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: (1) study and develop quality indicators for
infections; (2) publish the indicators; and (3) report to the health
finance commission before September 1, 2007 and September 1, 2008,
concerning the implementation of the program.
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.
A BILL FOR AN ACT to amend the Indiana Code concerning
meaning set forth in IC 16-40-5-2.
has sufficient procedures in place to allow the agency to fairly,
objectively, and accurately perform the duties set forth in the
agency's contract 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. 4. A health care facility, a health care professional, or an individual may file with the agency referred to in section 3 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. 5. (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.
(b) The agency may not disclose to a person outside of the agency the contents of:
(1) communications to the agency;
(2) agency records; or
(3) agency determinations;
that are generated, undertaken, or performed as a result of a report described in section 4 of this chapter or under the agreement described in section 3(a) of this chapter.
(c) A person who has participated in an agency proceeding or deliberation may not disclose to a person outside of the agency:
(1) matters or opinions related to the agency's proceedings or deliberations; or
(2) the contents of any confidential or privileged information that the person obtains and that consists of information that was not provided to the agency by the person.
However, the person may disclose information that the person provided to the agency.
(d) The agency may disclose information concerning patient
safety or quality of health care matters addressed in the agreement
described in section 3(a) of this chapter 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. 6. The state department may adopt rules under IC 4-22-2 to administer this chapter.
Sec. 7. This chapter expires June 30, 2010.
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 the following for purposes of patient safety or quality of health care matters in the agreement:
(1) Communications to the peer review committee.
(2) Peer review committee proceedings.
(3) Peer review committee records.
(4) Determinations by the peer review committee.
Except as provided in subsection (f), information and materials disclosed to the agency under this subsection are confidential and privileged, and the agency may not use or provide the information or material to anyone for use as evidence in an administrative or a judicial proceeding. However, the agency may issue a report that is based upon information submitted or disclosed to the agency by a peer review committee if the report or any other information released does not disclose the identity of the health care facility, health care provider, or patient.
(f) 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 agency without:
(1) violating this section; or
(2) waiving the confidentiality or privilege attached to the communications, proceedings, records, or deliberations of the peer review committee.