HF 1759

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:54am

A bill for an act
relating to health; requiring reporting of hospital-acquired infections; establishing
an advisory committee; applying sanctions and penalties; proposing coding for
new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.586] HOSPITAL INFECTION DISCLOSURE AND
PREVENTION.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This section may be cited as the Hospital Infections Disclosure
and Prevention Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (a) "Hospital" means any person or entity required to be licensed under sections
144.50 to 144.56.
new text end

new text begin (b) "Hospital-acquired infection" means a localized or systemic condition that results
from a patient's adverse reaction to the presence of an infectious agent or toxin and that
was not present or incubating in the patient at the time of admission to the hospital.
new text end

new text begin Subd. 3. new text end

new text begin Data collection. new text end

new text begin (a) Hospitals must collect data on hospital-acquired
infections and submit that information to the Centers for Disease Control and Prevention's
National Healthcare Safety Network (NHSN), or its successor, in accordance with NHSN
requirements and procedures. Hospitals must begin submitting this data on or before
January 1, 2011.
new text end

new text begin (b) Hospitals must submit the following data to the NHSN:
new text end

new text begin (1) outcome measures endorsed by the National Quality Forum relating to surgical
site infections, postoperative sepsis, ventilator-associated pneumonia, central line-related
bloodstream infections, and catheter-associated urinary tract infections; and
new text end

new text begin (2) infections specified under paragraph (d).
new text end

new text begin (c) Hospitals must provide the commissioner with access to hospital-specific data
that the hospital receives from the NHSN database consistent with the requirements of
this section.
new text end

new text begin (d) A physician who performs a clinical procedure that is required to be reported to
the NHSN under this section must report to the hospital at which the clinical procedure
was performed a hospital-acquired infection that the physician diagnoses at a follow-up
appointment with the patient. The advisory committee established in subdivision 5 must
establish standard criteria and methods for these reports. This information must be
submitted to the commissioner and must be included in the public reports issued by the
commissioner according to subdivision 4.
new text end

new text begin (e) Hospitals must not disclose patient identifying information to NHSN or to the
commissioner in compliance with the reporting requirements of this section.
new text end

new text begin Subd. 4. new text end

new text begin Public reports. new text end

new text begin (a) The commissioner must report annually to the
legislature the data collected under subdivision 3 and must publish the annual report on
the Department of Health Web site. The first annual report must be submitted by April 30,
2012. Following the initial report, the commissioner must update the public information
available on the department's Web site on a quarterly basis.
new text end

new text begin (b) Reports issued by the commissioner must be risk adjusted, or use some other
method to account for the differences in patient populations among hospitals.
new text end

new text begin (c) The annual report must compare hospital-acquired infection rates among
hospitals in the state. The commissioner, in consultation with the advisory committee,
must make this comparison easily understood by the general public. The report shall also
include an executive summary, written in plain language that must include, but is not
limited to, a discussion of findings, conclusions, and trends concerning the overall state
of hospital-acquired infections in the state, including a comparison to prior years. The
report may include policy recommendations, as appropriate.
new text end

new text begin (d) The commissioner must publicize the report and its availability to interested
parties including, but not limited to, hospitals, providers, media organizations, health
insurers, health maintenance organizations, health insurance purchasers, organized labor
unions, consumer or patient advocacy groups, and individual consumers.
new text end

new text begin (e) No hospital report or disclosure may contain information identifying a patient,
employee, or licensed health care professional in connection with a specific infection
incident.
new text end

new text begin Subd. 5. new text end

new text begin Advisory committee. new text end

new text begin (a) The commissioner must appoint an advisory
committee that includes representatives from public and private hospitals, infection
control professionals, direct care nursing staff, physicians, epidemiologists with expertise
in hospital-acquired infections, academic researchers, consumer organizations, health
insurers, health maintenance organizations, organized labor unions, and group health
insurance purchasers. The advisory committee must have a majority of members
representing interests other than hospitals.
new text end

new text begin (b) The advisory committee must assist the commissioner in the development of
all aspects of collecting, analyzing, and disclosing the information obtained under this
section, including the methods and means for release and dissemination of the information.
new text end

new text begin (c) The commissioner, in cooperation with the advisory committee, must evaluate
on a regular basis the quality and accuracy of hospital information collected under this
section and the data collection, analysis, and dissemination methodologies.
new text end

new text begin (d) The commissioner may, after consultation with the advisory committee, require
hospitals to submit data on additional types of hospital-acquired infections to those
required in subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Regulatory oversight. new text end

new text begin The commissioner has authority to ensure hospital
compliance with this section as a condition of licensure under section 144.50.
new text end

new text begin Subd. 7. new text end

new text begin Penalties. new text end

new text begin If a hospital violates the provisions of this section, the
commissioner may:
new text end

new text begin (1) terminate the hospital's license or impose other sanctions relating to licensure as
permitted under section 144.50; or
new text end

new text begin (2) impose a civil monetary penalty of up to $1,000 per day per violation for each
day the hospital is in violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2010.
new text end