1.1A bill for an act1.2relating 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 or 1.11who sustain major trauma that are collected by the commissioner of health are classified 1.12under section sections 144.6071 and144.665. 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 Center Association of America, 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 six2.16levels 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; or2.30(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 or level I or II pediatric trauma hospital 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    Subd. 9.Designation process protection.Data on patients in information and 3.6reports related to the designation and redesignation of trauma hospitals pursuant to 3.7subdivisions 3 to 5 are private data on individuals, as defined in section 13.02, subdivision 3.812. 3.9    Sec. 6. [144.6071] TRAUMA REGISTRY.3.10    Subdivision 1.Registry.The commissioner of health shall establish and maintain 3.11a central registry of persons who sustain major trauma as defined in section 144.602, 3.12subdivision 3. The registry shall collect information to facilitate the development of 3.13clinical and system quality improvement, injury prevention, treatment, and rehabilitation 3.14programs.3.15    Subd. 2.Registry participation required.A trauma hospital must participate in 3.16the statewide trauma registry. The consent of the injured person is not required.3.17    Subd. 3.Registry information.(a) Trauma hospitals must electronically submit 3.18the following information to the registry:3.19(1) demographic information of the injured person;3.20(2) information about the date, location, and cause of the injury;3.21(3) information about the condition of the injured person;3.22(4) information about the treatment, comorbidities, and diagnosis of the injured 3.23person;3.24(5) information about the outcome and disposition of the injured person; and3.25(6) other information required by the commissioner.3.26(b) Notwithstanding paragraph (a) or any other law to the contrary, the commissioner 3.27and the trauma hospital are prohibited from collecting data on individuals regarding 3.28lawful firearm ownership in the state or data related to an individual's right to carry a 3.29weapon under section 624.714.3.30    Subd. 4.Rules.The commissioner may adopt rules to collect other information 3.31required to facilitate the development of clinical and system quality improvement, injury 3.32prevention, treatment, and rehabilitation programs. The commissioner may adopt rules at 3.33any time to implement this section and is not subject to the requirements of section 14.125.4.1    Subd. 5.Reporting without liability.Any person or facility furnishing information 4.2required in this section shall not be subject to any action for damages or other relief, 4.3provided that the person or facility is acting in good faith.4.4    Subd. 6.Data classification.Data on individuals collected by the commissioner 4.5of health under this section are private data on individuals, as defined in section 13.02, 4.6subdivision 12. Data not on individuals are nonpublic data as defined in section 13.02, 4.7subdivision 9. The commissioner shall provide summary registry data to public and 4.8private entities to conduct studies using data collected by the registry. The commissioner 4.9may charge a fee under section 13.03, subdivision 3, for all out-of-pocket expenses 4.10associated with the provision of data or data analysis.4.11    Subd. 7.Report requirements.The commissioner shall use the registry to annually 4.12publish a report that includes comparative demographic and risk-adjusted epidemiological 4.13data on designated trauma hospitals. Any analyses or reports that identify providers 4.14may only be published after the provider has been provided the opportunity by the 4.15commissioner to review the underlying data and submit comments. The provider shall 4.16have 21 days to review the data for accuracy.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 Board of 4.24Surgery or the American Osteopathic Board of Surgery who practices in a level I or 4.25II trauma hospital;4.26(2) a general surgeon certified by the American College of Surgeons Board 4.27of Surgery or the American Osteopathic Board of Surgery 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 Board of Emergency 5.2Physicians Medicine or the American Osteopathic Board of Emergency Medicine 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 a trauma program manager or coordinator5.5who practices in a level III or IV trauma hospital;5.6(7) a family practice physician certified by the American Board of Family Medicine 5.7or the American Osteopathic Board of Family Practice whose practice includes emergency 5.8room department 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 Board of Pediatrics or the 5.15American Osteopathic Board of Pediatrics whose practice includes emergency room5.16department 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 5.18or the American Osteopathic Board of Orthopedic Surgery 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); and5.31(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.  REPEALER.6.1Minnesota Statutes 2008, section 144.607, is repealed.