SF 2866

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to health; modifying provisions for the statewide trauma system; 1.3amending Minnesota Statutes 2008, sections 13.3806, subdivision 13; 144.603; 1.4144.605, subdivisions 2, 3, by adding a subdivision; 144.608, subdivision 1; 1.5proposing coding for new law in Minnesota Statutes, chapter 144; repealing 1.6Minnesota Statutes 2008, section 144.607. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8    Section 1. Minnesota Statutes 2008, section 13.3806, subdivision 13, is amended to 1.9read: 1.10    Subd. 13. Traumatic injury. Data on individuals with a brain or spinal injury new text begin or new text end 1.11 new text begin who sustain major trauma that are new text end collected by the commissioner of health are classified 1.12under section new text begin sections 144.6071 and new text end 144.665. 1.13    Sec. 2. Minnesota Statutes 2008, section 144.603, is amended to read: 1.14144.603 STATEWIDE TRAUMA SYSTEM CRITERIA. 1.15    Subdivision 1. Criteria established. The commissioner shall adopt criteria to 1.16ensure that severely injured people are promptly transported and treated at trauma 1.17hospitals appropriate to the severity of injury. Minimum criteria shall address emergency 1.18medical service trauma triage and transportation guidelines as approved under section 1.19144E.101, subdivision 14 , designation of hospitals as trauma hospitals, interhospital 1.20transfers, a trauma registry, and a trauma system governance structure. 1.21    Subd. 2. Basis; verification. The commissioner shall base the establishment, 1.22implementation, and modifications to the criteria under subdivision 1 on the 1.23department-published Minnesota comprehensive statewide trauma system plan. The 1.24commissioner shall seek the advice of the Trauma Advisory Council in implementing 2.1and updating the criteria, using accepted and prevailing trauma transport, treatment, 2.2and referral standards of the American College of Surgeons, the American College of 2.3Emergency Physicians, the Minnesota Emergency Medical Services Regulatory Board, 2.4the national Trauma Resources Network new text begin Center Association of America new text end , and other widely 2.5recognized trauma experts. The commissioner shall adapt and modify the standards as 2.6appropriate to accommodate Minnesota's unique geography and the state's hospital and 2.7health professional distribution and shall verify that the criteria are met by each hospital 2.8voluntarily participating in the statewide trauma system. 2.9    Subd. 3. Rule exemption and report to legislature. In developing and adopting 2.10the criteria under this section, the commissioner of health is exempt from chapter 14, 2.11including section 14.386. By September 1, 2009, the commissioner must report to the 2.12legislature on implementation of the voluntary trauma system, including recommendations 2.13on the need for including the trauma system criteria in rule. 2.14    Sec. 3. Minnesota Statutes 2008, section 144.605, subdivision 2, is amended to read: 2.15    Subd. 2. Designation; reverification. The commissioner shall designate four new text begin six new text end 2.16levels of trauma hospitals. A hospital that voluntarily meets the criteria for a particular 2.17level of trauma hospital shall apply to the commissioner for designation and, upon the 2.18commissioner's verifying the hospital meets the criteria, be designated a trauma hospital 2.19at the appropriate level for a three-year period. Prior to the expiration of the three-year 2.20designation, a hospital seeking to remain part of the voluntary system must apply for 2.21and successfully complete a reverification process, be awaiting the site visit for the 2.22reverification, or be awaiting the results of the site visit. The commissioner may extend a 2.23hospital's existing designation for up to 18 months on a provisional basis if the hospital has 2.24applied for reverification in a timely manner but has not yet completed the reverification 2.25process within the expiration of the three-year designation and the extension is in the 2.26best interest of trauma system patient safety. To be granted a provisional extension, the 2.27hospital must be: 2.28(1) scheduled and awaiting the site visit for reverification; 2.29(2) awaiting the results of the site visit; or 2.30(3) responding to and correcting identified deficiencies identified in the site visit. 2.31    Sec. 4. Minnesota Statutes 2008, section 144.605, subdivision 3, is amended to read: 2.32    Subd. 3. ACS verification. The commissioner shall grant the appropriate level I, II, 2.33or III trauma hospital new text begin or level I or II pediatric trauma hospital new text end designation to a hospital that 2.34successfully completes and passes the American College of Surgeons (ACS) verification 3.1standards at the hospital's cost, submits verification documentation to the Trauma Advisory 3.2Council, and formally notifies the Trauma Advisory Council of ACS verification. 