An Act Concerning Health Insurer Liability For Damages And Harms Caused By Undue Delay In Authorizing Or Approving Care.
Summary
SB 456 would amend chapter 925 of the general statutes to shift liability for harms caused by delayed insurance authorization or approval of care away from licensed health care professionals and toward health insurers. Under the bill, a person could not bring an action to recover damages from a licensed health care professional when the adverse outcome was directly caused by a health insurer’s delay in approving care. Instead, claims for damages and harms arising from that undue delay would be brought directly against the insurer.
The bill is aimed at addressing situations where prior authorization or other insurer approval processes delay medically necessary treatment and contribute to patient harm. Its stated purpose is to hold insurers accountable for their role in restricting timely access to care while protecting physicians and other licensed professionals from legal exposure tied to delays they did not cause.
Impact
If enacted, the bill would create a statutory limitation on lawsuits against licensed health care professionals in cases where the alleged injury stems from an insurer’s delay in authorizing or approving treatment, and it would provide a direct avenue for claims against health insurers instead. This would affect chapter 925 of the general statutes and could alter how liability is allocated in medical-delay cases, potentially influencing malpractice litigation, insurer practices, and patient recovery options.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed positively as a patient-access and accountability bill. Its sponsor’s stated intent suggests support for protecting clinicians from liability tied to insurer-caused delays while increasing insurer responsibility for authorization-related harms. No contrary viewpoints are documented in the provided materials.
Contention
The main policy tension is between holding insurers accountable for delays in care and limiting the exposure of licensed health care professionals who may be involved in the treatment process but are not responsible for the delay. Potential concerns could include whether the bill would make it easier or harder for injured patients to recover damages, how causation would be proven when delays involve multiple actors, and whether shifting claims directly to insurers could affect prior authorization practices or insurance costs. No specific opposition or support from legislators is included in the provided record.