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H0618.................................................by HEALTH AND WELFARE HEALTH CARE FACILITIES - Adds to existing law relating to health care facilities; to provide a short title; to provide definitions; to require that each individual health care facility submit a quarterly infection rate report to the Department of Health and Welfare; to specify information to be submitted; to require that each individual health care facility submit an annual report to the Department of Health and Welfare and to the Public Health District in which the facility is located; to require the Department of Health and Welfare to evaluate the submitted data on a regular basis; to provide for the appointment of an advisory committee, its memberships and its responsibilities; to require that the Department of Health and Welfare submit annual reports; to require that the health care facility and department reports be made public; and to provide for privacy of individual information contained in the health care facility and the department reports. 02/09 House intro - 1st rdg - to printing 02/10 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 618 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO HEALTH CARE FACILITIES; AMENDING CHAPTER 14, TITLE 39, IDAHO CODE, 3 BY THE ADDITION OF NEW SECTIONS 39-1418, 39-1419, 39-1420, 39-1421 AND 4 39-1422, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE DEFINITIONS, TO 5 REQUIRE THAT EACH INDIVIDUAL HEALTH CARE FACILITY SUBMIT A QUARTERLY 6 INFECTION RATE REPORT TO THE DEPARTMENT OF HEALTH AND WELFARE, TO SPECIFY 7 INFORMATION TO BE SUBMITTED, TO REQUIRE THAT THE REPORTS BE MADE PUBLIC, 8 TO REQUIRE EACH INDIVIDUAL HEALTH CARE FACILITY TO SUBMIT AN ANNUAL REPORT 9 TO THE DEPARTMENT AND TO THE PUBLIC HEALTH DISTRICT IN WHICH THE FACILITY 10 IS LOCATED, TO REQUIRE THE DEPARTMENT TO EVALUATE THE SUBMITTED DATA ON A 11 REGULAR BASIS, TO REQUIRE THAT THE HEALTH CARE FACILITY'S ANNUAL REPORT BE 12 MADE PUBLIC, TO PROVIDE FOR THE APPOINTMENT OF AN ADVISORY COMMITTEE AND 13 TO PROVIDE ITS MEMBERSHIP AND ITS RESPONSIBILITIES, TO REQUIRE THAT THE 14 DEPARTMENT SUBMIT ANNUAL REPORTS, TO PROVIDE THE PROCEDURE FOR SO DOING 15 AND TO REQUIRE THAT THE DEPARTMENT'S ANNUAL REPORT BE MADE PUBLIC AND TO 16 PROVIDE FOR PRIVACY OF INDIVIDUAL INFORMATION CONTAINED IN THE HEALTH CARE 17 FACILITY AND THE DEPARTMENT REPORTS. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Chapter 14, Title 39, Idaho Code, be, and the same is 20 hereby amended by the addition thereto of a NEW SECTIONS, to be known and des- 21 ignated as Sections 39-1418, 39-1419, 39-1420, 39-1421 and 39-1422, Idaho 22 Code, and to read as follows: 23 39-1418. SHORT TITLE. This act may be referred to and cited as the "Idaho 24 Health Care Facilities Infections Disclosure Act." 25 39-1419. DEFINITIONS. (1) "Act" means this "Idaho Health Care Facilities 26 Infections Disclosure Act." 27 (2) "Department" means the department of health and welfare. 28 (3) "Health care facility" or "HCF" means a full or limited service hos- 29 pital or ambulatory surgery center. 30 (4) "HCF acquired infection" means a localized or systemic condition 31 that: 32 (a) Results from an adverse reaction to the presence of an infectious 33 agent or its toxin; and 34 (b) Was not present or incubating at the time of admission to the health 35 care facility. 36 39-1420. HCF REPORTS. (1) Individual HCFs shall collect and maintain data 37 on HCF acquired infection rates for specific clinical procedures determined by 38 the department by rule, including the following types of infections: 39 (a) Surgical site infections; 40 (b) Ventilator associated pneumonia; 41 (c) Central line related bloodstream infections; 2 1 (d) Urinary tract infections; and 2 (e) Other types of infections determined by the department by rule. 3 (2) HCFs shall submit quarterly reports on their HCF acquired infection 4 rates to the department. Quarterly reports shall be submitted, in a format set 5 forth in rules adopted by the department, to the department by April 30, July 6 31, October 31, and January 31 of each year for the previous quarter. Data in 7 quarterly reports must cover a period ending not earlier than one (1) month 8 prior to submission of the report. Quarterly reports shall be made available 9 to the public at each HCF and through the department. The first quarterly 10 report shall be due on October 31, 2006. 11 (3) If the HCF is a division or subsidiary of another entity that owns or 12 operates other HCFs or organizations, the quarterly report shall be for the 13 specific division or subsidiary and not for the other entity. 14 (2) (a) Each HCF shall submit to the department and to the public health 15 department in the public health district in which the HCF is located an 16 annual report on its HCF acquired infections rates. The annual report 17 shall be submitted in a format determined by the department by rule. The 18 annual report shall be submitted to the department beginning on or before 19 December 31, 2007, and on or before December 31 of each year thereafter, 20 and shall cover the HCF's acquired infection rate for the year ending not 21 earlier than one (1) month prior to the submission of the report. The 22 department shall evaluate on a regular basis the quality and accuracy of 23 the data collected and submitted by a HCF under this section and the 24 methodologies for data collection, analysis and dissemination. 