HF1181 Summary

• Creates a voluntary open discussion process allowing health care providers, facilities, or patients to discuss outcomes following a health care adverse incident (death or physical injury resulting from patient care).

• Health care providers or facilities must provide written notice within 365 days of becoming aware of an adverse incident, including patient rights to medical records, legal counsel, and information about statute of limitations under section 541.076.

• All communications during open discussions are privileged, confidential, protected from discovery and subpoena, and inadmissible in legal proceedings, except when communications contradict statements made during subsequent litigation.

• Health care providers or facilities may investigate the incident, disclose investigation results, communicate prevention steps, and offer compensation to patients; unrepresented patients must be advised of their right to seek legal counsel and informed of potential obligations to repay third-party medical expenses.

• Compensation payments made through this process are not considered judgments, settlements, or malpractice claims for reporting purposes; the law sunsets June 30, 2031, and applies only to adverse incidents occurring on or after August 1, 2023.