SB 897

This bill creates a right and obligation for a health care provider to provide

medically accurate information to patients to whom the health care provider

provides medical care. The bill also creates a right for a patient to receive medically

accurate information from a health care provider. The bill prohibits any person,

including the state or any subdivision of the state, from interfering with or otherwise

diminishing the rights described under the bill related to medically accurate

information and from requiring in a procedure or treatment form information that

is not medically accurate. The bill further prohibits employment retribution based

upon a health care provider's exercise of the rights and obligations relating to the

provision of medically accurate information.

Under the bill, a patient or health care provider may file a civil action for a

violation related to the patient's right to accurate medical information. The bill

allows the person to seek, in addition to injunctive relief and punitive damages,

compensatory damages that reflect his or her actual damages or statutory damages

of $5,000 per violation.

A statutory damages option of $20,000 per violation is available to a health care

provider who files a civil action after experiencing employment retribution for his or

her provision of medical care, after being prevented from providing medically

accurate information to a patient, or after being required to provide medically

inaccurate information to patient.