House Bill #5818 (2017)

AN ACT RELATING TO HEALTH AND SAFETY - THE RHODE ISLAND PATIENT SAFETY ACT OF 2008

Amends the definition of "Patient safety work product" to conform with the federal "Patient Safety and Quality Improvement Act of 2005".

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Changes since original draft

  • 2017 – H 5818
  • 2017 – H 5818 SUBSTITUTE A AS AMENDED
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  • LC001300
  • LC001300/SUB A
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  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATINGTO HEALTH AND SAFETY - THE RHODE ISLAND PATIENT SAFETY ACT
  • OF 2008
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO HEALTH AND SAFETY - THE RHODE ISLAND PATIENT SAFETY ACT
  • OF 2008
  • Introduced By: Representative K. Joseph Shekarchi
  • Date Introduced: March 02, 2017
  • Referred To: House Health, Education & Welfare
  • (by request)
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 23-17.21-4 of the General Laws in Chapter 23-17.21 entitled "The Rhode Island Patient Safety Act of 2008"is hereby amended to read as follows:
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 23-17.21-4 of the General Laws in Chapter 23-17.21 entitled "The Rhode Island Patient Safety Act of 2008" is hereby amended to read as follows:
  • 23-17.21-4. Definitions.
  • For the purposes of this chapter, the following terms shall have the following meanings:
  • (a) "Department" means the Rhode Island department of health.
  • (b) "Director" means the director of the Rhode Island department of health.
  • (c) "Health care facility" means any corporation, limited liability company, facility, or institution licensed by this state to provide health care or professional services, or an officer, employee or agent thereof acting in the course and scope of his or her employment.
  • (d) "Near misses" means circumstances in which a patient safety event is narrowly averted.
  • (e) "Patient safety activities" means: (1) efforts to improve patient safety and the quality of health care delivery; (2) the collection and analysis of patient safety work product; (3) the development and dissemination of information with respect to improving patient safety, such as recommendations, protocols, or information regarding best practices; (4) the utilization of patient safety work product for the purposes of encouraging a culture of safety and of providing feedback and assistance to effectively minimize patient risk; (5) the maintenance of procedures to preserve confidentiality with respect to patient safety work product; and (6) the provision of appropriate security measures with respect to patient safety work product.
  • (f) "Patient safety event" means those events as defined by the national quality forum, institute of medicine, center for Medicare and Medicaid Services (CMS), and as further defined by the quality of care advisory committee, as established herein, and shall include near misses.
  • (g) "Patient safety organization (PSO)" means any public or private organization certified by the director, or component of any such organization, whose activity is to improve patient safety and the quality of health care delivery for patients receiving care through the collection, aggregation, analysis, investigation, and/or processing of medical or health care related information submitted to it by reporting entities. A PSO shall not mean any agency or public body as defined in subsection 38-2-2(i).
  • (h) "Patient safety work product" means all reports, records, memoranda, analyses, statements, root cause analyses, or and written or oralstatements, that:(1) a health care facility or provider prepares for the purpose of disclosing a patient safety event, or and is disclosed, to a patient safety organization; (2) is received from a reporting entity, or is created or and analyzed by a patient safety organization; or (3) directly or indirectly contains deliberations, analytical process, recommendations, conclusions, or other communications of a patient safety organization or and between a patient safety organization and health care providers or facilities.
  • (h) "Patient safety work product" means all reports, records, memoranda, analyses, statements, root cause analyses, or and written or oral statements, that: (1) a health care facility or provider prepares for the purpose of disclosing a patient safety event, or and is disclosed, to a patient safety organization; (2) is received from a reporting entity, or and is created or and analyzed by a patient safety organization; or (3) directly or indirectly contains deliberations, analytical process, recommendations, conclusions, or other communications of a patient safety organization or and between a patient safety organization and health care providers or facilities.
  • (i) "Identifiable patient safety work product" means patient safety work product that: (1) is presented in a form and manner that allows the identification of any provider or reporting entity that is a subject of the work product, or any providers or reporting entities that participate in activities that are a subject of the work product; (2) constitutes individually identifiable health information as that term is defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts 160-164); or (3) is presented in a form and manner that allows the identification of an individual.
  • (j) "Nonidentifiable patient safety work product" means patient safety work product that is not identifiable patient safety work product as defined in subsection (h) herein.
  • (k) "Reporting entities" means all hospitals, nursing facilities, and freestanding ambulatory surgical centers licensed under chapter 23-17.
  • SECTION 2. This act shalltake effect upon passage and shallapply prospectively only to cases filed on or after the date of passage.
  • SECTION 2. This act shall take effect upon passage.
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  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T RELATINGTO HEALTH AND SAFETY - THE RHODE ISLAND PATIENT SAFETY ACT
  • A N A C T
  • RELATING TO HEALTH AND SAFETY - THE RHODE ISLAND PATIENT SAFETY ACT
  • OF 2008
  • ***
  • This act would amend the definition of "Patient safety work product"to conform with the federal"Patient Safety and Quality Improvement Act of 2005".
  • This act would take effect upon passage and would apply prospectively only to cases filed on or after the date of passage. ======== LC001300 ========
  • LC001300 - Page 3of 3
  • This act would amend the definition of "Patient safety work product" to conform with the federal "Patient Safety and Quality Improvement Act of 2005".
  • This act would take effect upon passage. ======== LC001300/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

June 01, 2017 at 4:38pm
Yeas: 73 / Nays: 0 / Not voting: 2 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson Y
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz Y
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard Y
Rep. Johnston Y
Rep. Kazarian NV
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca Y
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes NV
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price Y
Rep. Quattrocchi Y
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y