Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/30/2020  

Practice of medicine and other healing arts; provision of litigation assistance.

Requires practitioners of medicine and other healing arts to provide litigation assistance to treated patients and their attorneys. Such litigation assistance includes providing a legal consult fee schedule upon request, scheduling and participating in meetings with a treated patient's attorney upon request, participating in trial or de bene esse depositions as needed, and providing a written estimate of the cost of the patient's medical services related to the litigation. The bill prohibits providers from refusing services to a patient who is insured or otherwise has the ability to pay for provided services on the ground that such person was involved in an incident that is the subject of litigation or could result in litigation.

Date Version PDF TXT
01/30/2020 Senate: Committee substitute printed to LIS only 20105716D-S1 Open
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20101354D Open

            

2020 SESSION

    20105716D
    SENATE BILL NO. 663
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the Senate Committee on Education and Health
    on January 30, 2020)
    (Patron Prior to Substitute--Senator Surovell)
    A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.5, relating to the practice of medicine and other healing arts; provision of litigation assistance .

    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding in Article 1 of Chapter 29 of Title 54.1 a section numbered 54.1-2910.5 as follows:

    54.1-2910.5. Litigation assistance.

    A. Providers licensed pursuant to this chapter shall:

    1. Upon request of a patient, or an attorney representing a patient, with whom the provider has a previously established provider-patient relationship, provide a fee schedule for attorney interactions, within five business days of the written or electronic request. Such fee schedule shall be for the time spent communicating with an attorney representing a patient or providing testimony under oath as a witness. Further, such fee schedule shall include an hourly fee to be billed in increments of no greater than one quarter of an hour, a half-day fee, and a full-day fee.

    2. Upon the request of an attorney representing a patient with whom the provider has a previously established provider-patient relationship, schedule and participate in either an in-person meeting or telephone call regarding treatment and health care services provided to the patient. Such meeting or telephone call shall be scheduled within 14 business days of the request, provided that the provider has received (i) payment for the full amount of time requested and (ii) an electronic or written certification under oath from the attorney representing the patient that the attorney is not investigating or pursuing any professional liability claims against the provider related to the patient.

    3. Upon the request of an attorney representing a patient with whom the provider has a previously established provider-patient relationship, schedule and participate in a de bene esse deposition or a trial upon 60 business days prior written or electronic notice from an attorney representing a patient, provided that payment in full is received for the time requested, within 30 business days in advance.

    4. Upon the request of an attorney representing a patient with whom the provider has a previously established provider-patient relationship, provide a written or electronic estimate of the providers charge for any future health care services the provider has recommended to the patient.

    B. No provider shall be deemed in violation of subsection A in the event an emergency, illness, or act of God occurs and prevents compliance. Nothing in this section shall prohibit a provider from consulting or being represented by counsel in an in-person meeting, telephone call, deposition, or trial.

    C. No provider shall refuse to enter a provider-patient relationship or to continue such relationship on the sole basis that the patient is involved in litigation against another person or may be involved in litigation against another person.

    Picture Name From Date Type
    Scott A. Surovell D-Richmond Sponsor
    Date Branch Action
    01/30/2020 Senate Senate: Committee substitute printed to LIS only 20105716D-S1
    01/30/2020 Senate Senate: Passed by indefinitely in Education and Health with letter (13-Y 2-N)
    01/16/2020 Senate Senate: Assigned Education sub: Health Professions
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20101354D
    01/07/2020 Senate Senate: Referred to Committee on Education and Health
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki
    Date Bill Major Title
    Committee Name
    Subject Type