Senate Study Bill 3051





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            HUMAN RESOURCES BILL BY
                                            CO=CHAIRPERSON SEYMOUR)


    Passed Senate, Date               Passed House, 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 6181SK 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 collaborative
  1 11 or it successor organization, to be used in the course of any
  1 12 study for the purpose of reducing morbidity or mortality, and
  1 13 no liability of any kind or character for damages or other
  1 14 relief shall arise or be enforced against any person or
  1 15 organization by reason of having provided such information or
  1 16 material, or by reason of having released or published the
  1 17 findings and conclusions of such groups to advance medical
  1 18 research and medical education, or by reason of having
  1 19 released or 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 a partnership
  1 22 organization or association between the Iowa hospital
  1 23 association and the Iowa medical society established to
  1 24 provide direction to 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 or its successor organization shall
  1 33 use or publish said material only for the purpose of advancing
  1 34 medical research or medical education in the interest of
  1 35 reducing morbidity or mortality, except that a summary of such
  2  1 studies may be released by any such group for general
  2  2 publication.  In all events the identity of any person whose
  2  3 condition or treatment has been studied shall be confidential
  2  4 and shall not be revealed under any circumstances.  A
  2  5 violation of this section shall constitute a simple
  2  6 misdemeanor.
  2  7                           EXPLANATION
  2  8    This bill adds the Iowa healthcare collaborative to the
  2  9 list of entities which may receive and publish information
  2 10 relating to a morbidity or mortality study.  According to Code
  2 11 section 135.40, a person, hospital, sanatorium, nursing or
  2 12 rest home, or other organization may provide specified
  2 13 information relating to the condition and treatment of any
  2 14 person to entities listed in the section to now include the
  2 15 Iowa healthcare collaborative pursuant to the bill, to be used
  2 16 in a study for the purpose of reducing morbidity or mortality,
  2 17 without liability.  In Code section 135.41, the same entities,
  2 18 now to include the Iowa healthcare collaborative, may use or
  2 19 publish the information under specified circumstances and on a
  2 20 confidential basis regarding individuals involved as subjects
  2 21 in the study.
  2 22    The bill defines the "Iowa healthcare collaborative" as a
  2 23 partnership organization or association between the Iowa
  2 24 hospital association and the Iowa medical society established
  2 25 to provide direction to quality, safety, and value improvement
  2 26 collaborative efforts by hospitals and physicians.
  2 27 LSB 6181SK 81
  2 28 rn:rj/gg/14