Sec. 20-13j. *(See end of section for amended version and effective date.) Physician profiles. Establishment. Public availability.
Sec. 20-13j. *(See end of section for amended version and effective date.) Physician profiles. Establishment. Public availability. (a) For purposes of this section:
"Department" means the Department of Public Health, and "physician" means a physician licensed pursuant to this chapter.
(b) The department, after consultation with the Connecticut Medical Examining
Board and the Connecticut State Medical Society, shall collect the following information
to create an individual profile on each physician for dissemination to the public:
(1) The name of the medical school attended by the physician and the date of graduation;
(2) The site, training, discipline and inclusive dates of the physician's postgraduate
medical education required pursuant to the applicable licensure section of the general
statutes;
(3) The area of the physician's practice specialty;
(4) The address of the physician's primary practice location or primary practice
locations, if more than one;
(5) A list of languages, other than English, spoken at the physician's primary practice locations;
(6) An indication of any disciplinary action taken against the physician by the department, the state board or any professional licensing or disciplinary body in another
jurisdiction;
(7) Any current certifications issued to the physician by a specialty board of the
American Board of Medical Specialties;
(8) The hospitals and nursing homes at which the physician has admitting privileges;
(9) Any appointments of the physician to Connecticut medical school faculties and
an indication as to whether the physician has current responsibility for graduate medical
education;
(10) A listing of the physician's publications in peer reviewed literature;
(11) A listing of the physician's professional services, activities and awards;
(12) Any hospital disciplinary actions against the physician that resulted, within
the past ten years, in the termination or revocation of the physician's hospital privileges
for a medical disciplinary cause or reason, or the resignation from, or nonrenewal of,
medical staff membership or the restriction of privileges at a hospital taken in lieu of
or in settlement of a pending disciplinary case related to medical competence in such
hospital;
(13) A description of any criminal conviction of the physician for a felony within
the last ten years. For the purposes of this subdivision, a physician shall be deemed to
be convicted of a felony if the physician pleaded guilty or was found or adjudged guilty
by a court of competent jurisdiction or has been convicted of a felony by the entry of a
plea of nolo contendere;
(14) To the extent available, and consistent with the provisions of subsection (c)
of this section, all medical malpractice court judgments and all medical malpractice
arbitration awards against the physician in which a payment was awarded to a complaining party during the last ten years, and all settlements of medical malpractice claims
against the physician in which a payment was made to a complaining party within the
last ten years;
(15) An indication as to whether the physician is actively involved in patient
care; and
(16) The name of the physician's professional liability insurance carrier.
(c) Any report of a medical malpractice judgment or award against a physician made
under subdivision (14) of subsection (b) of this section shall comply with the following:
(1) Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement; (2) information concerning paid medical malpractice claims shall be placed in context by comparing an
individual physician's medical malpractice judgments, awards and settlements to the
experience of other physicians licensed in Connecticut who perform procedures and treat
patients with a similar degree of risk; (3) all judgment award and settlement information
reported shall be limited to amounts actually paid by or on behalf of the physician; and (4)
comparisons of malpractice payment data shall be accompanied by (A) an explanation of
the fact that physicians treating certain patients and performing certain procedures are
more likely to be the subject of litigation than others and that the comparison given is
for physicians who perform procedures and treat patients with a similar degree of risk;
(B) a statement that the report reflects data for the last ten years and the recipient should
take into account the number of years the physician has been in practice when considering the data; (C) an explanation that an incident giving rise to a malpractice claim may
have occurred years before any payment was made due to the time lawsuits take to move
through the legal system; (D) an explanation of the effect of treating high-risk patients
on a physician's malpractice history; and (E) an explanation that malpractice cases may
be settled for reasons other than liability and that settlements are sometimes made by
the insurer without the physician's consent. Information concerning all settlements shall
be accompanied by the following statement: "Settlement of a claim may occur for a
variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice
action or claim should not be construed as creating a presumption that medical malpractice has occurred."
(d) Pending malpractice claims against a physician and actual amounts paid by or
on behalf of a physician in connection with a malpractice judgment, award or settlement
shall not be disclosed by the department to the public. This subsection shall not be
construed to prevent the department from investigating and disciplining a physician on
the basis of medical malpractice claims that are pending.
(e) Prior to the initial release of a physician's profile to the public, the department
shall provide the physician with a copy of the physician's profile. Additionally, any
amendments or modifications to the profile that were not supplied by the physician or
not generated by the department itself shall be provided to the physician for review prior
to release to the public. A physician shall have sixty days from the date the department
mails or delivers the prepublication copy to dispute the accuracy of any information
that the department proposes to include in such profile and to submit a written statement
setting forth the basis for such dispute. If a physician does not notify the department that
the physician disputes the accuracy of such information within such sixty-day period, the
department shall make the profile available to the public and the physician shall be
deemed to have approved the profile and all information contained therein. If a physician
notifies the department that the physician disputes the accuracy of such information in
accordance with this subsection, the physician's profile shall be released to the public
without the disputed information, but with a statement to the effect that information in
the identified category is currently the subject of a dispute and is therefore not currently
available. Not later than thirty days after the department's receipt of notice of a dispute,
the department shall review any information submitted by the physician in support of
such dispute and determine whether to amend the information contained in the profile.
