Bill Text: IA SF426 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to privileged communications between a health care provider or health facility and a patient following an adverse health care incident. (Formerly SSB 1176.) Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-04-14 - Signed by Governor. S.J. 865. [SF426 Detail]
Download: Iowa-2015-SF426-Enrolled.html
Senate File 426 - Enrolled
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB
1176)
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A BILL FOR
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Senate File 426
AN ACT
RELATING TO PRIVILEGED COMMUNICATIONS BETWEEN A HEALTH CARE
PROVIDER OR HEALTH FACILITY AND A PATIENT FOLLOWING AN
ADVERSE HEALTH CARE INCIDENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 135P.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. "Adverse health care incident" means an objective and
definable outcome arising from or related to patient care that
results in the death or serious physical injury of a patient.
2. "Health care provider" means a physician licensed under
chapter 148, a physician assistant licensed under chapter
148C, a podiatrist licensed under chapter 149, or an advanced
registered nurse practitioner licensed pursuant to chapter 152
or 152E.
3. "Health facility" means an institutional health facility
as defined in section 135.61, hospice licensed under chapter
135J, home health agency as defined in section 144D.1,
assisted living program certified under chapter 231C, clinic,
or community health center, and includes any corporation,
professional corporation, partnership, limited liability
company, limited liability partnership, or other entity
comprised of such health facilities.
4. "Open discussion" means all communications that are
made under section 135P.3, and includes all memoranda, work
products, documents, and other materials that are prepared
for or submitted in the course of or in connection with
communications under section 135P.3.
5. "Patient" means a person who receives medical care from a
health care provider, or if the person is a minor, deceased, or
incapacitated, the person's legal representative.
Sec. 2. NEW SECTION. 135P.2 Confidentiality of open
discussions.
1. Open discussion communications and offers of
compensation made under section 135P.3:
a. Do not constitute an admission of liability.
b. Are privileged, confidential, and shall not be disclosed.
c. Are not admissible as evidence in any subsequent
judicial, administrative, or arbitration proceeding and are
not subject to discovery, subpoena, or other means of legal
compulsion for release and shall not be disclosed by any party
in any subsequent judicial, administrative, or arbitration
proceeding.
2. Communications, memoranda, work products, documents, and
other materials, otherwise subject to discovery, that were not
prepared specifically for use in a discussion under section
135P.3, are not confidential.
3. The limitation on disclosure imposed by this section
includes disclosure during any discovery conducted as part of
a subsequent adjudicatory proceeding, and a court or other
adjudicatory body shall not compel any person who engages in
an open discussion under this chapter to disclose confidential
communications or agreements made under section 135P.3.
4. This section does not affect any other law, regulation,
or requirement with respect to confidentiality.
Sec. 3. NEW SECTION. 135P.3 Engaging in an open discussion.
1. If an adverse health care incident occurs in a health
facility, the health care provider, or the health care provider
jointly with the health facility, may provide the patient with
written notice of the desire of the health care provider, or
of the health care provider jointly with the health facility,
to enter into an open discussion under this chapter. If the
health care provider or health facility provides such notice,
such notice must be sent within one hundred eighty days after
the date on which the health care provider knew, or through the
use of diligence should have known, of the adverse health care
incident. The notice must include all of the following:
a. Notice of the desire of the health care provider, or of
the health care provider jointly with the health facility, to
proceed with an open discussion under this chapter.
b. Notice of the patient's right to receive a copy of the
medical records related to the adverse health care incident
and of the patient's right to authorize the release of the
patient's medical records related to the adverse health care
incident to any third party.
c. Notice of the patient's right to seek legal counsel.
d. A copy of section 614.1, subsection 9, and notice that
the time for a patient to bring a lawsuit is limited under
section 614.1, subsection 9, and will not be extended by
engaging in an open discussion under this chapter unless all
parties agree to an extension in writing.
e. Notice that if the patient chooses to engage in an open
discussion with the health care provider or health facility,
that all communications made in the course of such a discussion
under this chapter, including communications regarding
the initiation of an open discussion, are privileged and
confidential, are not subject to discovery, subpoena, or other
means of legal compulsion for release, and are not admissible
in evidence in a judicial, administrative, or arbitration
proceeding.
2. If the patient agrees in writing to engage in an open
discussion, the patient, health care provider, or health
facility engaged in an open discussion under this chapter may
include other persons in the open discussion. All additional
parties shall also be advised in writing prior to the
discussion that discussions are privileged and confidential,
are not subject to discovery, subpoena, or other means of legal
compulsion for release, and are not admissible in evidence in
a judicial, administrative, or arbitration proceeding. The
advice in writing must indicate that communications, memoranda,
work products, documents, and other materials, otherwise
subject to discovery, that were not prepared specifically for
use in a discussion under this section, are not confidential.
3. The health care provider or health facility that agrees
to engage in an open discussion may do all of the following:
a. Investigate how the adverse health care incident occurred
and gather information regarding the medical care or treatment
provided.
b. Disclose the results of the investigation to the patient.
c. Openly communicate to the patient the steps the health
care provider or health facility will take to prevent future
occurrences of the adverse health care incident.
d. Determine either of the following:
(1) That no offer of compensation for the adverse health
care incident is warranted and orally communicates that
determination to the patient.
(2) That an offer of compensation for the adverse health
care incident is warranted and extends such an offer in writing
to the patient.
4. If a health care provider or health facility makes an
offer of compensation under subsection 3 and the patient is
not represented by legal counsel, the health care provider or
health facility shall advise the patient of the patient's right
to seek legal counsel regarding the offer of compensation.
5. Except for offers of compensation under subsection 3,
discussions between the health care provider or health facility
and the patient about the compensation offered under subsection
3 shall remain oral.
Sec. 4. NEW SECTION. 135P.4 Payment and resolution.
1. A payment made to a patient pursuant to section 135P.3 is
not a payment resulting from any of the following:
a. A written claim or demand for payment.
b. A claim for purposes of section 272C.9.
c. A claim for purposes of section 505.27.
2. A health care provider or health facility may require
the patient, as a condition of an offer of compensation
under section 135P.3, to execute all documents and obtain
any necessary court approval to resolve an adverse health
care incident. The parties shall negotiate the form of such
documents or obtain court approval as necessary.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 426, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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