3.3    Sec. 5. Minnesota Statutes 2008, section 144.605, is amended by adding a subdivision 3.4to read: 3.5     new text begin Subd. 9. new text end new text begin Designation process protection. new text end new text begin Data on patients in information and new text end 3.6 new text begin reports related to the designation and redesignation of trauma hospitals pursuant to new text end 3.7 new text begin subdivisions 3 to 5 are private data on individuals, as defined in section 13.02, subdivision new text end 3.8 new text begin 12. new text end 3.9    Sec. 6. new text begin [144.6071] TRAUMA REGISTRY. new text end 3.10     new text begin Subdivision 1. new text end new text begin Registry. new text end new text begin The commissioner of health shall establish and maintain new text end 3.11 new text begin a central registry of persons who sustain major trauma as defined in section 144.602, new text end 3.12 new text begin subdivision 3. The registry shall collect information to facilitate the development of new text end 3.13 new text begin clinical and system quality improvement, injury prevention, treatment, and rehabilitation new text end 3.14 new text begin programs. new text end 3.15     new text begin Subd. 2. new text end new text begin Registry participation required. new text end new text begin A trauma hospital must participate in new text end 3.16 new text begin the statewide trauma registry. The consent of the injured person is not required. new text end 3.17     new text begin Subd. 3. new text end new text begin Registry information. new text end new text begin (a) Trauma hospitals must electronically submit new text end 3.18 new text begin the following information to the registry: new text end 3.19 new text begin (1) demographic information of the injured person; new text end 3.20 new text begin (2) information about the date, location, and cause of the injury; new text end 3.21 new text begin (3) information about the condition of the injured person; new text end 3.22 new text begin (4) information about the treatment, comorbidities, and diagnosis of the injured new text end 3.23 new text begin person; new text end 3.24 new text begin (5) information about the outcome and disposition of the injured person; and new text end 3.25 new text begin (6) other information required by the commissioner. new text end 3.26 new text begin (b) Notwithstanding paragraph (a) or any other law to the contrary, the commissioner new text end 3.27 new text begin and the trauma hospital are prohibited from collecting data on individuals regarding new text end 3.28 new text begin lawful firearm ownership in the state or data related to an individual's right to carry a new text end 3.29 new text begin weapon under section 624.714. new text end 3.30     new text begin Subd. 4. new text end new text begin Rules. new text end new text begin The commissioner may adopt rules to collect other information new text end 3.31 new text begin required to facilitate the development of clinical and system quality improvement, injury new text end 3.32 new text begin prevention, treatment, and rehabilitation programs. The commissioner may adopt rules at new text end 3.33 new text begin any time to implement this section and is not subject to the requirements of section 14.125. new text end 4.1     new text begin Subd. 5. new text end new text begin Reporting without liability. new text end new text begin Any person or facility furnishing information new text end 4.2 new text begin required in this section shall not be subject to any action for damages or other relief, new text end 4.3 new text begin provided that the person or facility is acting in good faith. new text end 4.4     new text begin Subd. 6. new text end new text begin Data classification. new text end new text begin Data on individuals collected by the commissioner new text end 4.5 new text begin of health under this section are private data on individuals, as defined in section 13.02, new text end 4.6 new text begin subdivision 12. Data not on individuals are nonpublic data as defined in section 13.02, new text end 4.7 new text begin subdivision 9. The commissioner shall provide summary registry data to public and new text end 4.8 new text begin private entities to conduct studies using data collected by the registry. The commissioner new text end 4.9 new text begin may charge a fee under section 13.03, subdivision 3, for all out-of-pocket expenses new text end 4.10 new text begin associated with the provision of data or data analysis. new text end 4.11     new text begin Subd. 7. new text end new text begin Report requirements. new text end new text begin The commissioner shall use the registry to annually new text end 4.12 new text begin publish a report