House File 2471 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for a research initiative to address certain
  2    medical errors.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6354HH 82
  5 rh/nh/8

PAG LIN



  1  1    Section 1.  PATIENT SAFETY INITIATIVE == MEDICAL ERRORS.
  1  2    1.  If federal funding is received, the department of
  1  3 public health shall establish an initiative to address patient
  1  4 safety through the identification of medical errors.  The
  1  5 initiative shall also address the option of establishing a
  1  6 statewide billing policy for health care made necessary by
  1  7 preventable medical errors.
  1  8    2.  The focus of the initiative shall be the development of
  1  9 a medical error reporting system that motivates health care
  1 10 providers to report medical errors and that maintains
  1 11 information reported in a systematic way that is useful to
  1 12 health care providers.  The reporting system should provide
  1 13 that data collected is used to identify and address the
  1 14 underlying systemic causes of medical errors, detect system
  1 15 weaknesses, and prevent the occurrence of future errors.
  1 16    3.  The initiative shall emphasize the use of reported
  1 17 medical errors not as a basis for blame and liability, but as
  1 18 a basis for system improvement and prevention of future
  1 19 errors.  The system should encourage health care providers to
  1 20 equate the reporting of medical errors with the protection of
  1 21 patient safety through prevention of avoidable error, rather
  1 22 than encourage nonreporting as a means of avoiding legal
  1 23 liability.  The initiative may utilize exclusive enterprise
  1 24 liability, no=fault compensation, no=fault liability, or
  1 25 liability limitations to protect health care providers who
  1 26 report medical errors that result only in a no=harm event or a
  1 27 near miss as means of eliminating the adversarial quality of
  1 28 the current liability system.  The initiative shall not apply
  1 29 to medical errors that involve actions or omissions that
  1 30 constitute negligence, recklessness, or intentional
  1 31 misconduct.
  1 32    4.  For the purpose of this section:
  1 33    a.  "Medical error" means a failure of a planned action to
  1 34 be completed as intended or the use of a wrong action to
  1 35 achieve an aim.  "Medical error" may include a problem in
  2  1 practice, products, procedures, or systems.
  2  2    b.  "Near miss" means an event in which the unwanted
  2  3 consequences were prevented through recovery by identification
  2  4 and correction of the failure.
  2  5    c.  "No=harm event" means an event that has occurred but
  2  6 resulted in no actual harm although the potential for harm may
  2  7 be present.
  2  8                           EXPLANATION
  2  9    This bill directs the department of public health to
  2 10 establish an initiative to address patient safety through the
  2 11 identification of medical errors if federal funding is
  2 12 received and to address the option of establishing a statewide
  2 13 billing policy for medical care made necessary by preventable
  2 14 medical errors.  The focus of the initiative is the
  2 15 development of a medical error reporting system that motivates
  2 16 health care providers to report medical errors and that
  2 17 maintains information reported in a systematic way that is
  2 18 useful to health care providers.  The reporting system should
  2 19 provide that data collected is used to identify and address
  2 20 the underlying systemic causes of medical errors, detect
  2 21 system weaknesses, and prevent the occurrence of future
  2 22 errors.  The emphasis of the initiative is the use of reported
  2 23 medical errors not as a basis for blame and liability, but as
  2 24 a basis for system improvement and prevention of future
  2 25 errors.  The bill provides that the initiative may utilize
  2 26 exclusive enterprise liability, no=fault compensation,
  2 27 no=fault liability, or liability limitations to protect health
  2 28 care providers who report medical errors that result in a
  2 29 no=harm event or a near miss as means of eliminating the
  2 30 adversarial quality of the current liability system.  The
  2 31 initiative is not to apply to medical errors that involve
  2 32 actions or omissions that constitute negligence, recklessness,
  2 33 or intentional misconduct.
  2 34    The bill defines "medical error", "near miss", and "no=harm
  2 35 event".
  3  1 LSB 6354HH 82
  3  2 rh/nh/8