Michael Skolnik Medical Transparency Act

The Michael Skolnik Medical Transparency Act (the “Act”) was signed into law in 2007 and became effective January 1, 2008. The Act gives Colorado consumers access to information about their doctor’s license status and medical malpractice settlements and judgments via the Colorado Board of Medical Examiners website. The purpose of the Act is to help consumers make more informed decisions when selecting a doctor. The Act was endorsed by the Colorado Medical Society, after wording was clarified to make it clear that only settlements or final judgments to medical malpractice claims would be made public, rather than the mere filing of a medical malpractice claim.

Pursuant to the Act, upon application for, or renewal of, a medical license in the State of Colorado, a doctor must provide the following information:

• any public disciplinary action taken by a medical board of any state or country;
  
• any agreement whereby the doctor temporarily ceased or restricted practice;
  
• any involuntary limitation on the doctor's privilege to practice at a hospital or clinic;
  
• any involuntary surrender of the doctor's registration with the Drug Enforcement Administration;
  
• any final criminal conviction or plea arrangement connected to a felony or crime of moral turpitude anywhere; and
  
• any final judgment, settlement or arbitration award for medical malpractice.
  

The Act is named after Michael Skolnik, who was 22 and studying to be a pediatric nurse when he blacked out one day in 2001. Skolnik underwent surgery by a neurosurgeon, and was left half-blind, partly paralyzed, psychotic, and with the reasoning ability of a third grader. Skolnik died three years later, having amassed $4.8 million in medical bills. His parents stated that had they known the neurosurgeon had a prior malpractice claim settlement in Georgia, they would have sought a different surgeon to perform the procedure. They later learned that the neurosurgeon had only done this procedure once before.

If you or someone you know is a victim of medical malpractice or medical negligence, contact Paulsen & Armitage, LLC for assistance. Our attorneys fight for the rights of the injured and seek the maximum allowable compensation necessary to compensate our clients for the harm they have suffered at the hands of negligent or incompetent doctors, hospitals, and health care providers.

Michael Skolnik Medical Transparency Act

The Colorado Board of Medical Examiners (the “Board”) has implemented the requirements of the Michael Skolnik Medical Transparency Act (the “Act”), which was enacted in 2007 by the Colorado General Assembly. The Act requires all physicians who submit an application for an initial license to practice medicine on or after January 1, 2008 to disclose certain information that is accessible to the public. Physicians who make an application to reinstate or reactivate an existing license are also subject to the Act’s requirements. Physicians who hold an active or inactive license issued by the Board or who applied for a license prior to January 1, 2008 are not required to comply with the Act until the May 31, 2009 license renewal period.

Information Available Under the Act
The Act requires basic personal information such as name, aliases, address and telephone number. The Act also requires the following information from the physician:

• Information on all medical licenses ever held
• Affiliations with hospitals and health care facilities
• Board certifications and specialties
• Current employment contracts
• Current ownership interests in businesses related to health services

In addition, the Act requires the following information about prior disciplinary proceedings, malpractice claims or loss of privileges or insurance:

• Public disciplinary actions against a medical license
• Agreements and Stipulations to temporarily cease medical practice
• Involuntary hospital or health care facility privileging actions
• Involuntary surrender of a DEA registration
• Criminal convictions or plea arrangements for felonies and crimes of moral turpitude
• Judgments, settlements and arbitration awards for medical malpractice claims
• Refusal by an insurance carrier to issue medical liability insurance

The Act also requires physicians to report a conviction for a crime within 30 days of the entry of the judgment and sentence for the crime, even if the conviction is subject to an appeal.

History Behind the Michael Skolnik Medical Transparency Act
The Act is named after Michael Skolnik, a 22 year-old who suffered brain trauma. A surgeon performed surgery on Skolnik, and Skolnik’s family alleged in their malpractice lawsuit that the surgeon jostled Skolnik’s brain during surgery. Skolnik required constant care, and died two years later, with $4.8 million in medical bills. Skolnik’s family later learned that the surgeon had only performed the procedure once before, and had a prior malpractice claim against him. Skolnik’s family contended that they would never have selected this surgeon had they known about his lack of experience and the prior malpractice claim.

Colorado is the 16th state to allow for the publicizing of malpractice claims against doctors. The Act extends beyond merely publicizing malpractice claims to provide consumers with information relevant to making an informed choice in selecting a physician. Please note that as of the date of this blog entry, only a limited number of physician’s profiles are available under the Act. Eventually, all physicians will have their profiles listed in compliance with the Act.

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