced herself.                                                                                
                                                                                                                                
2:56:11 PM                                                                                                                    
MIKE   HAUGEN,   Executive   Director,   Alaska   State   Medical                                                               
Association, Anchorage,  Alaska, testified in support  of HB 250.                                                               
He  stated  that physicians  feel  that  open communication  with                                                               
their patients  is vital to  ensure the best  possible healthcare                                                               
outcomes. The  fear of being  sued can hinder  open communication                                                               
and HB 250 seeks to  address those concerns by making expressions                                                               
of  sorrow,  sympathy  or  apology   inadmissible  in  a  medical                                                               
malpractice case.  He opined  that it was  appropriate to  draw a                                                               
line  between an  admission  of liability  and  an expression  of                                                               
apology or sympathy.                                                                                                            
                                                                                                                                
MS. O'SULLIVAN  addressed the intent  of HB 250  paraphrasing the                                                               
following from the sponsor statement:                                                                                           
                                                                                                                                
     HB 250, also known as  the "benevolent gesture" or "I'm                                                                    
     Sorry"  bill, would  render expressions  of apology  or                                                                    
     sympathy  by  a  health  care  provider  to  a  patient                                                                    
     related  to  an   unanticipated  outcome  of  treatment                                                                    
     inadmissible  as  evidence  in  a  medical  malpractice                                                                    
     case.                                                                                                                      
                                                                                                                                
     The bill  is intended to  clear up the gray  area which                                                                    
     now   exists  between   apologies  and   admissions  of                                                                    
     neglect.  The goal  of  HB 250  is  to improve  doctor-                                                                    
     patient relationships, especially  in cases ending with                                                                    
     a  less-than-favorable outcome.  It is  not negligence,                                                                    
     but  rather  a  failure in  communication  between  the                                                                    
     provider   and   patient,   that   often   results   in                                                                    
     malpractice lawsuits.                                                                                                      
                                                                                                                                
     HB 250  aims to  improve the climate  of communication,                                                                    
     disclosure  and   analysis.  Similar   legislation  has                                                                    
     already  passed in  over  30  states. This  legislation                                                                    
     will  enable health  care providers  to better  fulfill                                                                    
     their  moral and  ethical responsibilities  to patients                                                                    
     and  their families  through expressions  of compassion                                                                    
     and sympathy  without fear of  retribution in  the form                                                                    
     of a lawsuit.                                                                                                              
                                                                                                                                
CHAIR   COGHILL   noted   that    the   terms   "liability"   and                                                               
"responsibility" were removed.                                                                                                  
                                                                                                                                
2:59:05 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if it  would be admissible if a doctor                                                               
apologized for leaving a sponge  in a patient's stomach during an                                                               
operation.                                                                                                                      
                                                                                                                                
MS. O'SULLIVAN  said not necessarily,  and directed  attention to                                                               
subsection  (b)  on  page  2,  lines  18-22.  The  subsection  is                                                               
intended to  add scrutiny to  a statement of apology  or sympathy                                                               
that's made  in conjunction  with an  admission of  negligence or                                                               
liability. The  apology is inadmissible  but not  necessarily the                                                               
admission of negligence or liability.                                                                                           
                                                                                                                                
SENATOR   WIELECHOWSKI   mused   that  the   apology   would   be                                                               
inadmissible  but  the  admission  of leaving  a  sponge  in  the                                                               
patient's stomach would be admissible.                                                                                          
                                                                                                                                
MS.   O'SULLIVAN  responded   that   it   potentially  would   be                                                               
admissible. Responding  to a further query  about apologizing for                                                               
leaving a sponge behind, she restated  that the intent is that an                                                               
apology is not admissible.                                                                                                      
                                                                                                                                
CHAIR  COGHILL   stated  he  would   hold  HB  250   for  further                                                               
consideration.                                                                                                                  

Document Name Date/Time Subjects
HB 140 Supporting Documents - Regulation Process.pdf SJUD 4/14/2014 1:30:00 PM
HB 140
HB 140 Supporting Documents - Administrative Orders 266.pdf SJUD 4/14/2014 1:30:00 PM
HB 140
HB250-Position Paper-AMA Apology Inadmissibility Laws.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Letter of Support-American Medical Association.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Position Paper-Here & Now Radio Interview.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Position Paper-Journal of Health and Life Sciences.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Letter of Support-Central Peninsula Hospital.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Summary of Changes.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Letter of Support-Alaska State Hospital and Nursing Home Association.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Sponsor Statement.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Letter of Support-Alaska State Medical Association.pdf SJUD 4/14/2014 1:30:00 PM
HB 250
HB250-Sectional Analysis Version P.A.pdf SJUD 4/14/2014 1:30:00 PM
HB 250