House Bill hb1219

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    Florida House of Representatives - 2002                HB 1219

        By Representative Bowen






  1                      A bill to be entitled

  2         An act relating to health care; creating the

  3         "Patient Safety Improvement Act"; providing

  4         legislative intent and definitions; creating

  5         the Florida Patient Safety Center; providing

  6         for location and duties of the center;

  7         requiring identifying information in medical

  8         patient records to remain confidential as

  9         provided by law; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Patient safety improvement.--

14         (1)  SHORT TITLE.--This section may be cited as the

15  "Patient Safety Improvement Act."

16         (2)  INTENT.--It is the intent of the Legislature to

17  establish a statewide, academically based center that will

18  serve as the designated resource for patient-safety-related

19  research, education, and policy information for the people and

20  institutions of Florida.

21         (3)  DEFINITIONS.--As used in this section:

22         (a)  "Center" means the Florida Center for Patient

23  Safety.

24         (b)  "Health care provider" means any physician, nurse,

25  pharmacist, occupational therapist, physical therapist,

26  hospital, or other institution, organization, or person that

27  furnishes health care services and is licensed or otherwise

28  authorized to practice or provide health care services in the

29  state.

30         (c)  "Nonidentifying patient safety data" means patient

31  safety data that are presented in a form and manner that

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    Florida House of Representatives - 2002                HB 1219

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  1  prevents the identification of the health care provider or

  2  patient.

  3         (d)  "Patient safety data" means:

  4         1.  Any data, reports, records, memoranda, analyses, or

  5  other quality improvement processes of patient safety events

  6  which are:

  7         a.  Collected or developed by a health care provider;

  8         b.  Reported to a patient safety organization or the

  9  State Patient Safety Database;

10         c.  Contained in or collected by a patient safety

11  organization or the State Patient Safety Database;

12         d.  Requested by a patient safety organization for the

13  purposes of monitoring, researching, or improving patient

14  safety; or

15         e.  Reported to a health care provider by a patient

16  safety organization to assist with quality improvement and

17  patient safety effectiveness.

18         2.  Any information related to corrective actions taken

19  in response to patient safety events listed in subparagraph 1.

20         (e)  "Patient safety event" means an event over which a

21  health care provider could exercise control and which is

22  associated in whole or in part with medical intervention,

23  rather than the condition for which such intervention

24  occurred, and which could result in patient injury or death or

25  any other adverse incident as defined in s. 395.0197, Florida

26  Statutes.

27         (f)  "Patient safety organization" means a public or

28  private organization that does all of the following:

29         1.  Collects and analyzes data or information about

30  patient safety.

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    Florida House of Representatives - 2002                HB 1219

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  1         2.  Reports nonidentifying patient safety data to the

  2  State Patient Safety Database.

  3         3.  Provides direct feedback of patient safety data to

  4  health care providers.

  5         (4)  FLORIDA CENTER FOR PATIENT SAFETY.--

  6         (a)  There is created the Florida Center for Patient

  7  Safety to carry out the duties described in this section.  The

  8  center shall be administratively housed and located at the

  9  Health Sciences Center of the University of South Florida in

10  Tampa.

11         (b)  The center is authorized to:

12         1.  Coordinate public and private resources to conduct

13  and support research in and demonstrations and evaluations of

14  patient safety.

15         2.  Conduct and support research on effective ways to

16  improve and enhance patient safety and participate in the

17  dissemination of the information that is derived from such

18  research to health care providers in training and in practice,

19  health care institutions, patients and their families, and

20  policymakers.

21         3.  Evaluate methods for identifying and promoting

22  patient safety programs.

23         4.  Support dissemination and communication activities

24  to improve and enhance patient safety.

25         5.  Design, conduct, and coordinate studies and surveys

26  to assess aspects of patient safety, including, but not

27  limited to, various clinical, social, and economic outcome or

28  process measures.

29         6.  Develop and test measures and methods for

30  evaluating and enhancing patient safety and promote the use of

31  such measures and methods in practice.

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    Florida House of Representatives - 2002                HB 1219

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  1         7.  Provide technical assistance and gather information

  2  on the use of consumer and patient information, and report on

  3  patient safety and the resulting effects of intervention

  4  policies.

  5         8.  Consult with and develop partnerships, as

  6  appropriate, with all segments of the health care industry,

  7  including health care providers and health care consumers.

  8         9.  Establish a State Patient Safety Database to

  9  collect, support, and coordinate the analysis of

10  nonidentifying patient safety data submitted voluntarily by

11  health care providers and patient safety organizations.

12         10.  Disseminate information developed through analysis

13  of the State Patient Safety Database concerning the existence

14  and causes of practices that affect patient safety, findings

15  and conclusions regarding patient safety events, outcome

16  measures, and evidence-based recommendations to improve

17  patient safety.

18         (c)  The center shall establish a voluntary process

19  which shall include a standardized format to enable health

20  care providers or patient safety organizations to report

21  nonidentifying patient safety data.  In carrying out its

22  responsibilities under this paragraph, the center shall

23  consult with and solicit and consider recommendations from

24  appropriate sectors of the health care community, including

25  health care providers, patient safety organizations, and other

26  relevant experts.

27         (5)  CONFIDENTIALITY.--In the event that any patient

28  safety data collected, managed, or analyzed by the center

29  contain any individual, identifying information relating to

30  patients, such data shall be treated the same as all other

31  patient data pursuant to ss. 119.07, 395.0197, 395.3025,

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    Florida House of Representatives - 2002                HB 1219

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  1  405.03, 408.061, 456.057, and 641.67, Florida Statutes, and

  2  any other provision of law dealing with access to and

  3  confidentiality of medical patient records and shall be used

  4  solely for the purposes of research and the compilation of

  5  information for legislative, regulatory, or other policy

  6  purposes as intended in this section and as authorized and

  7  provided in chapter 405, Florida Statutes.

  8         Section 2.  This act shall take effect July 1, 2002.

  9

10            *****************************************

11                          HOUSE SUMMARY

12
      Creates the "Patient Safety Improvement Act."  Provides
13    legislative intent and definitions.  Creates the Florida
      Patient Safety Center to serve as the designated resource
14    for patient-safety-related research, education, and
      policy information for the people and institutions of
15    Florida and to be administratively housed and located at
      the Health Sciences Center of the University of South
16    Florida in Tampa.  Provides duties of the center,
      including creation of a State Patient Safety Database.
17    Requires identifying information in medical patient
      records to remain confidential as provided by law.  See
18    bill for details.

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