The Tennessee General Assembly is considering several bills that directly impact long-term care, post-acute care and healthcare liability. Here is a list of the bills we’re tracking and the last major action on them. Notably, a bill (HB 0546) creating a mandatory administrative medical malpractice liability system that would impact healthcare liability, including hospitals and nursing homes, is slated to be heard in committees in both houses of the General Assembly this week. The Insurance Costs Reduction Act would create a patient compensation board and system. The office of medical review would evaluate and, as necessary, investigate applications and evaluate medical malpractice liability. The bill is linked here. If passed, the office of medical review would determine if there is prima facie evidence in the application that establishes a medical injury as well as an investigation into the application against the provider as well as a determination by an independent panel of a medical injury and compensation. The bill would abrogate and supersede any common law or statutory cause of action in a court of law.
The other bills include prohibiting the use of a survey, inspection, or investigation of a healthcare provider (HB 0714) which would have a favorable impact of providers by limiting the use of survey advertising by Plaintiff’s attorneys; authorizing, rather than requiring, a court to grant a petition for a qualified protective order in healthcare liability actions (HB 0887) which would provide more discretion to the court to allow ex parte communications which orders are mandatory and preferable for the provider; a healthcare provider’s disclosure of protected health or other information relevant to the evaluation of the plaintiff’s claim considered as a permissible disclosure, the “Givens Fix” (HB 1003) which if passed, will allow defense counsel to communicate ex parte with providers including opinions regarding the standard of care which is arguably prohibited currently; and limits on who may be named as defendants in a healthcare liability action (HB 1285), the licensee. The listing of bills, abstracts and last major actions are linked here and attached are summaries.
If you would like more specific information on these bills, please let us know. We also invite conversation on any of the bills. We’ll continue to keep you advised of developments.
Ms. Rebecca Adelman, PLLC, shareholder in the firm’s Memphis, Tennessee office, can be reached at 901-201-4017 or firstname.lastname@example.org.