In the event that the department determines not to amend the disputed information,
the disputed information shall be included in the profile with a statement that such
information is disputed by the physician.
(f) A physician may elect to have the physician's profile omit information provided
pursuant to subdivisions (9) to (11), inclusive, of subsection (b) of this section. In collecting information for such profiles and in the dissemination of such profiles, the department shall inform physicians that they may choose not to provide the information described in said subdivisions (9) to (11), inclusive.
(g) Each profile created pursuant to this section shall include the following statement: "This profile contains information that may be used as a starting point in evaluating
the physician. This profile should not, however, be your sole basis for selecting a physician."
(h) The department shall maintain a web site on the Internet for use by the public
in obtaining profiles of physicians.
(i) No state law that would otherwise prohibit, limit or penalize disclosure of information about a physician shall apply to disclosure of information required by this section.
(j) All information provided by a physician pursuant to this section shall be subject
to the penalties of false statement, pursuant to section 53a-157b.
(k) Except for the information in subdivisions (1), (2), (10) and (11) of subsection (b)
of this section, a physician shall notify the department of any changes to the information
required in said subsection (b) not later than sixty days after such change.
(P.A. 99-284, S. 33; P.A. 05-275, S. 22, 23.)
*Note: On and after January 1, 2010, this section, as amended by section 1 of public
act 08-109, is to read as follows:
"Sec. 20-13j. Health care provider profiles. Establishment. Public availability. (a) For the purposes of this section:
(1) "Department" means the Department of Public Health; and
(2) "Health care provider" means: (A) A physician licensed under this chapter; (B)
a dentist licensed under chapter 379; (C) a chiropractor licensed under chapter 372; (D)
an optometrist licensed under chapter 380; (E) a podiatrist licensed under chapter 375;
(F) a natureopath licensed under chapter 373; (G) a dental hygienist licensed under
chapter 379a; (H) an advanced practice registered nurse licensed under chapter 378; or
(I) a physical therapist licensed under chapter 376.
(b) The department, after consultation with the Connecticut Medical Examining
Board, the Connecticut State Medical Society, or any other appropriate state board,
shall, within available appropriations, collect the following information to create an
individual profile on each health care provider for dissemination to the public:
(1) The name of the medical or dental school, chiropractic college, school or college
of optometry, school or college of chiropody or podiatry, school or college of natureopathy, school of dental hygiene, school of physical therapy or other school or institution
giving instruction in the healing arts attended by the health care provider and the date
of graduation;
(2) The site, training, discipline and inclusive dates of any completed postgraduate
education or other professional education required pursuant to the applicable licensure
section of the general statutes;
(3) The area of the health care provider's practice specialty;
(4) The address of the health care provider's primary practice location or primary
practice locations, if more than one;
(5) A list of languages, other than English, spoken at the health care provider's
primary practice locations;
(6) An indication of any disciplinary action taken against the health care provider
by the department, the appropriate state board or any professional licensing or disciplinary body in another jurisdiction;
(7) Any current certifications issued to the health care provider by a specialty board
of the profession;
(8) The hospitals and nursing homes at which the health care provider has been
granted privileges;
(9) Any appointments of the health care provider to a Connecticut medical school
faculty and an indication as to whether the health care provider has current responsibility
for graduate medical education;
(10) A listing of the health care provider's publications in peer reviewed literature;
(11) A listing of the health care provider's professional services, activities and
awards;
(12) Any hospital disciplinary actions against the health care provider that resulted,
within the past ten years, in the termination or revocation of the health care provider's
hospital privileges for a professional disciplinary cause or reason, or the resignation
from, or nonrenewal of, professional staff membership or the restriction of privileges
at a hospital taken in lieu of or in settlement of a pending disciplinary case related to
professional competence in such hospital;
(13) A description of any criminal conviction of the health care provider for a felony
within the last ten years. For the purposes of this subdivision, a health care provider
shall be deemed to be convicted of a felony if the health care provider pleaded guilty
or was found or adjudged guilty by a court of competent jurisdiction or has been convicted of a felony by the entry of a plea of nolo contendere;
(14) To the extent available, and consistent with the provisions of subsection (c) of
this section, all professional malpractice court judgments and all professional malpractice arbitration awards against the health care provider in which a payment was awarded
to a complaining party during the last ten years, and all settlements of professional
malpractice claims against the health care provider in which a payment was made to a
complaining party within the last ten years;
(15) An indication as to whether the health care provider is actively involved in
patient care; and
(16) The name of the health care provider's professional liability insurance carrier.
