The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6253

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 10, 2011
                               ___________

Introduced  by  M.  of  A. LANCMAN, TITONE, KELLNER, N. RIVERA -- Multi-
  Sponsored by -- M. of A.   ABINANTI, GLICK, MAGEE,  PHEFFER,  RUSSELL,
  TOWNS -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  public  health law, in relation to enacting the
  "medical malpractice savings act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act shall be known and may be cited as the "medical
malpractice savings act".
  S 2. Legislative findings. From 2003 to  2009,  New  York-Presbyterian
Hospital/Weill   Cornell  Medical  Center  implemented  a  comprehensive
obstetric patient safety program in order to reduce medical  errors  and
improve  patient  care.  To evaluate its effect on compensation payments
and sentinel events, data was gathered on  medical  malpractice  compen-
sation  payments and sentinel events retrospectively from 2003, when the
program was initiated, through 2009. Average yearly medical  malpractice
compensation  payments  decreased  from $27,591,610 between 2003-2006 to
$2,550,136 between 2007-2009, while sentinel events decreased from 5  in
2000  to  none  in  2008  and 2009. Clearly, instituting a comprehensive
obstetric patient safety program increases patient safety and  decreases
medical  malpractice compensation payments. The success of the New York-
Presbyterian Hospital/Weill Cornell Medical Center comprehensive obstet-
ric patient safety program should be  replicated  throughout  the  state
under the direction and guidance of the department of health.
  S  3.  The public health law is amended by adding a new section 2803-t
to read as follows:
  S 2803-T. COMPREHENSIVE OBSTETRIC  PATIENT  SAFETY  PROGRAMS.  1.  THE
COMMISSIONER,  DRAWING  ON  THE EXAMPLE OF THE OBSTETRICS SAFETY PROGRAM
IMPLEMENTED BY  NEW  YORK-PRESBYTERIAN  HOSPITAL/WEILL  CORNELL  MEDICAL
CENTER  AS  DESCRIBED IN THE FEBRUARY 2011 ISSUE OF THE AMERICAN JOURNAL
OF OBSTETRICS &  GYNECOLOGY,  SHALL  PROMULGATE  RULES  AND  REGULATIONS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10066-02-1

A. 6253                             2

REQUIRING  ALL  FACILITIES WITH OBSTETRICAL PROGRAMS LICENSED UNDER THIS
ARTICLE TO ESTABLISH AND IMPLEMENT  A  COMPREHENSIVE  OBSTETRICS  SAFETY
PROGRAM TO REDUCE MEDICAL ERRORS AND IMPROVE PATIENT OUTCOMES.
  2.  ALL  COVERED FACILITIES SHALL BE REQUIRED TO REPORT THE RESULTS OF
SUCH PROGRAMS, INCLUDING DEATHS, INJURIES AND MALPRACTICE  PAYMENTS  AND
OTHER  MALPRACTICE  COSTS TO THE COMMISSIONER AND SUCH INFORMATION SHALL
BE MADE AVAILABLE TO THE GOVERNOR AND LEGISLATURE IN AN  ANNUAL  REPORT.
FAILURE  TO  IMPLEMENT A COMPREHENSIVE OBSTETRICAL SAFETY PROGRAM AND/OR
FAILURE TO REPORT THE  SAFETY  AND  MALPRACTICE  EXPERIENCE  OF  SUCH  A
PROGRAM  SHALL BE GROUNDS FOR THE COMMISSIONER TO INVESTIGATE THE STAND-
ARD OF CARE AT SUCH A  HOSPITAL  AND  TAKE  APPROPRIATE  CORRECTIVE  AND
DISCIPLINARY ACTION.
  S  4.  This  act shall take effect immediately provided, however, that
the commissioner of health shall  promulgate  any  necessary  rules  and
regulations within one hundred eighty days after such effective date.