House File 2716 - Enrolled

PAG LIN



  1  1                                              HOUSE FILE 2716
  1  2
  1  3                             AN ACT
  1  4 RELATING TO CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH,
  1  5    INCLUDING CERTAIN EVIDENTIARY, REPORTING, AND STUDY
  1  6    INFORMATION REQUIREMENTS.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 135.40, Code 2005, is amended to read
  1 11 as follows:
  1 12    135.40  COLLECTION AND DISTRIBUTION OF INFORMATION.
  1 13    Any person, hospital, sanatorium, nursing or rest home or
  1 14 other organization may provide information, interviews,
  1 15 reports, statements, memoranda, or other data relating to the
  1 16 condition and treatment of any person to the department, the
  1 17 Iowa medical society or any of its allied medical societies,
  1 18 or the Iowa osteopathic medical association, or any in=
  1 19 hospital staff committee, or the Iowa healthcare
  1 20 collaborative, to be used in the course of any study for the
  1 21 purpose of reducing morbidity or mortality, and no liability
  1 22 of any kind or character for damages or other relief shall
  1 23 arise or be enforced against any person or organization that
  1 24 has acted reasonably and in good faith, by reason of having
  1 25 provided such information or material, or by reason of having
  1 26 released or published the findings and conclusions of such
  1 27 groups to advance medical research and medical education, or
  1 28 by reason of having released or published generally a summary
  1 29 of such studies.
  1 30    For the purposes of this section, and section 135.41, the
  1 31 "Iowa healthcare collaborative" means an organization which is
  1 32 exempt from federal income taxation under section 501(c)(3) of
  1 33 the Internal Revenue Code and which is established to provide
  1 34 direction to promote quality, safety, and value improvement
  1 35 collaborative efforts by hospitals and physicians.
  2  1    Sec. 2.  Section 135.41, Code 2005, is amended to read as
  2  2 follows:
  2  3    135.41  PUBLICATION.
  2  4    The department, the Iowa medical society or any of its
  2  5 allied medical societies, or the Iowa osteopathic medical
  2  6 association, or any in=hospital staff committee, or the Iowa
  2  7 healthcare collaborative shall use or publish said material
  2  8 only for the purpose of advancing medical research or medical
  2  9 education in the interest of reducing morbidity or mortality,
  2 10 except that a summary of such studies may be released by any
  2 11 such group for general publication.  In all events the
  2 12 identity of any person whose condition or treatment has been
  2 13 studied shall be confidential and shall not be revealed under
  2 14 any circumstances.  A violation of this section shall
  2 15 constitute a simple misdemeanor.
  2 16    Sec. 3.  NEW SECTION.  505.27  MEDICAL MALPRACTICE
  2 17 INSURANCE == REPORTS REQUIRED.
  2 18    1.  An insurer providing medical malpractice insurance
  2 19 coverage to Iowa health care providers shall file annually on
  2 20 or before June 1 with the commissioner a report of all medical
  2 21 malpractice insurance claims, both open claims and closed
  2 22 claims filed during the reporting period, against any such
  2 23 Iowa insureds during the preceding calendar year.
  2 24    2.  The report shall be in writing and contain all of the
  2 25 following information aggregated by specialty area and paid
  2 26 loss and paid expense categories established by the
  2 27 commissioner:
  2 28    a.  The total number of claims in the reporting period and
  2 29 the nature and substance of such claims.
  2 30    b.  The total amounts paid within six months after final
  2 31 disposition of the claims.
  2 32    c.  The total amount reserved for the payment of claims
  2 33 incurred and reported but not disposed.
  2 34    d.  The expenses, as set forth by rule, related to the
  2 35 claims.
  3  1    e.  Any other additional information as required by the
  3  2 commissioner by rule.
  3  3    3.  The commissioner shall compile annually the data
  3  4 included in reports filed by insurers pursuant to this section
  3  5 into an aggregate form by insurer, except that such data shall
  3  6 not include information that directly or indirectly identifies
  3  7 any individual, including a patient, an insured, or a health
  3  8 care provider.  The commissioner shall submit a written report
  3  9 summarizing such data along with any recommendations to the
  3 10 general assembly and the governor by December 1, 2007, with
  3 11 subsequent reports submitted to the general assembly and the
  3 12 governor annually thereafter.
  3 13    4.  A report prepared pursuant to subsection 1 or 3 shall
  3 14 be open to the public and shall be made available to a
  3 15 requesting party by the commissioner at no charge, except that
  3 16 any identifying information of any individual, including a
  3 17 patient, an insured, or health care provider, shall remain
  3 18 confidential.
  3 19    5.  For purposes of this section, "health care provider"
  3 20 means the same as defined in section 135.61, a hospital
  3 21 licensed pursuant to chapter 135B, or a health care facility
  3 22 licensed pursuant to chapter 135C, and "insurer" means an
  3 23 insurance company authorized to transact insurance business in
  3 24 this state.  "Insurer" does not include a health care provider
  3 25 who maintains professional liability insurance coverage
  3 26 through a self=insurance plan, an unauthorized insurance
  3 27 company transacting business with an insured person in this
  3 28 state, or a person not authorized to transact insurance
  3 29 business in this state.
  3 30    Sec. 4.  NEW SECTION.  622.31  EVIDENCE OF REGRET OR
  3 31 SORROW.
  3 32    In any civil action for professional negligence, personal
  3 33 injury, or wrongful death or in any arbitration proceeding for
  3 34 professional negligence, personal injury, or wrongful death
  3 35 against a person in a profession represented by the examining
  4  1 boards listed in section 272C.1 and any other licensed
  4  2 profession recognized in this state, a hospital licensed
  4  3 pursuant to chapter 135B, or a health care facility licensed
  4  4 pursuant to chapter 135C, based upon the alleged negligence in
  4  5 the practice of that profession or occupation, that portion of
  4  6 a statement, affirmation, gesture, or conduct expressing
  4  7 sorrow, sympathy, commiseration, condolence, compassion, or a
  4  8 general sense of benevolence that was made by the person to
  4  9 the plaintiff, relative of the plaintiff, or decision maker
  4 10 for the plaintiff that relates to the discomfort, pain,
  4 11 suffering, injury, or death of the plaintiff as a result of an
  4 12 alleged breach of the applicable standard of care is
  4 13 inadmissible as evidence.  Any response by the plaintiff,
  4 14 relative of the plaintiff, or decision maker for the plaintiff
  4 15 to such statement, affirmation, gesture, or conduct is
  4 16 similarly inadmissible as evidence.
  4 17
  4 18
  4 19                                                             
  4 20                               CHRISTOPHER C. RANTS
  4 21                               Speaker of the House
  4 22
  4 23
  4 24                                                             
  4 25                               JEFFREY M. LAMBERTI
  4 26                               President of the Senate
  4 27
  4 28    I hereby certify that this bill originated in the House and
  4 29 is known as House File 2716, Eighty=first General Assembly.
  4 30
  4 31
  4 32                                                             
  4 33                               MARGARET THOMSON
  4 34                               Chief Clerk of the House
  4 35 Approved                , 2006
  5  1
  5  2
  5  3                            
  5  4 THOMAS J. VILSACK
  5  5 Governor