Establishes the medical harm disclosure act requiring the reporting of medical harm events occurring at hospitals

Summary of provisions

Section 1 this act shall be known and cited as the "medical harm disclosure act."

Section 2 amends the public health law by adding a new title 1-A. 2997-f requires hospitals to report a medical harm event to the department not later than five days after the event has been detected. The report shall indicate the level of medical harm to the patient. Each hospital shall create facility-wide patient safety programs to routinely review patient records for medical harm. Each hospital shall inform the patient, the party responsible for the patient, or an immediate adult family member in cases of death or serious bodily injury. Also, each hospital shall interview patients, family members, and/or parties responsible for the patient about medical harm events. If the medical harm event contributed to the death of a patient, it shall be included as a contributing cause on the patient's death certificate.

§ 2997-g creates the medical harm disclosure advisory committee. The commissioner shall appoint members representing various areas of medicine. The committee shall assist the department in the development of all aspects of the department's methodology for analyzing the information collected under this title. Meetings of the committee shall be open to the public.

§ 2997-h directs the department, with the advice of the Medical harm disclosure advisory committee, to develop guidelines for hospitals to identify medical harm events. The department shall create standardized reporting formats for hospitals to use to comply with all provisions of this title. The data collection, analysis and validation methodologies shall be. disclosed to the public.

§ 2997-i each quarter the department shall publish details of the fines assessed to hospitals for failure to report medical harm events. Also, the department shall annually submit a report to the legislature detailing medical harm events reported at each hospital. The report shall be published on the department's website at the same time it is submitted to the legislature.

§ 2997-j declares the expressed intent of the legislature that a patient's right of confidentiality shall not be violated in any manner.

§ 2997-k provides protection for employees taking action in furtherance of the enforcement of the provisions of this title.

§ 2997-l creates a patient safety trust fund. The commissioner shall use the fund for regulatory oversight and public accountability for safe health care. Also, there will be an annual patient safety surcharge on licensing fees charged to those medical facilities required to report.

§ 2997-m the department shall make an on site inspection, within forty-eight hours or two business days, when they receive a report from a hospital that indicates an ongoing threat or imminent danger of death or serious bodily harm.

§ 2997-n provides oversight information.

§ 2997-o requires the department to promote public awareness regarding where and how consumers can file complaints about hospitals.

Section 3 amends the public health law by adding, provisions relating to when a hospital operating certificate may be revoked, suspended or annulled.

Section 4 amends the state finance law by adding a new section creating the patient safety trust fund established in joint custody of the Commissioner of Taxation and Finance and the Comptroller.

Justification

According to the federal Centers for Disease Control and Prevention, each year an estimated 99,000 deaths are associated with Health care acquired infections. Many of these infections are preventable and deaths from hospital-acquired infections are occurring in New York State. Alice M. Brennan, an eighty-eight year old woman from Lockport, lost her life to three preventable infections acquired while under the care of health care facilities.

Alice maintained an independent and active life style up until her initial hospital visit. In July of 2009, she went to the hospital for pain and swelling in her right leg. Alice was diagnosed with gout, hospitalized briefly then sent to a nursing home for rehabilitation. The medication prescribed to her was known to cause severe adverse drug effects in elder patients. Neither the hospital or rehabilitation pharmacy intercepted this dangerous medication. Before her unfortunate death six weeks later, Alice contracted three separate hospital-acquired infections.

There is a significant cost in lives and dollars resulting from medical harm. A November 2010 study by the U.S. Health and Human Services Office of the Inspector General estimated $4.4 billion in extra hospital costs to Medicare patients. Patients who have been harmed and their families have a right to know the details about medical harm when it occurs. Efforts must be made to reduce and eliminate medical harm by identifying problem and implementing solutions to promote patient safety.

Prior legislative history

S6807 of 2011-12; Referred to Health

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.