(c) Any report of a professional malpractice judgment or award against a health
care provider made under subdivision (14) of subsection (b) of this section shall comply
with the following: (1) Dispositions of paid claims shall be reported in a minimum of
three graduated categories indicating the level of significance of the award or settlement;
(2) information concerning paid professional malpractice claims shall be placed in context by comparing an individual health care provider's professional malpractice judgments, awards and settlements to the experience of other health care providers licensed
in Connecticut who perform procedures and treat patients with a similar degree of risk;
(3) all judgment award and settlement information reported shall be limited to amounts
actually paid by or on behalf of the health care provider; and (4) comparisons of professional malpractice payment data shall be accompanied by (A) an explanation of the fact
that health care providers treating certain patients and performing certain procedures
are more likely to be the subject of litigation than others and that the comparison given
is for health care providers who perform procedures and treat patients with a similar
degree of risk; (B) a statement that the report reflects data for the last ten years and the
recipient should take into account the number of years the health care provider has been
in practice when considering the data; (C) an explanation that an incident giving rise to
a professional malpractice claim may have occurred years before any payment was made
due to the time lawsuits take to move through the legal system; (D) an explanation of the
effect of treating high-risk patients on a health care provider's professional malpractice
history; and (E) an explanation that professional malpractice cases may be settled for
reasons other than liability and that settlements are sometimes made by the insurer
without the health care provider's consent. Information concerning all settlements shall
be accompanied by the following statement: "Settlement of a claim may occur for a
variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health care provider. A payment in settlement of a professional
malpractice action or claim should not be construed as creating a presumption that
professional malpractice has occurred."
(d) Pending professional malpractice claims against a health care provider and actual amounts paid by or on behalf of a health care provider in connection with a professional malpractice judgment, award or settlement shall not be disclosed by the department to the public. This subsection shall not be construed to prevent the department
from investigating and disciplining a health care provider on the basis of professional
malpractice claims that are pending.
(e) Prior to the initial release of a health care provider's profile to the public, the
department shall provide the health care provider with a copy of the health care provider's profile. Additionally, any amendments or modifications to the profile that were not
supplied by the health care provider or not generated by the department itself shall be
provided to the health care provider for review prior to release to the public. A health
care provider shall have sixty days from the date the department mails or delivers the
prepublication copy to dispute the accuracy of any information that the department
proposes to include in such profile and to submit a written statement setting forth the
basis for such dispute. If a health care provider does not notify the department that the
health care provider disputes the accuracy of such information within such sixty-day
period, the department shall make the profile available to the public and the health care
provider shall be deemed to have approved the profile and all information contained in
the profile. If a health care provider notifies the department that the health care provider
disputes the accuracy of such information in accordance with this subsection, the health
care provider's profile shall be released to the public without the disputed information,
but with a statement to the effect that information in the identified category is currently
the subject of a dispute and is therefore not currently available. Not later than thirty days
after the department's receipt of notice of a dispute, the department shall review any
information submitted by the health care provider in support of such dispute and determine whether to amend the information contained in the profile. In the event that the
department determines not to amend the disputed information, the disputed information
shall be included in the profile with a statement that such information is disputed by the
health care provider.
(f) A health care provider may elect to have the health care provider's profile omit
information provided pursuant to subdivisions (9) to (11), inclusive, of subsection (b)
of this section. In collecting information for such profiles and in the dissemination of
such profiles, the department shall inform health care providers that they may choose
not to provide the information described in said subdivisions (9) to (11), inclusive.
(g) Each profile created pursuant to this section shall include the following statement: "This profile contains information that may be used as a starting point in evaluating
a health care provider. This profile should not, however, be your sole basis for selecting
a health care provider."
(h) The department shall maintain a web site on the Internet for use by the public
in obtaining profiles of health care providers.
(i) No state law that would otherwise prohibit, limit or penalize disclosure of information about a health care provider shall apply to disclosure of information required
by this section.
(j) All information provided by a health care provider pursuant to this section shall
be subject to the penalty for false statement under section 53a-157b.
(k) Except for the information in subdivisions (1), (2), (10) and (11) of subsection
(b) of this section, a health care provider shall notify the department of any changes to
the information required in subsection (b) of this section not later than sixty days after
such change."
(P.A. 99-284, S. 33; P.A. 05-275, S. 22, 23; P.A. 08-109, S. 1.)
History: P.A. 05-275 amended Subsec. (b) by making a technical change, expanding Subdiv. (6) to require disclosure
of disciplinary actions taken against physicians by any professional licensing or disciplinary body in another jurisdiction,
adding Subdiv. (15) to require indication as to whether physician is actively involved in patient care, and adding Subdiv.
(16) to require profile to include name of physician's professional liability insurance carrier, and amended Subsec. (k) by
requiring physicians to report any changes or updates in mandatory reporting information, except for information specified
in Subdivs. (1), (2), (10) and (11) of Subsec. (b); P.A. 08-109 amended Subsec. (a) by designating existing provision as
Subdiv. (1), deleting definition of "physician" and adding Subdiv. (2) defining "health care provider" and substantially
revised Subsecs. (b) to (k) to include additional health care providers, make conforming changes to information required
to be collected by Department of Public Health and make technical changes, effective January 1, 2010.