HF 4548

as introduced - 91st Legislature (2019 - 2020) Posted on 04/14/2020 11:19am

A bill for an act
relating to health care; establishing requirements for health care providers whose
act or omission causes a health-care-associated infection; proposing coding for
new law in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.351] HEALTH-CARE-ASSOCIATED INFECTIONS CAUSED BY
HEALTH CARE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Health care provider" or "provider" has the meaning given in section 62J.03,
subdivision 8.
new text end

new text begin (c) "Health-care-associated infection" means a bacterial, fungal, viral, or other pathogenic
infection a patient developed while the patient was receiving health care for another health
condition and includes a surgical site infection, ventilator-associated pneumonia, a
central-line-associated bloodstream infection, a C. difficile infection, or a catheter-associated
urinary tract infection.
new text end

new text begin (d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
new text end

new text begin (e) "Health plan" has the meaning given in section 62A.011, subdivision 3, and does
not include coverage provided under medical assistance, MinnesotaCare, or Medicare.
new text end

new text begin Subd. 2. new text end

new text begin Health care provider duties. new text end

new text begin If a patient covered by a health plan develops a
health-care-associated infection following a surgical procedure or use of a catheter, ventilator,
or central line on the patient, and if the health-care-associated infection was caused by an
act or omission of the provider in the surgical procedure; use of a catheter, ventilator, or
central line; or follow-up care, the provider:
new text end

new text begin (1) must, in compliance with accepted medical standards, either:
new text end

new text begin (i) provide the patient with the health care needed to treat or cure the
health-care-associated infection; or
new text end

new text begin (ii) if the patient so requests or if necessary to meet the patient's health care needs,
transfer the patient to another provider of the patient's choosing for the health care needed
to treat or cure the health-care-associated infection;
new text end

new text begin (2) must pay the provider to whom the patient is transferred for the cost of the health
care provided by the other provider to treat or cure the health-care-associated infection, if
the patient is transferred to another provider; and
new text end

new text begin (3) shall not bill the patient or the patient's health carrier for the cost of providing the
patient with the health care needed to treat or cure the health-care-associated infection, or
for the cost of the health care provided by the other provider to treat or cure the
health-care-associated infection if the patient is transferred to another provider.
new text end