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CO SB201

Bill

Status

Passed

5/6/2019

Primary Sponsor

Brittany Pettersen

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Origin

Senate

2019 Regular Session

AI Summary

  • Creates the "Colorado Candor Act" establishing a voluntary process for health care providers and facilities to discuss adverse health care incidents (resulting in patient death or physical injury) with affected patients within 180 days of the incident.

  • Requires providers or facilities initiating open discussions to provide written notice including patient rights to legal counsel, medical records access, statutory limitations on lawsuits, and confidentiality protections for discussion communications.

  • Designates all communications during open discussions as privileged and confidential, not subject to discovery or admissible as evidence in subsequent judicial, administrative, or arbitration proceedings arising from the incident.

  • Allows providers or facilities to investigate incidents, disclose investigation results, and determine whether to offer compensation; if offered to unrepresented patients, compensation offers must include advisories about seeking legal counsel and potential obligations to repay third-party medical expenses.

  • Permits providers and facilities to share de-identified information about incidents with patient-safety nonprofit organizations for research and education purposes without waiving confidentiality privileges.

Legislative Description

Open Discussions About Adverse Health Care Incidents

Last Action

Governor Signed

5/6/2019

Committee Referrals

Judiciary3/29/2019
Judiciary3/19/2019

Full Bill Text

No bill text available