Citations Affected: IC 16-18; IC 16-40; IC 34-30; noncode.
Synopsis: Medical adverse event reporting. Requires the state
department of health, subject to appropriation by the general assembly,
to enter into an agreement with an agency to collect, analyze, interpret,
and disseminate findings on a statewide basis until June 30, 2010,
regarding patient safety. Makes it voluntary for certain persons to
submit information to the agency and makes the reports and certain
other information confidential and privileged. Requires the state
department of health to use standards for infections that have been
adopted by a national consensus organization and report to the health
finance commission before September 1, 2007, and September 1, 2008,
concerning the implementation of the program. Provides that the
information remains confidential if the program expires or is repealed.
Effective: July 1, 2007.
January 8, 2007, read first time and referred to Committee on Health and Provider
February 22, 2007, amended, reported favorably _ Do Pass.
February 26, 2007, read second time, amended, ordered engrossed. Engrossed.
February 27, 2007, read third time, passed. Yeas 47, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
meaning set forth in IC 16-28-13-0.5.
(c) "Health care facility", for purposes of IC 16-40-5, has the meaning set forth in IC 16-40-5-2.
statewide basis regarding patient safety that are based on
confidential and privileged information voluntarily submitted to
the agency by:
(1) a health care facility;
(2) a health care professional; or
(3) an individual.
(b) The state department shall ensure that the agency's board has sufficient procedures in place to allow the agency to fairly, objectively, and accurately perform the duties set forth in the agency's agreement under this chapter with the state department.
(c) Information submitted by the agency to the state department may not contain information that identifies the health care provider or the patient.
(d) The agency shall analyze data, develop policies, and disseminate and assist in the implementation of procedures that enhance patient safety.
Sec. 5. A health care facility, a health care professional, or an individual may file with the agency referred to in section 4 of this chapter a report that alleges that a health care facility or a health care professional, by an action taken or a failure to act, caused or could have caused harm to a patient, including harm that resulted from or could have resulted from:
(1) an adverse drug event; or
(2) an unexpected infection, including an infection that was probably acquired in the health care facility.
Sec. 6. (a) Except as provided in subsections (d) and (e), the following are confidential and privileged from use as evidence in an administrative or a judicial proceeding:
(1) Oral or written information or reports given to the agency.
(2) Proceedings, records, deliberations, and findings of the agency;
that are generated, undertaken, or performed as a result of a report described in section 5 of this chapter or under the agreement described in section 4(a) of this chapter.
(b) Neither the personnel of the agency nor any participant or witness in an agency proceeding or deliberation may disclose to a person outside of the agency the contents of:
(1) communications to the agency;
(2) agency records; or
(3) agency findings;
that are generated, undertaken, or performed as a result of a report described in section 5 of this chapter or under the
agreement described in section 4(a) of this chapter.
(c) Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because it was presented during proceedings or deliberations of the agency. Neither the personnel of the agency nor any participant or witness in any agency proceeding or deliberation may be prevented from testifying:
(1) as to matters within the individual's own knowledge; and
(2) in accordance with the other provisions of this chapter.
However, a witness cannot be questioned about testimony on other matters before the agency or about opinions formed by the witness as a result of the agency's proceedings or deliberations.
(d) The agency may disclose information concerning patient safety or quality of health care matters addressed in the agreement described in section 4(a) of this chapter, including information reported to the agency by a health care facility, a health care professional, or an individual, if the information does not disclose any of the following:
(1) The identity of the health care facility, health care provider, or patient.
(2) The identity of a person that provided information to the agency.
(3) Information that could reasonably be expected to result in the identification of a health care facility, health care provider, patient, or person that has provided information to the agency.
(e) Information or material that is confidential and privileged under this section may be used as evidence in a criminal proceeding only if the court first makes an in camera determination that the information:
(1) is relevant to the criminal proceeding;
(2) is material to the proceeding; and
(3) is not reasonably available from another source.
Sec. 7. The state department may adopt rules under IC 4-22-2 to administer this chapter.
Sec. 8. This chapter expires June 30, 2010.
participant in a committee proceeding shall reveal any content of:
(1) communications to;
(2) the records of; or
(3) the determination of;
a peer review committee outside of the peer review committee.
(d) However, the governing board of:
(1) a hospital;
(2) a professional health care organization;
(3) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11); or
(4) a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization (as defined in IC 27-13-34-4);
may disclose the final action taken with regard to a professional health care provider without violating the provisions of this section.
(e) Upon approval by the health care facility's governing body, the peer review committee of a health care facility (as defined in IC 16-40-5-2) may submit or disclose to the agency (as defined in IC 16-40-5-1) the following for purposes of patient safety or quality of health care matters under IC 16-40-5:
(1) Communications to the peer review committee.
(2) Peer review committee proceedings.
(3) Peer review committee records.
(4) Determinations by the peer review committee.
Information and materials submitted or disclosed to the agency under this subsection are confidential and privileged from use as evidence in an administrative or judicial proceeding, and notwithstanding IC 16-40-5, the agency may not release the information or material outside the agency. However, the agency may issue a report that is based upon information or materials submitted or disclosed to the agency by a peer review committee if the report or any other information issued does not disclose the identity of the health care facility, health care provider, or patient. Information and materials may be submitted or disclosed to the agency under this subsection without violating this section or waiving the confidentiality and privilege attached to the communications, proceedings, records, determinations, or deliberations of the peer review committee.
(f) Upon its determination, the governing body of a hospital may report, as part of the hospital's quality assessment and improvement program, a determination of a peer review
committee of the hospital regarding an adverse event concerning
patient care to the state department of health or another state
(1) violating this section; or
(2) waiving the confidentiality and privilege attached to the communications, proceedings, records, determinations, or deliberations of the peer review committee.