SF 441

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to health; modifying the adverse health event reporting system;
modifying root cause analysis; requiring reports on hospital staff reductions
resulting from state spending decisions; amending Minnesota Statutes 2008,
section 144.7065, subdivisions 8, 10.

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

Section 1.

Minnesota Statutes 2008, section 144.7065, subdivision 8, is amended to
read:

Subd. 8.

Root cause analysis; corrective action plan.

Following the occurrence of
an adverse health care event, the facility must conduct a root cause analysis of the event.
new text begin In conducting the root cause analysis, the facility must consider as one of the factors
staffing levels and the impact of staffing levels on the event. new text end Following the analysis, the
facility must: (1) implement a corrective action plan to implement the findings of the
analysis or (2) report to the commissioner any reasons for not taking corrective action. If
the root cause analysis and the implementation of a corrective action plan are complete at
the time an event must be reported, the findings of the analysis and the corrective action
plan must be included in the report of the event. The findings of the root cause analysis
and a copy of the corrective action plan must otherwise be filed with the commissioner
within 60 days of the event.

Sec. 2.

Minnesota Statutes 2008, section 144.7065, subdivision 10, is amended to read:

Subd. 10.

Relation to other law; data classification.

(a) Adverse health events
described in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical
injury that is not reasonably explained" under section 626.556 or 626.557 and are excluded
from the reporting requirements of sections 626.556 and 626.557, provided the facility
makes a determination within 24 hours of the discovery of the event that this section is
applicable and the facility files the reports required under this section in a timely fashion.

(b) A facility that has determined that an event described in subdivisions 2 to 6
has occurred must inform persons who are mandated reporters under section 626.556,
subdivision 3, or 626.5572, subdivision 16, of that determination. A mandated reporter
otherwise required to report under section 626.556, subdivision 3, or 626.557, subdivision
3, paragraph (e), is relieved of the duty to report an event that the facility determines under
paragraph (a) to be reportable under subdivisions 2 to 6.

(c) The protections and immunities applicable to voluntary reports under sections
626.556 and 626.557 are not affected by this section.

(d) Notwithstanding section 626.556, 626.557, or any other provision of Minnesota
statute or rule to the contrary, neither a lead agency under section 626.556, subdivision 3c,
or 626.5572, subdivision 13, the commissioner of health, nor the director of the Office of
Health Facility Complaints is required to conduct an investigation of or obtain or create
investigative data or reports regarding an event described in subdivisions 2 to 6. If the
facility satisfies the requirements described in paragraph (a), the review or investigation
shall be conducted and data or reports shall be obtained or created only under sections
144.706 to 144.7069, except as permitted or required under sections 144.50 to 144.564,
or as necessary to carry out the state's certification responsibility under the provisions of
sections 1864 and 1867 of the Social Security Act. new text begin If a licensed health care provider
reports to the facility an event required to be reported under subdivisions 2 to 6, in a
timely manner, the provider's licensing board is not required to conduct an investigation of
or obtain or create investigative data or reports regarding the individual reporting of the
events described in subdivisions 2 to 6.
new text end

(e) Data contained in the following records are nonpublic and, to the extent they
contain data on individuals, confidential data on individuals, as defined in section 13.02:

(1) reports provided to the commissioner under sections 147.155, 147A.155,
148.267, 151.301, and 153.255;

(2) event reports, findings of root cause analyses, and corrective action plans filed by
a facility under this section; and

(3) records created or obtained by the commissioner in reviewing or investigating
the reports, findings, and plans described in clause (2).

For purposes of the nonpublic data classification contained in this paragraph, the
reporting facility shall be deemed the subject of the data.

Sec. 3. new text begin HEALTH DEPARTMENT WORKGROUP; HOSPITAL ASSOCIATION
COMMITTEES.
new text end

new text begin (a) The commissioner of health shall consult with representatives from the Minnesota
Nurses Association, the Minnesota Hospital Association, and other stakeholders to further
define staffing levels for purposes of Minnesota Statutes, section 144.7065, subdivision 8,
and to develop questions related to staffing for inclusion in the root cause analysis tool
required under that subdivision.
new text end

new text begin (b) The Minnesota Nurses Association and the Minnesota Hospital Association shall
develop a memorandum of understanding that outlines ways to include representatives
from the Minnesota Nurses Association on Minnesota Hospital Association work groups
and committees dealing with adverse health care events and corrective action plans under
Minnesota Statutes, section 144.7065.
new text end