MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B
By: Representatives Gipson, Boyd, Brown (20th), Byrd, Carpenter, Chism, Mims, Monsour, Pigott, Staples, Taylor
AN ACT TO BE KNOWN AS THE MISSISSIPPI PHYSICIAN SHIELD ACT; TO PROVIDE FOR CERTAIN FINDINGS OF THE LEGISLATURE; TO PROVIDE THAT A PHYSICIAN'S FAILURE TO COMPLY WITH OR A PHYSICIAN'S BREACH OF ANY FEDERAL STATUTE, REGULATION, PROGRAM, GUIDELINE OR OTHER PROVISION SHALL NOT BE ADMISSIBLE, BE USED TO DETERMINE THE STANDARD OF CARE, OR BE THE LEGAL BASIS FOR A PRESUMPTION OF NEGLIGENCE, IN ANY MEDICAL MALPRACTICE OR LIABILITY ACTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be known as and may be cited as the "Mississippi Physician Shield Act."
(2) The Legislature finds and declares that:
(a) As health system reform is implemented at both the federal and state levels, physicians may face additional liability exposure related to federal guidelines in state civil actions.
(b) Those federal guidelines include:
(i) Health care quality measures;
(ii) Payment adjustments for health care-acquired conditions;
(iii) Hospital value-based purchasing;
(iv) Value-based payment modifier under the physician fee schedule;
(v) Hospital readmissions;
(vi) Clinical and community preventive services; and
(vii) Payment adjustments under federal programs, including, but not limited to, the meaningful use of electronic health records, Physician Quality Reporting System, including Maintenance of Certification (MOC) Program, and e-prescribing.
(c) Additional liability exposure could lead to more civil actions against physicians, increased medical liability insurance premiums, and reduced access to health care for patients.
(d) There are efforts at the federal level to prevent these provisions from leading to additional physician liability exposure, but the legislation has not been enacted to date.
(e) States have the constitutional authority to amend their statutes to prevent the use of such provisions in medical liability actions brought under state law and should do so in order to prevent their liability climate from deteriorating for physicians, which would have a negative effect for patients.
(3) A physician's failure to comply with or a physician's breach of any federal statute, regulation, program, guideline or other provision shall not:
(a) Be admissible;
(b) Be used to determine the standard of care; or
(c) Be the legal basis for a presumption of negligence; in any medical malpractice or liability action in this state.
SECTION 2. This act shall take effect and be in force from and after its passage.