House Amendment 8335


PAG LIN




     1  1    Amend the amendment, H=8309, to House File 2716, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting after line 1 the
     1  4 following:
     1  5    <#   .  Page 1, by inserting before line 1 the
     1  6 following:
     1  7    <Section 1.  NEW SECTION.  135N.1  TITLE.
     1  8    This chapter shall be known and may be cited as the
     1  9 "Patient Safety and Quality Assurance Act".
     1 10    Sec. 2.  NEW SECTION.  135N.2  DEFINITIONS.
     1 11    As used in this chapter:
     1 12    1.  "Action plan" means a written plan prepared
     1 13 after a root cause analysis that identifies strategies
     1 14 that a health care provider intends to implement to
     1 15 reduce the risk and reoccurrence of actual and
     1 16 potential risks to patient safety.  The plan shall
     1 17 address health care provider responsibility for
     1 18 implementation, oversight, pilot testing as
     1 19 appropriate, timelines, and strategies for measuring
     1 20 the effectiveness of the actions.
     1 21    2.  "Health care provider" means a physician or
     1 22 surgeon, osteopath, osteopathic physician or surgeon,
     1 23 dentist, podiatric physician, optometrist, pharmacist,
     1 24 chiropractor, or nurse licensed in this state, a
     1 25 hospital licensed pursuant to chapter 135B, or a
     1 26 health care facility licensed pursuant to chapter
     1 27 135C.
     1 28    3.  "Health care provider leaders" means a health
     1 29 care provider, executive, physician as defined in
     1 30 section 135C.1, registered or licensed practical nurse
     1 31 or nurse practitioner, or health care provider
     1 32 administrator.
     1 33    4.  "Quality assessment and assurance activities"
     1 34 means the procedure by which a quality assessment and
     1 35 assurance committee monitors, evaluates, recommends,
     1 36 and implements actions to improve and assure the
     1 37 delivery and quality of services and patient safety
     1 38 through identification, correction, and prevention of
     1 39 sentinel events.
     1 40    5.  "Quality assessment and assurance committee"
     1 41 means a committee of a health care provider consisting
     1 42 of individuals responsible for the identification of
     1 43 sentinel events that may adversely impact the health
     1 44 and safety of patients, and for the development of
     1 45 root cause analyses, action plans, and other plans to
     1 46 correct identified quality of care issues.  The
     1 47 quality assessment and assurance committee shall
     1 48 include health care provider leaders, including but
     1 49 not limited to the health care provider administrator
     1 50 and the director of nursing.
     2  1    6.  "Quality assessment and assurance committee
     2  2 records" means complaint files, investigation files,
     2  3 reports, and other investigative information relating
     2  4 to licensee discipline or professional competence in
     2  5 the possession of a quality assessment and assurance
     2  6 committee or an employee of the committee.
     2  7    7.  "Risk of death or serious injury" means any
     2  8 variation in a process related to quality of care or
     2  9 patient safety which may result in a serious adverse
     2 10 outcome.
     2 11    8.  "Root cause analysis" means the process for
     2 12 identifying causal factors that relate to any
     2 13 variation in the delivery and quality of services and
     2 14 patient safety, including the occurrence or possible
     2 15 occurrence of a sentinel event.  A root cause analysis
     2 16 focuses primarily on systems and processes, and not on
     2 17 individual performances.
     2 18    9.  "Sentinel event" means an unexpected occurrence
     2 19 resulting in the death or serious physical or
     2 20 psychological injury of a patient of a health care
     2 21 provider, or a risk of death or serious physical or
     2 22 psychological injury to a patient of a health care
     2 23 provider.
     2 24    10.  "Unanticipated outcome" means a result that
     2 25 differs significantly from what was anticipated to be
     2 26 the result of a treatment or procedure, including an
     2 27 outcome caused by an error of an employee of a health
     2 28 care provider or an independent practitioner who
     2 29 provides medical services at a health care provider's
     2 30 facility.
     2 31    Sec. 3.  NEW SECTION.  135N.3  ACCOUNTABILITY OF
     2 32 HEALTH CARE PROVIDER LEADERS.
     2 33    The health care provider leaders, including the
     2 34 health care provider administrator and director of
     2 35 nursing, and the quality assessment and assurance
     2 36 committee, are responsible for all of the following:
