§ 26-1-30.5. Duty to establish pilot program for monitoring quality in health care.

(1)

(a) Beginning July 1, 2010, the department shall develop a voluntary demonstration project to promote and monitor early intervention and resolution of unanticipated outcomes from medical care received by a patient.

(b) Implementation and execution of the demonstration project is contingent upon the amendment of a rule of evidence to protect the statements, affirmations, gestures, or conduct described in Section 78B-3-422.

(c) The department shall adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which establish:

(i) the principles upon which the demonstration project shall be based; and

(ii) the method for implementation and evaluation of an open and honest dialogue between a health care provider and a patient, and the patient's representative, after an unanticipated event resulting from medical care provided to the patient.

(2) The demonstration project shall include at least the following:

(a) a collaborative, public-private effort to:

(i) avoid expensive and acrimonious litigation as a result of an unanticipated medical outcome; and

(ii) replace litigation with open and honest dialogue about issues raised in the course of a patient's medical care which resulted in the unanticipated outcome;

(b) a process for evaluating the effectiveness of the demonstration project in:

(i) preventing litigation of medical malpractice claims; and

(ii) providing appropriate and timely resolution of medical malpractice claims;

(c) a report to the Legislature's Judiciary, Law Enforcement, and Criminal Justice Interim Committee no later than November 30, 2012, which shall include the results of the demonstration project.

Amended by Chapter 344, 2010 General Session