State Update
Vital Signs: March 2013
MMS Submits 10 Bills to Mass. Legislature
The MMS has submitted 10 bills to the Massachusetts Legislature for consideration during its 2013-14 session. Two bills in particular seek to clarify important peer review and medical liability provisions in the state's new payment reform law.
- An Act Relative to Medical Peer Review
Sponsor: Representative Michael Costello (D-Newburyport) - HD.1422
This bill would help ensure high standards of care by updating existing peer review statutes and corresponding confidentiality protections. Under current law, only certain peer review programs are afforded confidentiality. This legislation would expand that definition to include accountable care organizations (ACOs) and other entities with legitimate interests in reviewing the quality of care provided to patients of the Commonwealth.
- An Act to Clarify the Reporting of Medical Liability Claims
Sponsor: Representative Steven Walsh
(D-Lynn); Senator James Eldridge (D-Acton) - HD.1306; SD.1002
Chapter 224 established the statutory framework for encouraging the disclosure of unanticipated medical injuries and the subsequent apology and financial compensation if warranted, so-called Disclosure, Apology and Offer programs (DA&O). Current state law requires professional liability insurers and physicians to report all medical malpractice awards if a payment is awarded to a complaining party. This reporting requirement was enacted prior to the adoption of DA&O program language. This legislation would clarify the existing statutes so that payments made under a DA&O program where the unanticipated injury is not the result of substandard care would be exempt from reporting.
For more information on MMS legislative initiatives and priorities, visit www.massmed.org/2013-14-Legislation
- Ronna Wallace
