78B-3-453. Nonparticipating health care providers — Offer of compensation — Payment.
| (1) |
If any communications, materials, or information in any form during a medical candor process involve a health care provider that was notified under Subsection 78B-3-452(1)(b) but the health care provider is not participating in the medical candor process, a participating health care provider:
Terms Used In Utah Code 78B-3-453- Minor: means any person under 18 years old. See Utah Code 78B-3-1001
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
| (a) |
may provide only materials or information from the medical record to the affected party regarding any health care provided by the nonparticipating health care provider; |
| (b) |
may not characterize, describe, or evaluate health care provided or not provided by the nonparticipating health care provider; |
| (c) |
may not attribute fault, blame, or responsibility for the adverse event to the nonparticipating health care provider; and |
| (d) |
shall inform the affected party of the limitations and requirements described in Subsections (1)(a), (b), and (c) on any communications, materials, or information made or provided by the participating health care provider in regard to a nonparticipating health care provider. |
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| (2) |
| (a) |
If a health care provider determines that no offer of compensation is warranted during a medical candor process, the health care provider may orally communicate that decision to the affected party. |
| (b) |
If a health care provider determines that an offer of compensation is warranted during a medical candor process, the health care provider shall provide the affected party with a written offer of compensation. |
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| (3) |
If a health care provider makes an offer of compensation to an affected party during a medical candor process and the affected party is not represented by legal counsel, the health care provider shall:
| (a) |
advise the affected party of the affected party’s right to seek legal counsel, at the affected party’s expense, regarding the offer of compensation; and |
| (b) |
notify the affected party that the affected party may be legally required to repay medical and other expenses that were paid by a third party, including private health insurance, Medicare, or Medicaid. |
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| (4) |
| (a) |
All parties to an offer of compensation shall negotiate the form of the relevant documents. |
| (b) |
As a condition of an offer of compensation under this section, a health care provider may require an affected party to:
| (i) |
execute any document that is necessary to carry out an agreement between the parties regarding the offer of compensation; and |
| (ii) |
if court approval is required for compensation to a minor, obtain court approval for the offer of compensation. |
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| (5) |
If an affected party did not present a written claim or demand for payment before the affected party accepts and receives an offer of compensation as part of a medical candor process, the payment of compensation to the affected party is not a payment resulting from:
| (a) |
a written claim or demand for payment; or |
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Enacted by Chapter 366, 2022 General Session
