02/28/2017
Rep. Cupp Introduces Ohio ACEP-Backed Liability Reform Bill
Ohio ACEP President offers heartfelt testimony in support of strengthening “I’m Sorry” law
House Bill 7, introduced by Rep. Robert Cupp (R – Lima) on February 1, would make a number of important reforms to liability protections for physicians. Ohio ACEP strongly supports the bill, which is a reintroduction of House Bill 559 from the last General Assembly. If enacted, the legislation 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 provision to strengthen Ohio’s “I’m Sorry” law is a major priority for the Chapter and would promote honest and open communication between physicians and patients. After an adverse medical event, no healthcare 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.
On February 22, in testimony before the House Civil Justice Committee, Chapter President Dr. Michael McCrea recounted a personal story illustrating the need to strengthen Ohio’s “I’m Sorry” law. Rep. Cupp also gave proponent testimony for the legislation. Ohio ACEP will continue to champion the bill, and we look forward to working with Rep. Cupp, the Ohio State Medical Association, and the Ohio Hospital Association to pass HB 7.
Grassroots advocacy will be critical to passing this important bill—we will need your help! Be on the lookout for updates and action alerts to support medical liability reform in Ohio!