2023 -- H 6434

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LC002951

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

EVIDENCE

     Introduced By: Representatives Craven, and Caldwell

     Date Introduced: May 24, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by

adding thereto the following section:

     9-19-45. Statements or conduct expressing apology, regret, condolence by healthcare

provider; admissibility.

     (a) For the purposes of this section, the following words shall have the following meanings:

     (1) "Healthcare facility" means any institutional health service provider licensed pursuant

to the provisions of chapter 17 of title 23.

     (2) "Healthcare provider" or "provider" means a physician, hospital, pharmacy, laboratory,

dentist, or other state licensed or other state recognized provider of health care services or supplies

and whose services are recognized pursuant to 213(d) of the Internal Revenue Code, 26 U.S.C. §

213(d), that has entered into an agreement to provide these services or supplies to a patient enrolled

in a plan with any licensed insurance company, hospital, dental or medical service plan, health

maintenance organization or any contractor that:

     (i) Establishes, operates or maintains a network of participating providers; and/or

     (ii) Contracts with an insurance company, a hospital or medical or dental service plan, an

employer, whether under written or self-insured, and employee organization, or any other entity

providing coverage for health care services to administer a plan; and/or

     (iii) Conducts or arranges for utilization review activities pursuant to chapter 17-12 of this

title.

     (3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild,

brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents,

whether by whole or half blood, adoption or marriage.

     (4) "Representative" means a legal guardian, attorney, healthcare representative or any

person recognized in law or custom as a patient's agent.

     (5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that

differs from an expected result of such medical treatment or procedure.

     (b) In any claim, complaint or civil action brought against a healthcare facility or provider

by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration

proceeding or other method of alternative dispute resolution that relates to the claim, complaint or

civil action, and in any judicial or administrative proceeding against a healthcare facility or

provider, the following shall be inadmissible as evidence of an admission of liability or as evidence

of an admission against interest:

     (1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing

apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general

sense of concern which are made by a healthcare facility, a healthcare provider, or an employee or

agent of a healthcare facility or provider, to the patient, the patient's relative, or a representative of

the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as

a result of the unanticipated outcome.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --

EVIDENCE

***

     This act would provide that statements by a healthcare provider to a patient or to the

patient's relative or representative regarding the unanticipated outcome of such patient's medical

care and treatment, such as an apology or an expression of sympathy, shall be inadmissible as

evidence of an admission of liability or as evidence of an admission against interest in a claim or

action against the provider.

     This act would take effect upon passage.

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