Today's Law As Amended


PDF |Add To My Favorites | print page

AB-725 Health care management: health court demonstration program.(2013-2014)



As Amends the Law Today


SECTION 1.

 Chapter 8 (commencing with Section 127670) is added to Part 2 of Division 107 of the Health and Safety Code, to read:

CHAPTER  8. Health Court Demonstration Program
127670.
 The Secretary of California Health and Human Services shall submit an application on behalf of the state to the United States Department of Health and Human Services to receive a grant for the State Demonstration Programs to Evaluate Alternatives to Current Medical Tort Litigation, as authorized by Section 10607 of the federal Patient Protection and Affordable Care Act (PPACA).
127672.
 (a) The secretary shall write the application described in Section 127670 to design a program to create health courts based upon a no-fault process to improve the resolution of liability for medical injury.
(b) In accordance with PPACA, the application shall demonstrate how the proposed alternative does all of the following:
(1) Makes the medical liability system more reliable by increasing the availability of prompt and fair resolution of disputes.
(2) Encourages the efficient resolution of disputes.
(3) Encourages the disclosure of health care errors.
(4) Enhances patient safety by detecting, analyzing, and helping to reduce medical errors and adverse events.
(5) Improves access to liability insurance.
(6) Fully informs patients about the differences in the alternative and current tort litigation.
(7) Provides patients the ability to opt out of or voluntarily withdraw from participating in the alternative at any time and to pursue other options, including litigation, outside the alternative.
(8) Does not conflict with state law at the time of the application in a way that prohibits the adoption of the alternative to current tort litigation.
(9) Does not limit or curtail a patient’s existing legal rights, ability to file a claim in or access the legal system, or otherwise abrogate a patient’s ability to file a medical malpractice claim.
(10) Does not conflict with the Medical Injury Compensation Reform Act (MICRA), including, but not limited to, Section 6146 of the Business and Professions Code, Sections 3333.1 and 3333.2 of the Civil Code, and Section 667.7 of the Code of Civil Procedure.
(11) Does not require any party to participate in the program.
127674.
 (a) Under the health court demonstration program, a patient shall be required to prove only the following:
(1) He or she suffered an injury.
(2) The injury was caused by medical care.
(3) The injury meets specified severity criteria.
(b) A patient shall not be required to show a third party acted in a negligent fashion.