House Study Bill 712
HOUSE FILE
BY (PROPOSED COMMITTEE ON
HUMAN RESOURCES BILL BY
CHAIRPERSON UPMEYER)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the release of certain morbidity and
2 mortality study information to the Iowa healthcare
3 collaborative.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6181HC 81
6 rn/gg/14
PAG LIN
1 1 Section 1. Section 135.40, Code 2005, is amended to read
1 2 as follows:
1 3 135.40 COLLECTION AND DISTRIBUTION OF INFORMATION.
1 4 Any person, hospital, sanatorium, nursing or rest home or
1 5 other organization may provide information, interviews,
1 6 reports, statements, memoranda, or other data relating to the
1 7 condition and treatment of any person to the department, the
1 8 Iowa medical society or any of its allied medical societies,
1 9 or the Iowa osteopathic medical association, or any in=
1 10 hospital staff committee, or the Iowa healthcare
1 11 collaborative, to be used in the course of any study for the
1 12 purpose of reducing morbidity or mortality, and no liability
1 13 of any kind or character for damages or other relief shall
1 14 arise or be enforced against any person or organization by
1 15 reason of having provided such information or material, or by
1 16 reason of having released or published the findings and
1 17 conclusions of such groups to advance medical research and
1 18 medical education, or by reason of having released or
1 19 published generally a summary of such studies.
1 20 For the purposes of this section, and section 135.41, the
1 21 "Iowa healthcare collaborative" means an organization which is
1 22 exempt from federal taxation under section 501(c)(3) of the
1 23 Internal Revenue Code and which is established to provide
1 24 direction to promote quality, safety, and value improvement
1 25 collaborative efforts by hospitals and physicians.
1 26 Sec. 2. Section 135.41, Code 2005, is amended to read as
1 27 follows:
1 28 135.41 PUBLICATION.
1 29 The department, the Iowa medical society or any of its
1 30 allied medical societies, or the Iowa osteopathic medical
1 31 association, or any in=hospital staff committee, or the Iowa
1 32 healthcare collaborative shall use or publish said material
1 33 only for the purpose of advancing medical research or medical
1 34 education in the interest of reducing morbidity or mortality,
1 35 except that a summary of such studies may be released by any
2 1 such group for general publication. In all events the
2 2 identity of any person whose condition or treatment has been
2 3 studied shall be confidential and shall not be revealed under
2 4 any circumstances. A violation of this section shall
2 5 constitute a simple misdemeanor.
2 6 EXPLANATION
2 7 This bill adds the Iowa healthcare collaborative to the
2 8 list of entities which may receive and publish information
2 9 relating to a morbidity or mortality study. According to Code
2 10 section 135.40, a person, hospital, sanatorium, nursing or
2 11 rest home, or other organization may provide specified
2 12 information relating to the condition and treatment of any
2 13 person to entities listed in the section to now include the
2 14 Iowa healthcare collaborative pursuant to the bill, to be used
2 15 in a study for the purpose of reducing morbidity or mortality,
2 16 without liability. In Code section 135.41, the same entities,
2 17 now to include the Iowa healthcare collaborative, may use or
2 18 publish the information under specified circumstances and on a
2 19 confidential basis regarding individuals involved as subjects
2 20 in the study.
2 21 The bill defines the "Iowa healthcare collaborative" as an
2 22 organization which is exempt from federal income taxation
2 23 under section 501(c)(3) of the Internal Revenue Code and is
2 24 established to provide direction to promote quality, safety,
2 25 and value improvement collaborative efforts by hospitals and
2 26 physicians.
2 27 LSB 6181HC 81
2 28 rn:rj/gg/14.1