Sub. H.B. 276 Summary

• Statements expressing apology, sympathy, compassion, error, or fault made by health care providers, their employees, or representatives to patients or their families regarding unanticipated medical outcomes are inadmissible as evidence of liability or admission against interest in civil actions and arbitration proceedings.

• Communications made during good faith reviews of unanticipated outcomes conducted within 45 days (extendable with written notice) are inadmissible in civil proceedings unless recorded in the patient's medical record.

• Guidelines, regulations, and standards under the Patient Protection and Affordable Care Act, Medicare (Title XVIII of Social Security Act), and Medicaid (Title XIX of Social Security Act) cannot establish the standard of care in medical claims and are inadmissible as evidence in civil actions or licensing proceedings.

• Insurer reimbursement policies, reimbursement determinations, and regulations issued by Medicare, Medicaid, or the Ohio Department of Medicaid are inadmissible as evidence in medical claim civil actions and cannot be used to establish a standard of care or breach thereof.