MMA Priority Legislation on CANDOR Now Waiting for Governor’s Signature

May 18, 2023

One of the MMA’s top legislative priorities – legislation regarding CANDOR, or Communication and Optimal Resolution – is now waiting for Gov. Tim Walz’s signature. 

The legislation passed the Senate last week by a vote of 34-33. On May 16, the Minnesota House also passed the Judiciary and Public Safety conference report 69-63 in the early hours of the morning, following eight hours of discussion.  

CANDOR is a process meant to promote openness and honesty and work to improve patient safety. It is a voluntary process for healthcare facilities and healthcare professionals and injured parties to respond to and resolve adverse events. The legislation protects discussions between healthcare providers and injured parties from being used in any future lawsuits.   

For many patients who experience an adverse event, the inability to get answers is frustrating and compounds the harm they experience. Many healthcare facilities and providers are instructed by their lawyers from having frank conversations with the patient and/or their family due to fear of liability. The bill aims to improve patient safety and allow providers to openly discuss what occurred so the event will not occur again. It also protects those conversations from being used in future litigation with few exceptions. This process can provide closure for a patient without having to go through expensive and lengthy litigation.  

In states that have implemented CANDOR legislation, the time from adverse event to final resolution has been reduced from five years to one – which amounts to four fewer years of emotional stress during a legal discovery period for a patient and their clinician. 

Once signed, CANDOR will be applicable to incidents taking place on or after August 1, 2023.