CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 99
       
       
       
       
       
       
                                Ì3112966Î311296                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/16/2018           .                                
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       The Committee on General Provisions (Gainey) recommended the
       following:
       
    1         CRC Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5                              ARTICLE X                            
    6                            MISCELLANEOUS                          
    7         SECTION 25. Patients’ right to know about adverse medical
    8  incidents.—
    9         (a) In addition to any other similar rights provided herein
   10  or by general law, patients have a right to have access to any
   11  records made or received in the course of business by a health
   12  care facility or provider relating to any adverse medical
   13  incident.
   14         (b) In providing such access, the identity of patients
   15  involved in the incidents shall not be disclosed, and any
   16  privacy restrictions imposed by federal law shall be maintained.
   17         (c) For purposes of this section, the following terms have
   18  the following meanings:
   19         (1) The phrases “health care facility” and “health care
   20  provider” have the meaning given in general law related to a
   21  patient’s rights and responsibilities.
   22         (2) The term “patient” means an individual who has sought,
   23  is seeking, is undergoing, or has undergone care or treatment in
   24  a health care facility or by a health care provider.
   25         (3) The phrase “adverse medical incident” means medical
   26  negligence, intentional misconduct, and any other act, neglect,
   27  or default of a health care facility or health care provider
   28  that caused or could have caused injury to or death of a
   29  patient, including, but not limited to, those incidents that are
   30  required by state or federal law to be reported to any
   31  governmental agency or body, and incidents that are reported to
   32  or reviewed by any health care facility peer review, risk
   33  management, quality assurance, credentials, or similar
   34  committee, or any representative of any such committees.
   35         (4) The phrase “have access to any records” means, in
   36  addition to any other procedure for producing such records
   37  provided by general law, making the records available for
   38  inspection and copying upon formal or informal request by the
   39  patient or a representative of the patient, provided that
   40  current records which have been made publicly available by
   41  publication or on the Internet may be “provided” by reference to
   42  the location at which the records are publicly available.
   43         (d) This section does not abrogate the attorney-client
   44  privilege or work-product doctrine available under law.
   45         (e) A health care facility or health care provider that
   46  violates the requirements of this section shall be subject to
   47  discipline as provided by law.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete everything before the enacting clause
   52  and insert:
   53                         A proposal to amend                       
   54         Section 25 of Article X of the State Constitution to
   55  specify that the patients’ right to know about adverse medical
   56  incidents does not abrogate attorney-client privilege or work
   57  product doctrine available under law and provide that healthcare
   58  facilities and providers that violate this section are subject
   59  to discipline as provided by law.
   60