SB 382 Requires hospitals to report adverse health events to a patient safety organization for review
Sponsor: Schaefer
LR Number: 1864S.01I Fiscal Note:
Committee: Health, Mental Health, Seniors and Families
Last Action: 4/21/2009 - Hearing Cancelled S Health, Mental Health, Seniors and Families Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary

SB 382 - This act requires hospitals to report whenever they have a "serious reportable event in health care," as identified by the National Quality Forum. Such events include wrong-site surgery, retention of a foreign object in a patient after surgery, and death or serious disability associated with medication error.

The procedure for hospitals reporting such events to a patient safety organization are prescribed in the act. The requirements for a patient safety organization are also prescribed in the act. The patient-identifying data shall be redacted from information provided to the patient safety organization. The initial report of the event shall be reported to the patient safety organization no later than the close of business on the next business day following discovery of the incident. The initial report shall include a description of immediate actions taken by the hospital to minimize the risk of harm to patients and prevent reoccurrence. Within 45 days after the event occurred, the hospital shall submit to the patient safety organization a root cause analysis and a prevention plan.

The patient safety organization shall assess the information provided from the hospital and furnish the hospital with findings and recommendations as to how to prevent future incidents.

The patient safety organization shall publish an annual report to the public on reportable incidents. The report shall show the number and rate per patient encounter by region and by category of reportable incident and may identify reportable incidents by type of facility. For purposes of the report, the state shall be divided into no fewer than three regions, with the St. Louis metropolitan statistical area being one of the regions.

This act provides for certain legal protections of patient safety organization documents. The proceedings and records of the organization shall not be subject to discovery or introduction into evidence in any civil action against a provider. However, information otherwise available from original sources shall not be immune from discovery or use in any civil action if they were presented during a patient safety organization meeting. Patient safety work product shall be privileged and confidential pursuant to the federal Patient Safety and Quality Improvement Act of 2005.

This act is similar to HCS/SS/SCS/SB 306 (2009), HCS/HB 497 (2009), SB 916 (2008), and SB 578 (2007).