HF 87

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; requiring hospitals and outpatient
surgical centers to report acquired infections;
requiring the commissioner of health to report
acquired infection rates and to establish an advisory
committee; requiring rulemaking; amending Minnesota
Statutes 2004, section 13.3806, by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapter 144.

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

Section 1.

Minnesota Statutes 2004, section 13.3806, is
amended by adding a subdivision to read:

new text begin Subd. 14a. new text end

new text begin Acquired infections. new text end

new text begin Data collected by the
commissioner of health in connection with reporting acquired
infections in hospitals and outpatient surgical centers are
classified under section 144.7071, subdivision 6.
new text end

Sec. 2.

new text begin [144.7071] REPORTING OF ACQUIRED INFECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This section may be cited as
the Minnesota Acquired Infections Disclosure Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section,
the following definitions apply.
new text end

new text begin (b) "Acquired infection" means a localized or systemic
condition that:
new text end

new text begin (1) results from adverse reaction to the presence of an
infectious agent or its toxin; and
new text end

new text begin (2) was not present or incubating at the time of admission
to the facility.
new text end

new text begin (c) "Commissioner" means the commissioner of health.
new text end

new text begin (d) "Facility" means a hospital or outpatient surgical
center licensed under sections 144.50 to 144.56.
new text end

new text begin Subd. 3. new text end

new text begin Data collection. new text end

new text begin (a) Individual facilities must
collect data on acquired infection rates for the following
specific clinical procedures, in the form and manner specified
by the commissioner:
new text end

new text begin (1) surgical site infections;
new text end

new text begin (2) ventilator-associated pneumonia;
new text end

new text begin (3) central line-related bloodstream infections; and
new text end

new text begin (4) urinary tract infections.
new text end

new text begin (b) The commissioner may, after consultation with the
advisory committee established under subdivision 8, require
facilities to collect data on acquired infection rates for
additional categories.
new text end

new text begin (c) In developing the methodology for collecting and
analyzing the infection rate data, the commissioner must consult
with the advisory committee and must consider, but is not
required to adopt, existing methodologies and systems for data
collection, such as the Centers for Disease Control's National
Nosocomial Infection Surveillance Program, or its successor.
The commissioner must disclose to the public the data collection
and analysis methodology adopted, prior to public disclosure of
acquired infection rates.
new text end

new text begin (d) The commissioner, in consultation with the advisory
committee, must regularly evaluate the quality and accuracy of
the information submitted by facilities and the adequacy of the
data collection, analysis, risk-adjustment, and dissemination
methodologies.
new text end

new text begin (e) The commissioner, in consultation with the advisory
committee, may require facilities to collect and submit data in
addition to that required under paragraphs (a) and (b), if
necessary to implement paragraph (d) or to determine
risk-adjusted acquired infection rates.
new text end

new text begin Subd. 4. new text end

new text begin Report submittal. new text end

new text begin (a) Facilities must submit
the acquired infection rate data collected under subdivision 3
to the commissioner each quarter, in the form and manner
specified by the commissioner. Quarterly reports must be
submitted to the commissioner by April 30, July 31, October 31,
and January 31 each year for the previous quarter. Data in
quarterly reports must cover a period ending not earlier than
one month prior to the required date of submission of the
report. Quarterly reports must be made available to the public
at each facility and through the commissioner. The first
quarterly report is due April 30, 2006.
new text end

new text begin (b) If any entity owns more than one facility, that entity
must provide quarterly reports for each individual facility.
new text end

new text begin Subd. 5. new text end

new text begin Reports by commissioner. new text end

new text begin (a) The commissioner
must submit to the legislature, beginning December 1, 2006, and
each December 1 thereafter, an annual report summarizing and
analyzing the information received in facility quarterly
reports. The annual report must include the risk-adjusted
acquired infection rates for each facility in the state, an
analysis of the rates of acquired infections by geographic area
and type of facility, and a comparison of rates of acquired
infections over time. The report may also include
recommendations for policy and legislative changes necessary to
reduce the rate of acquired infections or improve the process
for reporting and analyzing rates of acquired infections.
new text end

new text begin (b) The commissioner may submit quarterly reports to the
legislature, summarizing the information submitted in the
facility quarterly reports.
new text end

new text begin (c) The commissioner must publicize the annual reports and
quarterly reports and must provide copies of these documents to
interested parties upon request. The commissioner must also
make the reports available on the agency Web site.
new text end

new text begin Subd. 6. new text end

new text begin Privacy. new text end

new text begin (a) No facility report or disclosure
by the commissioner may contain identifying information for any
of the health care professionals, facility employees, or
patients involved in connection with a specific infection
incident.
new text end

new text begin (b) Data collected as provided under subdivision 3,
paragraph (e), are nonpublic and, to the extent they contain
data on individuals, are confidential data on individuals, as
defined in section 13.02.
new text end

new text begin Subd. 7. new text end

new text begin Facility sanctions. new text end

new text begin If the commissioner
determines that a facility is more than 30 days late in
submitting a quarterly report or has otherwise failed to comply
with the provisions of this section, the commissioner may:
new text end

new text begin (1) impose a civil penalty of up to $1,000 per day for each
day the facility is not in compliance; and
new text end

new text begin (2) suspend, revoke, refuse to renew, or place conditions
on the license of the facility.
new text end

new text begin Subd. 8. new text end

new text begin Advisory committee. new text end

new text begin (a) The commissioner must
establish an advisory committee that includes representatives of
public and private hospitals, including staff from hospital
infection control departments; outpatient surgical centers;
direct care nursing staff; physicians; epidemiologists and
academic researchers with expertise in hospital-acquired
infections; consumer organizations; health plan companies;
organized labor; and employers and other health care
purchasers. A majority of the members of the advisory committee
must represent organizations other than hospitals and outpatient
surgical centers.
new text end

new text begin (b) The advisory committee must assist the commissioner in
the development of the methodology for collecting, analyzing,
and disclosing the information on acquired infection rates and
in evaluating the accuracy of the data on acquired infection
rates submitted to the commissioner.
new text end

new text begin (c) Notwithstanding section 15.059, the advisory committee
does not expire.
new text end

new text begin Subd. 9. new text end

new text begin Rulemaking. new text end

new text begin The commissioner must adopt rules
to implement this section.
new text end