that includes comparative demographic and risk-adjusted epidemiological new text end 4.13 new text begin data on designated trauma hospitals. Any analyses or reports that identify providers new text end 4.14 new text begin may only be published after the provider has been provided the opportunity by the new text end 4.15 new text begin commissioner to review the underlying data and submit comments. The provider shall new text end 4.16 new text begin have 21 days to review the data for accuracy. new text end 4.17    Sec. 7. Minnesota Statutes 2008, section 144.608, subdivision 1, is amended to read: 4.18    Subdivision 1. Trauma Advisory Council established. (a) A Trauma Advisory 4.19Council is established to advise, consult with, and make recommendations to the 4.20commissioner on the development, maintenance, and improvement of a statewide trauma 4.21system. 4.22(b) The council shall consist of the following members: 4.23(1) a trauma surgeon certified by the American College of Surgeons new text begin Board of new text end 4.24 new text begin Surgery or the American Osteopathic Board of Surgery new text end who practices in a level I or 4.25II trauma hospital; 4.26(2) a general surgeon certified by the American College of Surgeons new text begin Board new text end 4.27 new text begin of Surgery or the American Osteopathic Board of Surgery new text end whose practice includes 4.28trauma and who practices in a designated rural area as defined under section 144.1501, 4.29subdivision 1 , paragraph (b); 4.30(3) a neurosurgeon certified by the American Board of Neurological Surgery who 4.31practices in a level I or II trauma hospital; 4.32(4) a trauma program nurse manager or coordinator practicing in a level I or II 4.33trauma hospital; 5.1(5) an emergency physician certified by the American College new text begin Board new text end of Emergency 5.2Physicians new text begin Medicine or the American Osteopathic Board of Emergency Medicine new text end whose 5.3practice includes emergency room care in a level I, II, III, or IV trauma hospital; 5.4(6) an emergency room nurse manager new text begin a trauma program manager or coordinator new text end 5.5who practices in a level III or IV trauma hospital; 5.6(7) a family practice physician new text begin certified by the American Board of Family Medicine new text end 5.7 new text begin or the American Osteopathic Board of Family Practice new text end whose practice includes emergency 5.8room new text begin department new text end care in a level III or IV trauma hospital located in a designated rural area 5.9as defined under section 144.1501, subdivision 1, paragraph (b); 5.10(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph 5.11(h), or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph 5.12(j), whose practice includes emergency room care in a level IV trauma hospital located in 5.13a designated rural area as defined under section 144.1501, subdivision 1, paragraph (b); 5.14(9) a pediatrician certified by the American Academy new text begin Board new text end of Pediatrics new text begin or the new text end 5.15 new text begin American Osteopathic Board of Pediatrics new text end whose practice includes emergency room new text begin new text end 5.16 new text begin department new text end care in a level I, II, III, or IV trauma hospital; 5.17(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery 5.18 new text begin or the American Osteopathic Board of Orthopedic Surgery new text end whose practice includes trauma 5.19and who practices in a level I, II, or III trauma hospital; 5.20(11) the state emergency medical services medical director appointed by the 5.21Emergency Medical Services Regulatory Board; 5.22(12) a hospital administrator of a level III or IV trauma hospital located in a 5.23designated rural area as defined under section 144.1501, subdivision 1, paragraph (b); 5.24(13) a rehabilitation specialist whose practice includes rehabilitation of patients 5.25with major trauma injuries or traumatic brain injuries and spinal cord injuries as defined 5.26under section 144.661; 5.27(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within 5.28the meaning of section 144E.001 and who actively practices with a licensed ambulance 5.29service in a primary service area located in a designated rural area as defined under section 5.30144.1501, subdivision 1 , paragraph (b); and 5.31(15) the commissioner of public safety or the commissioner's designee. 5.32(c) Council members whose appointment is dependent on practice in a level III or IV 5.33trauma hospital may be appointed to an initial term based upon their statements that the 5.34hospital intends to become a level III or IV facility by July 1, 2009. 5.35    Sec. 8. new text begin REPEALER. new text end 6.1 new text begin Minnesota Statutes 2008, section 144.607, new text end new text begin is repealed. new text end