ASSEMBLY, No. 3183

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED JULY 30, 2012

 


 

Sponsored by:

Assemblyman  JON M. BRAMNICK

District 21 (Morris, Somerset and Union)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

 

 

 

 

SYNOPSIS

     Prohibits information from certain medical malpractice claims from being used by employers or medical malpractice insurers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning medical malpractice and supplementing Titles 17 and 34 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  For the purposes of this section:

     “Claim” means any demand received by an insured seeking damages that results from a medical incident, or an insured’s notice to the insurer of a specific professional services act or omission that the insured reasonably believes may result in a demand for damages.

     “Nurse in training” means a person who is currently enrolled in a nursing or advanced practiced nursing education program and is participating in hospital-based training and education as part of that program.

     “Resident physician” means a health care professional who has graduated from medical school and is participating in a post-graduate, hospital-based training and education program. 

     b.    Notwithstanding any other law or regulation to the contrary, an insurer authorized to transact medical malpractice liability insurance in this State shall not increase the premium of any medical malpractice liability insurance policy based on a claim of medical negligence or malpractice while the insured was a resident physician or nurse in training, unless the claim results in a medical malpractice claim settlement, judgment, or arbitration award against the insured.

 

     2.    a.  For the purposes of this section:

     “Nurse in training” means a person who is currently enrolled in a nursing or advanced practiced nursing education program and is participating in hospital-based training and education as part of that program.

     “Resident physician” means a health care professional who has graduated from medical school and is participating in a post-graduate, hospital-based training and education program.

     b.    No employer or employer’s agent, representative, or designee shall seek to obtain or require a current or prospective employee to provide, or consent as a condition of employment to the creation of, information about claims of medical negligence or malpractice against the employee that occurred while the employee was a resident physician or nurse in training, and that did not result in a settlement, judgment, or arbitration award against the employee.

     c.     Upon violation of this section, an aggrieved person may, in addition to any other available remedy, institute a civil action in a court of competent jurisdiction, within one year from the date of the alleged violation. In response to the action, the court may, as it deems appropriate, order or award any one or more of the following:

     (1)   With respect to a prospective employee:

     (a)   injunctive relief;

     (b)   compensatory and consequential damages incurred by the prospective employee as a result of the violation, taking into consideration any failure to hire in connection with the violation; or

     (c)   reasonable attorneys’ fees and court costs.

     (2)   With respect to a current or former employee:

     (a)   injunctive relief as it deems appropriate, including reinstatement of the employee to the same position held before the violation or the position the employee would have held but for the violation, as well as the reinstatement of full fringe benefits and seniority rights;

     (b)   compensatory and consequential damages incurred by the employee or former employee as a result of the violation, including compensation for lost wages, benefits and other remuneration; or

     (c)   reasonable attorneys’ fees and court costs.

     d.    Any employer who violates any provision of this section shall be subject to a civil penalty in an amount not to exceed $1,000 for the first violation and $2,500 for each subsequent violation, collectible by the Commissioner of Labor and Workforce Development in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits insurers authorized to transact medical malpractice liability insurance in this State from increasing the premium of any medical malpractice liability insurance policy based on a claim of medical negligence or malpractice while the insured was a resident physician or nurse in training unless the claim results in a medical malpractice claim settlement, judgment, or arbitration award against the insured. 

     This bill also prohibits employers from seeking to obtain or requiring a current or prospective employee to provide or consent as a condition of employment to the creation of information about claims of medical negligence or malpractice against the employee that occurred while the employee was a resident physician or nurse in training and that did not result in a settlement, judgment, or arbitration award against the employee.