Text: H08154                            Text: H08156
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8155

Amendment Text

PAG LIN
  1  1    Amend House File 2542 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  135M.1  TITLE.
  1  5    This chapter shall be known and may be cited as the
  1  6 "Resident Safety and Quality Assurance Act".
  1  7    Sec. 2.  NEW SECTION.  135M.2  DEFINITIONS.
  1  8    As used in this chapter:
  1  9    1.  "Action plan" means a written plan prepared
  1 10 after a root cause analysis that identifies strategies
  1 11 that a resident care provider intends to implement to
  1 12 reduce the risk and reoccurrence of actual and
  1 13 potential risks to resident safety.  The plan shall
  1 14 address resident care provider responsibility for
  1 15 implementation, oversight, pilot testing as
  1 16 appropriate, time lines, and strategies for measuring
  1 17 the effectiveness of the actions.
  1 18    2.  "Quality assessment and assurance activities"
  1 19 means the procedure by which a quality assessment and
  1 20 assurance committee monitors, evaluates, recommends,
  1 21 and implements actions to improve and assure the
  1 22 delivery and quality of services and resident safety
  1 23 through identification, correction, and prevention of
  1 24 sentinel events.
  1 25    3.  "Quality assessment and assurance committee"
  1 26 means a committee of a resident care provider
  1 27 consisting of individuals responsible for the
  1 28 identification of sentinel events that may adversely
  1 29 impact the health and safety of residents, and for the
  1 30 development of root cause analyses, action plans, and
  1 31 other plans to correct identified quality of care
  1 32 issues.  The quality assessment and assurance
  1 33 committee shall include resident care provider
  1 34 leaders, including, but not limited to, the resident
  1 35 care provider administrator and the director of
  1 36 nursing.
  1 37    4.  "Quality assessment and assurance committee
  1 38 records" means complaint files, investigation files,
  1 39 reports, and other investigative information relating
  1 40 to licensee discipline or professional competence in
  1 41 the possession of a quality assessment and assurance
  1 42 committee or an employee of the committee.
  1 43    5.  "Resident care provider" means a nursing
  1 44 facility or a residential care facility as defined in
  1 45 section 135C.1, or an assisted living program
  1 46 certified by the department of elder affairs or
  1 47 recognized as voluntarily accredited pursuant to
  1 48 chapter 231C.
  1 49    6.  "Resident care provider leaders" means a health
  1 50 care provider, executive, physician as defined in
  2  1 section 135C.1, registered or licensed practical nurse
  2  2 or nurse practitioner, or health care provider
  2  3 administrator.
  2  4    7.  "Risk of death or serious injury" means any
  2  5 variation in a process related to quality of care or
  2  6 resident safety which may result in a serious adverse
  2  7 outcome.
  2  8    8.  "Root cause analysis" means the process for
  2  9 identifying causal factors that relate to any
  2 10 variation in the delivery and quality of services and
  2 11 resident safety, including the occurrence or possible
  2 12 occurrence of a sentinel event.  A root cause analysis
  2 13 focuses primarily on systems and processes, and not on
  2 14 individual performances.
  2 15    9.  "Sentinel event" means an unexpected occurrence
  2 16 resulting in the death or serious physical or
  2 17 psychological injury of a resident of a resident care
  2 18 provider, or a risk of death or serious physical or
  2 19 psychological injury to a resident of a resident care
  2 20 provider.
  2 21    10.  "Unanticipated outcome" means a result that
  2 22 differs significantly from what was anticipated to be
  2 23 the result of a treatment or procedure, including an
  2 24 outcome caused by an error of an employee of a
  2 25 resident care provider or an independent practitioner
  2 26 who provides medical services at a resident care
  2 27 provider's facility.
  2 28    Sec. 3.  NEW SECTION.  135M.3  ACCOUNTABILITY OF
  2 29 RESIDENT CARE PROVIDER LEADERS.
  2 30    The resident care provider leaders, including the
  2 31 resident care provider administrator and director of
  2 32 nursing, and the quality assessment and assurance
  2 33 committee, are responsible for all of the following:
  2 34    1.  Assuring the implementation of an integrated
  2 35 resident safety program throughout the resident care
  2 36 provider facility.  The resident safety program shall
  2 37 include, at a minimum, all of the following:
  2 38    a.  A designation of one or more qualified
