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CO SB201
Bill
Status
5/6/2019
Primary Sponsor
Brittany Pettersen
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AI Summary
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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.
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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.
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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.
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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.
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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