Connecticut Seal

General Assembly

 

Raised Bill No. 6547

January Session, 2011

 

LCO No. 4225

 

*04225_______PH_*

Referred to Committee on Public Health

 

Introduced by:

 

(PH)

 

AN ACT CONCERNING THE RESPONSIBILITIES OF THE DEPARTMENT OF PUBLIC HEALTH UPON RECEIVING NOTICE OF A MALPRACTICE CLAIM OR SETTLEMENT INVOLVING A HEALTH CARE PROVIDER PRESENTLY OR FORMERLY LICENSED BY THE STATE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 19a-17a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):

(a) Upon entry of any medical malpractice award or upon entering a settlement of a malpractice claim against an individual licensed pursuant to chapter 370 to 373, inclusive, 379 or 383, the entity making payment on behalf of a party or, if no such entity exists, the party, shall notify the Department of Public Health of the terms of the award or settlement and shall provide to the department a copy of the award or settlement and the underlying complaint and answer, if any. The department shall review all medical malpractice awards and all settlements to determine whether further investigation or disciplinary action against the providers involved is warranted. Any document received pursuant to this section shall not be considered a petition and shall not be subject to the provisions of section 1-210 unless the department determines, following completion of its review, that further investigation or disciplinary action is warranted.

(b) Upon receipt of notification of the entry of a medical malpractice award or the entering of a settlement of a malpractice claim against a licensed individual pursuant to subsection (a) of this section, section 20-13j or section 38a-395, the department shall determine whether such individual is known or believed to be practicing in any other state or territory of the United States. If the department determines that the individual is known or believed to be practicing in any other state or territory of the United States, the department shall notify the agency of such state or territory responsible for licensing such individual of such award or settlement. The department shall provide notification pursuant to this subsection regardless of whether (1) the department decides to take further investigatory or disciplinary action pursuant to subsection (a) of this section, or (2) the individual currently holds a license in this state.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2011

19a-17a

Statement of Purpose:

To require the Department of Public Health, upon notification of a medical malpractice award or settlement against an individual licensed by the department, to notify the licensing agency of any other state or territory where the individual is known or believed to be practicing of such award or settlement.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]