MISSISSIPPI LEGISLATURE

2002 3rd Extraordinary Session

To: Select Senate Cmte on Civil Justice Syst

By: Senator(s) Turner, Smith

Senate Bill 2006

AN ACT TO DECLARE CONFIDENTIAL SETTLEMENT AGREEMENTS VOID AND UNENFORCEABLE AS VIOLATIVE OF PUBLIC POLICY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  In any contract or agreement purporting to settle any claim or controversy arising from alleged malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services of a provider of health care, a clause pertaining to confidentiality of the settlement terms or nondisclosure of the settlement terms shall be void and unenforceable as contrary to public policy; the remaining terms of any such agreement not attempting to impose a duty of confidentiality or nondisclosure on any party shall be enforceable if not otherwise violative of law.

     SECTION 2.  This act shall take effect and be in force from and after January 1, 2003.