  2 39 individuals or an interdisciplinary group to manage
  2 40 the resident care provider safety program.
  2 41    b.  A definition of the scope of the program
  2 42 activities, including the types of occurrences to be
  2 43 addressed.
  2 44    c.  A procedure for immediate response to medical
  2 45 or health care errors or resident abuse, including
  2 46 care of an affected resident, containment of risk to
  2 47 others, and the preservation of factual information
  2 48 for subsequent analysis.
  2 49    d.  A system for internal and external reporting of
  2 50 information relating to medical and health care errors
  3  1 or resident abuse.
  3  2    e.  A defined mechanism for support of staff
  3  3 involved in a sentinel event.
  3  4    f.  An annual report to the board of directors of
  3  5 the resident care provider and the department of
  3  6 inspections and appeals concerning medical or health
  3  7 care errors and resident neglect or abuse, and actions
  3  8 taken to improve resident safety, both proactively and
  3  9 in response to actual occurrences.
  3 10    2.  Defining and implementing processes for
  3 11 identifying and managing sentinel events, including
  3 12 establishing processes for the identification,
  3 13 reporting, analysis, and prevention of sentinel events
  3 14 and assuring the consistent and effective
  3 15 implementation of a mechanism to accomplish those
  3 16 activities.
  3 17    3.  Establishing a continuous proactive program for
  3 18 identifying risks to patient safety and reducing
  3 19 medical and health care errors and resident neglect or
  3 20 abuse.
  3 21    4.  Allocating adequate resources for measuring,
  3 22 assessing, and improving patient safety.
  3 23    5.  Assigning personnel to participate in
  3 24 activities to improve patient safety and providing
  3 25 adequate time for personnel to participate in such
  3 26 activities.
  3 27    6.  Providing staff training on the improvement of
  3 28 patient safety.
  3 29    7.  Allocating physical and financial resources to
  3 30 support safety improvement.
  3 31    8.  Analyzing undesirable patterns or trends in
  3 32 staff performance and sentinel events.
  3 33    9.  Assuring the resident care provider identifies
  3 34 changes for improved patient safety.
  3 35    Sec. 4.  NEW SECTION.  135M.4  RESIDENT RIGHTS AND
  3 36 DUTY OF DISCLOSURE.
  3 37    1.  Residents and their immediate families have a
  3 38 right to know about the quality of care outcomes
  3 39 involved in resident care, including unanticipated
  3 40 outcomes and sentinel events.
  3 41    2.  The resident care provider leaders shall fully
  3 42 disclose all of the facts and circumstances relating
  3 43 to a sentinel event or an unanticipated outcome.
  3 44    Sec. 5.  NEW SECTION.  135M.5  SENTINEL EVENT
  3 45 REPORTING.
  3 46    1.  A resident care provider involved in a sentinel
  3 47 event shall submit a root cause analysis and an action
  3 48 plan that describes the resident care provider's risk
  3 49 reduction strategy and a strategy for evaluating the
  3 50 effectiveness of the risk reduction strategy to the
  4  1 department of inspections and appeals.
  4  2    2.  A root cause analysis shall contain an analysis
  4  3 focusing primarily on systems and processes involved
  4  4 in quality of care and resident safety which includes
  4  5 changes that may be made to such systems and
  4  6 processes, and shall be thorough, credible, and
  4  7 acceptable as defined by industry standards.
  4  8    Sec. 6.  NEW SECTION.  135M.6  CONFIDENTIALITY OF
  4  9 RECORDS.
  4 10    1.  Quality assessment and assurance committee
  4 11 records shall be confidential and privileged and shall
  4 12 not be subject to discovery or subpoena.
  4 13    2.  Information or documents discoverable from
  4 14 sources other than a quality assessment and assurance
  4 15 committee, a resident care provider, or the department
  4 16 of inspections and appeals do not become
  4 17 nondiscoverable from the other sources because they
  4 18 are subject to a claim of confidentiality under this
  4 19 section."
  4 20    #2.  Title page, by striking lines 1 through 3 and
  4 21 inserting the following:  "An Act relating to resident
  4 22 safety and quality assurance in a nursing facility,
  4 23 residential care facility, and an assisted living
  4 24 program." 
  4 25 
  4 26 
  4 27                               
  4 28 DOTZLER of Black Hawk
  4 29 HF 2542.706 79
  4 30 rh/cls
     

Text: H08154                            Text: H08156
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2002 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Mar 1 16:15:39 CST 2002
URL: /DOCS/GA/79GA/Legislation/H/08100/H08155/020301.html
jhf