25 (b) Each annual report submitted by a HCF shall be made immediately 26 available to the public upon request and at no charge by each HCF, by the 27 department and by the public health department in the district in which 28 the HCF is located. 29 (3) (a) The director of the department shall appoint an advisory commit- 30 tee, including representatives from public and private HCFs, including 31 from HCF infection control departments, direct care nursing staff, physi- 32 cians, epidemiologists with expertise in HCF acquired infections, academic 33 researchers, consumer organizations, health insurers, health maintenance 34 organizations, organized labor, and purchasers of insurance, such as 35 employers. The advisory committee shall have a majority of members repre- 36 senting interests other than HCFs. 37 (b) The advisory committee shall assist the department in the development 38 of all aspects of the department's methodology for collecting, analyzing 39 and disclosing the information collected under this act, including collec- 40 tion methods, formatting and methods and means for release and dissemina- 41 tion. 42 (c) In developing the methodology for collecting and analyzing the HCF 43 acquired infection rate data, the department shall consider existing 44 methodologies and systems for data collection, such as the centers for 45 disease control's national nosocomial infection surveillance program, or 46 its successor. However, the department's discretion to adopt a methodology 47 shall not be limited or restricted to any existing methodology or system. 48 The department's data collection and analysis methodology shall be dis- 49 closed to the public prior to any public disclosure of HCF acquired infec- 50 tion rates. 51 (d) The department and the advisory committee shall evaluate on a regular 52 basis the quality and accuracy of HCF information reported under this act 53 and the data collection, analysis and dissemination methodologies. 54 39-1421. DEPARTMENT REPORTS. (1) The department shall annually submit to 3 1 the legislature a report summarizing the HCF quarterly reports and shall pub- 2 lish the annual report on its website. The first annual report shall be sub- 3 mitted and published in 2007. The department may issue quarterly informational 4 bulletins at its discretion, summarizing all or part of the information sub- 5 mitted in the HCF quarterly reports. 6 (2) All reports issued by the department shall be risk adjusted using 7 common methodology. 8 (3) The annual report shall compare the risk adjusted HCF acquired infec- 9 tion rates collected under section 39-1420, Idaho Code, for each individual 10 HCF in Idaho. The department, in consultation with the advisory committee, 11 shall make this comparison as easy to comprehend as possible. The report shall 12 include an executive summary, written in plain language, that shall include, 13 but not be limited to, discussion of findings, conclusions and trends concern- 14 ing the overall state of HCF acquired infections in Idaho, including a compar- 15 ison to prior years. The report may include policy recommendations where 16 appropriate. 17 (4) The department shall publicize the report and its availability as 18 widely as practical to interested parties, including, but not limited to, 19 HCFs, providers, media organizations, health insurers, health maintenance 20 organizations, purchasers of health insurance, organized labor, consumer or 21 patient advocacy groups, and individual consumers. The annual report shall be 22 made available to any person upon request. 23 (5) No HCF report or department disclosure may contain information iden- 24 tifying a patient, employee, or licensed health care professional in connec- 25 tion with a specific infection incident. 26 39-1422. PRIVACY -- REGULATORY OVERSIGHT. (1) It is the expressed intent 27 of the legislature that a patient's right of confidentiality shall not be vio- 28 lated in any manner. Patient social security numbers and any other information 29 that could be used to identify an individual patient shall not be released 30 notwithstanding any other provision of law. 31 (2) The department shall be responsible for ensuring compliance with this 32 act. If a HCF fails to report, the department annual report shall state that 33 the HCF did not comply with this act.
STATEMENT OF PURPOSE RS 15939 This legislation, titled the Health Care Facilities Infections Disclosure Act, requires that certain infection rates be reported to the Department of Health and Welfare on a quarterly basis. FISCAL IMPACT The estimated annual cost to the general fund to comply with this act is $50,000.00. CONTACT Name: Representatives McGeachin, Rusche Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 618