Proposed legislation in Utah would enact the Utah Medical Candor Act (“Act”). The Act creates a medical candor process where a health care provider may investigate an injury, or suspected injury, associated with a health care process and may communicate information about the investigation to the patient and any representative of the patient; addresses written notice of the medical candor process; addresses an offer of compensation made as part of the medical candor process; and addresses confidentiality, disclosure, and effect of communications, materials, or information that is created for or during the medical candor process.
The Act states, in part:
In accordance with this part, a health care provider may engage an affected party in a process where the health care provider and any other health care provider notified in Subsection 78B-3-452(1)(b) that chooses to participate in the process:
(1) conducts an investigation into an adverse event involving a patient and the health care provided to the patient;
(2) communicates information to the affected party regarding information gathered during an investigation described in Subsection (1);
(3) communicates to the affected party the steps that the health care provider will take to prevent future occurrences of the adverse event; and
(4) determines whether to make an offer of compensation to the affected party for the adverse event.
(1) All communications, materials, and information in any form specifically created for or during a medical candor process, including the findings or conclusions of the investigation and any offer of compensation, are confidential and privileged in any administrative, judicial, or arbitration proceeding.
(2) Any communication, material, or information in any form that is made or provided in the ordinary course of business, including a medical record or a business record, that is otherwise discoverable or admissible and is not specifically created for or during a medical candor process is not privileged by the use or disclosure of the communication, material, or information during the medical candor process.
(3) A communication or offer of compensation made in preparation for or during the medical candor process does not constitute an admission of liability.
(4) Nothing in this part alters or limits the confidential, privileged, or protected nature of communications, information, memoranda, work product, documents, and other materials under other provisions of law.
(5) (a) Notwithstanding Section 77-23a-4, a party to a medical candor process may not record any communication without the mutual consent of all parties to the medical candor process.
(b) A recording made without mutual consent of all parties to the medical candor process may not be used for any purpose.
(6) (a) Notwithstanding any other provision of law, any communication, material, or information created for or during a medical candor process:
(i) is not subject to reporting requirements by a health care provider; and
(ii) does not create a reporting requirement for a health care provider.
(b) If there are reporting requirements independent of, and supported by, information or evidence other than any communication, material, or information created for or during a medical candor process, the reporting shall proceed as if there were no communication, material, or information created for or during the medical candor process.
(c) This Subsection (6) does not release an individual or a health care provider from complying with a reporting requirement.
(7) (a) A health care provider that participates in the medical candor process may provide deidentified information or data about an adverse incident to an agency, company, or organization for the purpose of research, education, patient safety, quality of care, or performance improvement.
(b) Disclosure of deidentified information or data under Subsection (7)(a):
(i) does not constitute a waiver of a privilege or protection of any communication, material, or information created for or during a medical candor process as provided in this section or any other provision of law; and
(ii) is not a violation of the confidentiality requirements of this section.
If you or a loved one may have been injured as a result of medical malpractice in Utah or in another U.S. state, you should promptly find a Utah medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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