Assigned to HEA                                                                                                                                    AS ENACTED

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FINAL REVISED

FACT SHEET FOR S.B. 1208

 

malpractice settlement; notice costs; BOMEX

 

Purpose

 

Exempts malpractice insurers from providing copies of certain malpractice action information to the appropriate health profession regulatory board.

 

Background

 

If a medical malpractice action is settled or a court enters a monetary judgment, statute requires the plaintiff’s attorney and the professional liability insurer to notify the defendant’s health profession regulatory board of the medical malpractice action and provide the board with the following information:

 

a.   the name and address of the each defendant and plaintiff.

b.   the date, location and a statement regarding the action that prompted the claim.

c.   a copy of the complaint.

d.   a copy of the settlement terms or the judgment.

e.   a copy of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness (A.R.S. §12-570).

 

            Currently, medical malpractice insurers are also required to file similar medical malpractice action information with the national practitioner database.  However, the malpractice insurers are not required to provide the database with copies of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness.  According to representatives of medical malpractice insurers, malpractice insurers generally do not receive or maintain copies of this information.

 

S.B. 1208 attempts to align the state’s statutory medical malpractice notification requirements with those of the national practitioner database by exempting medical malpractice insurers from providing health professional regulatory boards with copies of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness.

 

            There is no cost to the state general fund relating to the provisions of this bill.

 

Provisions

 

1.      Exempts malpractice insurers from providing health profession regulatory boards with copies of all expert witness depositions, a transcript of all expert witness court testimony or a written evaluation of the case by an expert witness.

2.      Provides for a general effective date.

 

Amendments Adopted by Health Committee

 

1.      Exempts malpractice insurers from providing copies of expert witness depositions.

 

2.      Clarifies the Allopathic Board of Medical Examiners (BOMEX) is only responsible for paying the cost of notices that are filed with BOMEX.

 

3.      Requires the Board of Osteopathic Examiners (Board) to pay for the cost of medical malpractice information.

 

Amendments Adopted by the House of Representatives

 

Eliminates the requirement of BOMEX and the Board to pay for the cost of medical malpractice action information.

 

Amendments Adopted by the Conference Committee

 

Eliminates the delayed effective date.

 

Senate Action                                                               House Action

 

HEA                2/13/01            DPA    7-1-0-0                        HEA                4/2/01              DPA  9-0-0-1

3rd Read           2/28/01                        30-0-0-0          3rd Read           4/24/01                      54-1-5-0

Final Read        5/1/01                          28-0-2-0          Final Read        5/2/01                        48-4-8-0

 

Signed  by the Governor 5/7/01

Chapter 361

 

 

Prepared by Senate Staff

May 15, 2001