HB 1061 -- Patient Safety and Medical Errors

Sponsor:  Cooper (155)

This bill requires hospitals to report certain patient safety
incidents to a patient safety organization no later than the
close of business on the next business day after the incident is
discovered.  In its main provisions, the bill:

(1)  Defines "identifiable information," "nonidentifiable
information," "patient safety organization," "patient safety work
product," "reportable incident," "reportable incident prevention
plan," "root cause analysis," and "serious reportable event in
health care";

(2)  Requires the hospital's initial report to include actions
taken to minimize the risk of harm to patients and prevent a
reoccurrence;

(3)  Requires the hospital to submit a completed root cause
analysis and reportable incident prevention plan to the patient
safety organization within 20 days;

(4)  Requires the patient safety organization to forward the
incident report, description of immediate actions taken, root
cause analysis, and reportable incident prevention plan to the
Department of Health and Senior Services;

(5)  Requires the department to investigate the incident,
determine if the hospital's response and plan are sufficient to
reduce the risk of future incidents, and ensure that the plan is
being followed and the results are reviewed.  The department must
also periodically review the patient safety organization
regarding report submissions and reviews;

(6)  Specifies that the department can charge a fee for
investigating and responding to incident reports;

(7)  Specifies that if a reportable incident is disclosed and an
incident prevention plan and root cause analysis are submitted
and approved by the department, the incident will not be
considered grounds for licensure deficiency;

(8)  Requires the department to consult with patient safety
organizations and hospital representatives to establish criteria
to identify cases in which reportable incidents have occurred in
a hospital with a frequency or possible pattern of negative
outcomes that require departmental intervention to protect the
public.  The department can impose license sanctions against
hospitals based on the reportable incidents as specified in the
bill;

(9)  Requires the patient safety center to work with the
department to publish an annual report on reportable incidents;

(10)  Specifies that a hospital can report other adverse events
to a patient safety organization and the department and these
reports will be subject to the same protections and requirements
as reportable incidents;

(11)  Specifies that actions, decisions, proceedings,
discussions, or deliberations occurring at a patient safety
organization meeting will not be disclosed, except to carry out
the purposes of the organization;

(12)  Specifies that a patient safety work product is privileged
and confidential and will not be disclosed for any purpose
including any criminal, civil, or administrative proceeding;

(13)  Prohibits the discovery, disclosure, or admission into
evidence of a patient safety work product.  If the product is
admitted into evidence, it constitutes grounds for a mistrial or
similar termination of the proceeding;

(14)  Requires a patient safety organization to create
educational and evidence-based information that providers can use
to improve care; and

(15)  Specifies that a provider furnishing services to a patient
safety organization will not be liable for civil damages unless
the act, omission, decision, or other conduct is done with
malice, fraudulent intent, or in bad faith.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am