     2 37    1.  Assuring the implementation of an integrated
     2 38 patient safety program throughout the health care
     2 39 provider facility.  The patient safety program shall
     2 40 include, at a minimum, all of the following:
     2 41    a.  A designation of one or more qualified
     2 42 individuals or an interdisciplinary group to manage
     2 43 the health care provider safety program.
     2 44    b.  A definition of the scope of the program
     2 45 activities, including the types of occurrences to be
     2 46 addressed.
     2 47    c.  A procedure for immediate response to medical
     2 48 or health care errors or patient abuse, including care
     2 49 of an affected patient, containment of risk to others,
     2 50 and the preservation of factual information for
     3  1 subsequent analysis.
     3  2    d.  A system for internal and external reporting of
     3  3 information relating to medical and health care errors
     3  4 or patient abuse.
     3  5    e.  A defined mechanism for support of staff
     3  6 involved in a sentinel event.
     3  7    f.  An annual report to the department of
     3  8 inspections and appeals concerning medical or health
     3  9 care errors and patient neglect or abuse, and actions
     3 10 taken to improve patient safety, both proactively and
     3 11 in response to actual occurrences.
     3 12    2.  Defining and implementing processes for
     3 13 identifying and managing sentinel events, including
     3 14 establishing processes for the identification,
     3 15 reporting, analysis, and prevention of sentinel events
     3 16 and assuring the consistent and effective
     3 17 implementation of a mechanism to accomplish those
     3 18 activities.
     3 19    3.  Establishing a continuous proactive program for
     3 20 identifying risks to patient safety and reducing
     3 21 medical and health care errors and patient neglect or
     3 22 abuse.
     3 23    4.  Allocating adequate resources for measuring,
     3 24 assessing, and improving patient safety.
     3 25    5.  Assigning personnel to participate in
     3 26 activities to improve patient safety and providing
     3 27 adequate time for personnel to participate in such
     3 28 activities.
     3 29    6.  Providing staff training on the improvement of
     3 30 patient safety.
     3 31    7.  Allocating physical and financial resources to
     3 32 support safety improvement.
     3 33    8.  Analyzing undesirable patterns or trends in
     3 34 staff performance and sentinel events.
     3 35    9.  Assuring the health care provider identifies
     3 36 changes for improved patient safety.
     3 37    Sec. 4.  NEW SECTION.  135N.4  PATIENT RIGHTS AND
     3 38 DUTY OF DISCLOSURE.
     3 39    1.  Patients and their immediate families have a
     3 40 right to know about the quality of care outcomes
     3 41 involved in patient care, including unanticipated
     3 42 outcomes and sentinel events.
     3 43    2.  The health care provider leaders shall fully
     3 44 disclose all of the facts and circumstances relating
     3 45 to a sentinel event or an unanticipated outcome.
     3 46    Sec. 5.  NEW SECTION.  135N.5  SENTINEL EVENT
     3 47 REPORTING.
     3 48    1.  A health care provider involved in a sentinel
     3 49 event shall submit a root cause analysis and an action
     3 50 plan that describes the health care provider's risk
     4  1 reduction strategy and a strategy for evaluating the
     4  2 effectiveness of the risk reduction strategy to the
     4  3 department of inspections and appeals.
     4  4    2.  A root cause analysis shall contain an analysis
     4  5 focusing primarily on systems and processes involved
     4  6 in quality of care and patient safety which includes
     4  7 changes that may be made to such systems and
     4  8 processes, and shall be thorough, credible, and
     4  9 acceptable as defined by industry standards.
     4 10    Sec. 6.  NEW SECTION.  135N.6  CONFIDENTIALITY OF
     4 11 RECORDS.
     4 12    1.  Quality assessment and assurance committee
     4 13 records shall be confidential and privileged and shall
     4 14 not be subject to discovery or subpoena.
     4 15    2.  Information or documents discoverable from
     4 16 sources other than a quality assessment and assurance
     4 17 committee, a health care provider, or the department
     4 18 of inspections and appeals do not become
     4 19 nondiscoverable from the other sources because they
     4 20 are subject to a claim of confidentiality under this
     4 21 section.>>
     4 22 #2.  By renumbering as necessary.
     4 23
     4 24
     4 25                               
     4 26 R. OLSON of Polk
     4 27 HF 2716.503 81
     4 28 rh/je/1392

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