CANDOR Legislation, an MMA Priority, Introduced in St. Paul

February 2, 2023

A bill that would encourage open and honest communication between a provider and a patient following an adverse event was introduced at the Capitol on February 1.  

HF 1181 (Norris, DFL – Blaine) would establish the CANDOR (Communication and Optimal Resolution) process in Minnesota. This is a legislative priority for the MMA. As part of the bill, any communications and documents that are created for purposes of resolving an adverse event within the process are protected from discovery, permitting participants to communicate candidly about the adverse event. 

The process encourages all sides to communicate directly so the events that led to the incident can be retraced and the knowledge collected to prevent the same scenario from happening to future patients. It also hopes to offer injured patients explanations for questions that otherwise often go unanswered. 

The legislation does not mandate use of the CANDOR process; a patient can elect to proceed with traditional litigation at any time. However, in states that have implemented CANDOR, the average time spent to find resolution has been reduced from five years to one. 

The House bill’s companion, SF 803 (Klein, DFL – Mendota Heights), has been introduced in the Senate and was referred to the Health and Human Services Committee.