05/27/2016

Medical Liability Legislation Introduced in Ohio House

Among other changes, the bill would update and strengthen Ohio’s “I’m Sorry” law

On May 11, Rep. Robert Cupp (R – Lima) introduced House Bill 559, which would make a number of positive changes to Ohio’s medical liability laws. If enacted, the bill would:

• Allow for liability protection for care given during a disaster using the “reckless disregard” standard
• Update Ohio’s “I’m Sorry” law to state that an expression of “error or fault” is inadmissible as evidence
• Grant liability protection for physicians and others who discharge (or fail to discharge) those with mental health conditions if the provider is acting in good faith
• State that insurers’ reimbursement policies are not admissible evidence to establish a medical standard of care
• State that provisions of the Affordable Care Act are not admissible evidence to establish a medical standard of care

The Ohio ACEP Government Affairs team will continue to evaluate the legislation, but we are very pleased to see that, among other positive provisions, the bill would strengthen Ohio's “I’m Sorry” law. Strengthening the “I’m Sorry” law is a major priority for Ohio ACEP and would promote honest and open communication between physicians and patients following an unexpected medical outcome. After an adverse medical event, no health care provider should have to consider their own legal protection before reaching out to patients and family members to discuss the case, express sympathy, or even offer comfort and support.         

Check out future editions of the Advocacy Update for the latest on HB 559’s progress.