CANDOR Bill Passes House Judiciary Committee

March 16, 2023

Legislation to promote candid conversations between physicians and patients following an adverse event at a hospital or clinic, passed the House Judiciary Committee on March 14.   

Under today’s current litigious climate, physicians and other providers are advised by attorneys to avoid speaking with affected patients and their families because of a fear of potential malpractice lawsuits. This results in the injured patients receiving very little information about what happened to them. 

HF 1181 (Rep. Norris, DFL-Blaine) implements the Communication and Optimal Resolution (CANDOR) model that was developed by the Agency for Healthcare Research and Quality.  It is intended to improve patient safety by encouraging conversations when both patients and providers agree to voluntarily engage in open conversations without fear that what is said will be later used in a lawsuit. 

MMA President Will Nicholson, MD, testified in support of the bill, which is an MMA legislative priority. “This legislation is first and foremost about patient safety,” Nicholson said. “After a bad outcome, patients want to understand what went wrong and what led to the bad outcome. However, in the current environment, providers are told by the attorneys not to say anything for fear of litigation. Therefore, a patient or their family may never hear about what went wrong.”  

The bill is also supported by the Minnesota Association for Justice (MAJ), representing the state’s plaintiff attorneys. States that have passed CANDOR laws have seen cases being resolved in less than one year, versus a lawsuit that may take several years. 

HF 1181 passed with a unanimous vote and was sent to the House floor. The Senate companion bill is expected to be heard in the next two weeks.