SB 1134 Summary

• Creates the Patient Compensation System as an alternative to medical malpractice litigation, administered by the Department of Health with a 11-member Patient Compensation Board appointed by the Governor, President of the Senate, and Speaker of the House.

• Establishes a "medical injury" standard broader than negligence to cover avoidable injuries that could have been prevented by an experienced specialist or optimal system of care, with compensation determined by an independent medical review panel.

• Makes participation in the Patient Compensation System an exclusive remedy for eligible medical injuries, prohibiting applicants from suing participating providers in court for medical negligence claims related to covered injuries.

• Requires participating providers to pay annual contributions (ranging from $100-$2,500 depending on provider type) to fund system administration, with providers able to opt out by written notice 15 days before the payment deadline.

• Requires completion of a 2-hour course on prevention and communication of medical errors as part of licensure and renewal for health care professionals; takes effect July 1, 2013 for medical incidents occurring after that date.