Senate Amendment 5222
PAG LIN
1 1 Amend House File 2716, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 <Section 1. Section 135.40, Code 2005, is amended
1 6 to read as follows:
1 7 135.40 COLLECTION AND DISTRIBUTION OF INFORMATION.
1 8 Any person, hospital, sanatorium, nursing or rest
1 9 home or other organization may provide information,
1 10 interviews, reports, statements, memoranda, or other
1 11 data relating to the condition and treatment of any
1 12 person to the department, the Iowa medical society or
1 13 any of its allied medical societies, or the Iowa
1 14 osteopathic medical association, or any in=hospital
1 15 staff committee, or the Iowa healthcare collaborative,
1 16 to be used in the course of any study for the purpose
1 17 of reducing morbidity or mortality, and no liability
1 18 of any kind or character for damages or other relief
1 19 shall arise or be enforced against any person or
1 20 organization that has acted reasonably and in good
1 21 faith, by reason of having provided such information
1 22 or material, or by reason of having released or
1 23 published the findings and conclusions of such groups
1 24 to advance medical research and medical education, or
1 25 by reason of having released or published generally a
1 26 summary of such studies.
1 27 For the purposes of this section, and section
1 28 135.41, the "Iowa healthcare collaborative" means an
1 29 organization which is exempt from federal income
1 30 taxation under section 501(c)(3) of the Internal
1 31 Revenue Code and which is established to provide
1 32 direction to promote quality, safety, and value
1 33 improvement collaborative efforts by hospitals and
1 34 physicians.
1 35 Sec. 2. Section 135.41, Code 2005, is amended to
1 36 read as follows:
1 37 135.41 PUBLICATION.
1 38 The department, the Iowa medical society or any of
1 39 its allied medical societies, or the Iowa osteopathic
1 40 medical association, or any in=hospital staff
1 41 committee, or the Iowa healthcare collaborative shall
1 42 use or publish said material only for the purpose of
1 43 advancing medical research or medical education in the
1 44 interest of reducing morbidity or mortality, except
1 45 that a summary of such studies may be released by any
1 46 such group for general publication. In all events the
1 47 identity of any person whose condition or treatment
1 48 has been studied shall be confidential and shall not
1 49 be revealed under any circumstances. A violation of
1 50 this section shall constitute a simple misdemeanor.>
2 1 #2. Page 1, line 11, by striking the word <any>
2 2 and inserting the following: <that>.
2 3 #3. Page 1, by striking lines 19 and 20 and
2 4 inserting the following: <inadmissible as evidence.
2 5 Any response by the plaintiff, relative of the
2 6 plaintiff, or decision maker for the plaintiff to such
2 7 statement, affirmation, gesture, or conduct is
2 8 similarly inadmissible as evidence.
2 9 Sec. . NEW SECTION. 505.27 MEDICAL
2 10 MALPRACTICE INSURANCE == REPORTS REQUIRED.
2 11 1. An insurer providing medical malpractice
2 12 insurance coverage to Iowa health care providers shall
2 13 file annually on or before June 1 with the
2 14 commissioner a report of all medical malpractice
2 15 insurance claims, both open claims and closed claims
2 16 filed during the reporting period, against any such
2 17 Iowa insureds during the preceding calendar year.
2 18 2. The report shall be in writing and contain all
2 19 of the following information aggregated by specialty
2 20 area and paid loss and paid expense categories
2 21 established by the commissioner:
2 22 a. The total number of claims in the reporting
2 23 period and the nature and substance of such claims.
2 24 b. The total amounts paid within six months after
2 25 final disposition of the claims.
2 26 c. The total amount reserved for the payment of
2 27 claims incurred and reported but not disposed.
2 28 d. The expenses, as set forth by rule, related to
2 29 the claims.
2 30 e. Any other additional information as required by
2 31 the commissioner by rule.
2 32 3. The commissioner shall compile annually the
2 33 data included in reports filed by insurers pursuant to
2 34 this section into an aggregate form by insurer, except
2 35 that such data shall not include information that
2 36 directly or indirectly identifies any individual,
2 37 including a patient, an insured, or a health care
2 38 provider. The commissioner shall submit a written
2 39 report summarizing such data along with any
2 40 recommendations to the general assembly and the
2 41 governor by December 1, 2007, with subsequent reports
2 42 submitted to the general assembly and the governor
2 43 annually thereafter.
2 44 4. A report prepared pursuant to subsection 1 or 3
2 45 shall be open to the public and shall be made
2 46 available to a requesting party by the commissioner at
2 47 no charge, except that any identifying information of
2 48 any individual, including a patient, an insured, or
2 49 health care provider, shall remain confidential.
2 50 5. For purposes of this section, "health care
3 1 provider" means the same as defined in section 135.61,
3 2 a hospital licensed pursuant to chapter 135B, or a
3 3 health care facility licensed pursuant to chapter
3 4 135C, and "insurer" means an insurance company
3 5 authorized to transact insurance business in this
3 6 state. "Insurer" does not include a health care
3 7 provider who maintains professional liability
3 8 insurance coverage through a self=insurance plan, an
3 9 unauthorized insurance company transacting business
3 10 with an insured person in this state, or a person not
3 11 authorized to transact insurance business in this
3 12 state.>
3 13 #4. Title page, line 2, by inserting after the
3 14 word <evidentiary> the following: <, reporting, and
3 15 study information>.
3 16 #5. By renumbering as necessary.
3 17
3 18
3 19
3 20 BOB BRUNKHORST
3 21
3 22
3 23
3 24 KEITH A. KREIMAN
3 25 HF 2716.306 81
3 26 rh/cf/5797
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