Skip to content
S6321Senate2009-2010 SessionSame asA9488

Establishes the "Sorry Works! demonstration program"; appropriation

Sponsor David J. ValeskySD-49Affects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
David J. Valesky

Senator · Senate District 49

No co-sponsors yet.

History

  1. Committee discharged and committed to health
  2. Referred to finance
  3. Referred to finance

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9488Assembly

Establishes the "Sorry Works! demonstration program"; appropriation

In Assembly Committee · Health · Sponsor William Magee

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, the civil practice law and rules and the education law, in relation to establishing the Sorry Works! demonstration program; making an appropriation therefor and providing for the repeal of such provisions upon expiration thereof

Purpose

The purpose of this bill is to, within the public health law, create the Sorry Works! Demonstration Program to determine in cases where an unanticipated outcome has occurred if, when participating hospitals, physicians and other health care providers who are members of the medical staff apologize, and in cases where the standard of patient care was violated, promptly acknowledge the mistake and offer a prompt settlement, they experience a reduction in their total costs for medical malpractice verdicts, settlements, and defense litigation costs.

Summary of provisions

Section 1 of the bill amends the public health law by creating a new title 4 related to the Sorry Works! Demonstration Program. Section 2999-g of title 4 authorizes and directs the Commissioner of Health to conduct a Sorry Works! Demonstration at, a minimum of, two sites located within the geographic confines of the Northern and Central regions as defined in section 7 of Part K of Chapter 63 of the Laws of 2005 ("Commission on Health Care Facilities in the Twenty-First Century"), one of the demonstration sites shall be located in a primarily rural area and one shall be located in a primarily urban area, as defined by the commissioner. Section 2999-h directs the Commissioner to convene a workgroup to offer advice and recommendations relating to aspects of the demonstration program. Section 2999-i authorizes the Commissioner to, with funds made available, make grants to demonstration participants and to apply for grants and accept gifts from public and private sources for the purposes of funding grants. Section 2999-j directs the Commissioner to submit a report on the experience and effectiveness of the program, the value in expanding the program and suggested statutory changes to the program, to the Governor, the Speaker of the Assembly and the Majority Leader of the Senate.

Read the full memo (915 words)

Section 2 of the bill amends the civil practice law and rules by adding a new section 4549 relating to the admissibility of expressions of apology, condolence, and sympathy as well as offers of settlement by participants in the Sorry Works! Demonstration.

Section 3 amends section 6530 of the education law to define as professional misconduct the failure of a participant in the Sorry Works Demonstration Program in cases where a settlement has been reached and further litigation is prohibited, to cooperate and participate in quality assurance, incident reporting and peer review programs, intended to improve the quality of care and patient safety.

Section 4 appropriates $1 million from the general fund for the purposes of grants to effectuate the Sorry Works! Demonstration.

Section 5 is the effective date.

Existing law

Currently, there is no Sorry Works! Demonstration program or similar program in statute in New York. New York State does not have any statutory mention of immunity or qualified immunity in relation to the admissibility of expressions of apology within the civil law practice and rules.

According to the Sorry Works! Coalition, approximately 35 states have some statutory provision relating to apologies under civil law.

Five states have mandatory disclosure laws.

Justification

New York State, currently finds itself in the midst of another medical malpractice liability insurance crisis. In the 2007-2008 policy year, physicians' medical malpractice liability insurance premiums increased by 14%. During the 2008 legislative session, the Legislature and the Governor attempted to negotiate a medical malpractice reform package that would both stabilize the medical malpractice insurance carriers and the premium levels paid by health care providers. Without some reform measures, 2008-2009 physician medical malpractice premium rates were expected to increase between 11% and 28%. Unfortunately, due to the complexity of the problem, the divergence in the needs and philosophical positions of the stakeholders, as well as the cost, no reforms were enacted. Absent the enactment of reform measures, the Legislature did pass a freeze on medical malpractice rates which expires in July 2009.

While immediate steps must be taken to both stabilize the medical malpractice insurance carriers and provider premium levels, in the longer term, the medical malpractice system paradigm must be altered. A successful demonstration of the Sorry Works! Program would be a step in that direction. The ever worsening malpractice crisis wastes scarce economic resources which New York cannot afford in this perilous economy; it hinders access to care in certain medical specialties across the state and to all care in certain geographic regions. Moreover, the litigious environment interferes with the Doctor-Patient Relationship and is a significant obstacle to efforts to improve patient safety.

The adoption of a disclosure/apology/settlement (when appropriate) model subsequent to a successful demonstration, as provided for in this legislation, could help address all these areas and improve the cost, quality and access of our health care system. There would also be a secondary benefit to the civil justice system which would experience a reduced case load.

Legislative history

New Bill.

Fiscal implications

The legislation appropriates $1 million from the State's general fund. The potential exists for longer term savings to the State.

Local fiscal implications

None.

Effective date

This bill is effective immediately however, the demonstration program period begins 180 days after the bill becomes law. This act expires the second year next succeeding the date on which the demonstration begins.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.