SENATE BILL GIVES PATIENTS AND FAMILIES ACCESS TO M.D. RECORDS

On-line listings to include disciplinary, malpractice records of N.Y. physicians

Thursday, June 22, 2000

The state Senate tonight will act on a measure to assist patients and their families in making informed choices about their medical care. It also provides information about health care plans and hospital report cards.

The "Patient Health Information and Quality Improvement Act of 2000" (S. 8127), sponsored by Senate Health Committee Chairman Kemp Hannon (R, Garden City) would let patients access physician "profiles" including biographical information and detailed reports on a doctor's disciplinary and malpractice records, and similar records about hospitals and health plans, by searching a state Health Department-run website.

The bill further seeks to enhance patient care and reduce medical mistakes by shutting existing loopholes that have allowed unfit doctors to continue practicing, jeopardizing patient care and safety.

"This bill provides patients and their families with information they need when selecting a doctor for surgery or routine care, and gives them useful data to help compare hospitals and health care plans," said Senator Hannon. "In addition, the bill would tighten existing state rules to prevent sometimes tragic consequences that occur when unfit doctors are allowed to continue to practice."

"Today's health care consumers want and need to know more about their doctor, hospital and health care provider. This bill provides the useful and detailed information they need and want, while also taking steps to help improve health care for all of our citizens," said Senate Majority Leader Joseph L. Bruno (R-C, Brunswick).

PHYSICIAN PROFILING

Specifically, the bill creates detailed, on-line physician "profiles" that patients can use to help in selecting a doctor. The profiles would include:
* biographical information, including practice partners and hospitals which have granted
the doctor practice privileges;
* details of criminal convictions within the past 10 years;
* state disciplinary actions within 10 years;
* malpractice judgments within 10 years;
* malpractice settlements within 10 years, if there are more than two, or, in cases where
there are just one or two and the Health Commissioner agrees that release of the
information is relevant to patient health care decision making;
* health care plans in which the doctor participates, including government funded plans.

The website also would include hospital and health care plan "report cards" providing detailed information about available services and issues related to quality.

PATIENT SAFETY

The bill includes several provisions aimed at enhancing patient care by closing existing loopholes in state law and regulations and identifying other areas for improvement.

"By compiling these physician profiles and hospital and health care report cards, we also have the opportunity to learn from past mistakes that have jeopardized patient safety and in some cases, led to tragic results. This bill closes those loopholes that have led to poor patient care and provides a mechanism to quickly identify and fix others as they occur," said Senator Hannon.

First, the bill requires disciplinary agencies in the Health and Education Departments immediately to alert hospitals and health care plans of any action taken against a doctor, and creates new criminal penalties for insurers who fail to report malpractice payments.

Second, the measure cuts in half -- from 60 days to 30 -- the time period during which hospitals and health care plans must report suspected misconduct by a doctor, and to clearly state the reason for a deficient doctor's dismissal or resignation, to further lessen the chance of additional harm. The "Physician Misconduct Reporting" provisions stem from the "Dr. Zorro" patient carving case, in which the doctor was given new privileges by a hospital that was unaware of disciplinary action taken by another hospital.

Third, the bill makes clear a doctor's responsibility to inform a patient about to undergo anesthesia of every doctor and health care professional who is expected to be involved in their care (The Lisa Smart provision, so-named because it addresses a problem that contributed to the young woman's death). Violation would constitute professional misconduct that could subject a doctor to the loss of his or her medical license or other privileges.

The bill requires the Health Department to consult the Board of Regents before restoring a revoked physician's license, and gives the Board veto power over the restoration.

The bill also creates a state "Patient Safety Center" which would collect information about medical errors, promote safety-related research and make recommendations to reduce medical errors and enhance patient care.

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