HSB 160

This bill relates to compensation discussions regarding adverse health care incidents. Under Code chapter 135P, a health care provider, a health facility, or a health care provider jointly with a health facility, may engage in an open, confidential discussion with a patient related to an adverse health care incident. The bill provides that if a health care provider or health facility makes an offer of compensation, the health care provider or health facility shall provide the patient with the contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy a judgment. If at the end of the discussion, the patient and health care provider or health facility have reached an agreement for an amount equal to or less than that of the insurance policy limits, then the insurance carrier has days to respond in writing to the agreed-upon demand. _____ subsequent action against the insurance carrier for bad faith. The bill provides that if the discussion contents become discoverable, there shall be a rebuttable presumption of bad faith against the insurance carrier and in favor of the health care provider or health facility. Any subsequent verdict amount against the insurance carrier for bad faith cannot be used to increase the premium charged to the health care provider, health facility, or health care industry as a whole.