Committee on Health Passes Bill Regulating Physician Reporting January 29, 2020
Written by MSDC staff
Today, the District Committee on Health passed B23-269, the Health Care Reporting Amendment Act of 2019. The passed version of the legislation contains some changes to the original language that is important for District physicians to be aware of.
Original Legislation
MSDC testified before the Committee on Health on the original bill and stated its opposition. The reasons for our opposition is that the desire by DC Health to further regulate physician reporting would potentially harm physician wellbeing in a few key ways:
-
The legislation would require a health professional to report to the Board if he/she/they had "a mental or physical impairment that results in the health professional being unable to perform his or her occupation in a safe and effective manner"
-
A health professional or employer would be fined $10,000 for failing to report a reportable incident
-
A health professional or employer would have 10 days to report an incident such as an adverse lawsuit, termination of employment, or malpractice suit confidential settlement.
MSDC's main concern was the ambiguity in this language would disadvantage physicians from seeking assistance for burnout or addiction, especially with the onerous fine and short reporting timeline. MSDC thanks the DC Hospital Association and DC Primary Care Association for standing with us on this issue
Amended language
Today, the Committee on Health passed amended language to B23-269 that addressed some of those concerns. Changes included:
-
Reporting requirements would not apply to a physician that loses or suspends privileges due to addiction who "enters and successfully completes a prescribed program of education or rehabilitation". Rather, the reporting requirement comes into play when the physician falls out of the program or shows no ability to complete the program.
-
The fines for failing to report to DC Health is tiered based on previous failures to report
-
The 10 day reporting requirement becomes a 10 business day reporting requirement.
MSDC welcomes comments from its members on the legislation and will update all physicians as the legislation advances. Any member who wants to become more involved in advocacy efforts should contact Robert Hay Jr. at hay@msdc.org or 202-466-1800.