Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 186-S.F.No. 2365
An act relating to health; modifying the reporting
system for adverse health care events; requiring
certain boards to make certain reports; amending
Minnesota Statutes 2002, sections 147.121, subdivision
2; 147A.15, subdivision 2; 148.264, subdivision 2;
153.25, subdivision 2; Minnesota Statutes 2003
Supplement, section 144.7065, subdivision 10; Laws
2003, chapter 99, section 7, as amended; proposing
coding for new law in Minnesota Statutes, chapters
144; 147; 147A; 148; 151; 153.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2003 Supplement, section
144.7065, subdivision 10, is amended to read:
Subd. 10. [RELATION TO OTHER LAW.] (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 section 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 section 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 not
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.
(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. 2. [144.7068] [REPORTS FROM LICENSING BOARDS.]
(a) Effective upon full implementation of the adverse
health care events reporting system, the records maintained
under sections 147.155, 147A.155, 148.267, 151.301, and 153.255,
shall be reported to the commissioner on the schedule
established in those sections.
(b) The commissioner shall forward these reports to the
facility named in the report.
(c) The facility shall determine whether the event has been
previously reported under section 144.7065. The facility shall
notify the commissioner whether the event has been reported
previously. If the event has not been previously reported, the
facility shall make a determination whether the event was
reportable under section 144.7065. If the facility determines
the event was reportable, the date of discovery of the event for
the purposes of section 144.7065, subdivision 10, paragraph (d),
shall be as follows:
(1) if the commissioner determines that the facility knew
or reasonably should have known about the occurrence of the
event, the date the event occurred shall be the date of
discovery. The facility shall be considered out of compliance
with the reporting act, and the event shall be subject to
sections 626.556 and 626.557; or
(2) if the commissioner determines that the facility did
not know about the occurrence of the event, the date the
facility receives the report from the commissioner shall serve
as the date of discovery.
If the facility determines that the event was not reportable
under section 144.7065, the facility shall notify the
commissioner of that determination.
Sec. 3. Minnesota Statutes 2002, section 147.121,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION; INDEMNIFICATION.] (a) Members of
the board, persons employed by the board, consultants retained
by the board for the purpose of investigation of violations, the
preparation of charges and management of board orders on behalf
of the board are immune from civil liability and criminal
prosecution for any actions, transactions, or publications in
the execution of, or relating to, their duties under sections
147.01 to 147.22.
(b) Members of the board and persons employed by the board
or engaged in maintaining records and making reports regarding
adverse health care events are immune from civil liability and
criminal prosecution for any actions, transactions, or
publications in the execution of or relating to their duties
under section 147.155.
(c) For purposes of this section, a member of the board or
a consultant described in paragraph (a) is considered a state
employee under section 3.736, subdivision 9.
Sec. 4. [147.155] [REPORTS TO THE COMMISSIONER OF HEALTH.]
(a) The board shall maintain a record of an event that
comes to the board's attention that, in the judgment of the
board or a committee of the board, qualifies as an adverse
health care event under section 144.7065.
(b) Within 30 days of making a determination under
paragraph (a) that an event qualifies as an adverse health care
event, the board shall forward to the commissioner of health a
report of the event, including the facility involved, the date
of the event, and information known to the board regarding the
event. The report shall not include any identifying information
for any of the health care professionals, facility employees, or
patients involved.
Sec. 5. Minnesota Statutes 2002, section 147A.15,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION; INDEMNIFICATION.] (a) Members of
the board, persons employed by the board, and consultants
retained by the board for the purpose of investigation of
violations or the preparation and management of charges of
violations of this chapter on behalf of the board are immune
from civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating
to, their duties under this chapter.
(b) Members of the board and persons employed by the board
or engaged in maintaining records and making reports regarding
adverse health care events are immune from civil liability and
criminal prosecution for any actions, transactions, or
publications in the execution of or relating to their duties
under section 147A.155.
(c) For purposes of this section, a member of the board or
a consultant described in paragraph (a) is considered a state
employee under section 3.736, subdivision 9.
Sec. 6. [147A.155] [REPORTS TO THE COMMISSIONER OF
HEALTH.]
(a) The board shall maintain a record of an event that
comes to the board's attention that, in the judgment of the
board or a committee of the board, qualifies as an adverse
health care event under section 144.7065.
(b) Within 30 days of making a determination under
paragraph (a) that an event qualifies as an adverse health care
event, the board shall forward to the commissioner of health a
report of the event, including the facility involved, the date
of the event, and information known to the board regarding the
event. The report shall not include any identifying information
for any of the health care professionals, facility employees, or
patients involved.
Sec. 7. Minnesota Statutes 2002, section 148.264,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION.] (a) Members of the board and
persons employed by the board or engaged in the investigation of
violations and in the preparation and management of charges of
violations of sections 148.171 to 148.285 on behalf of the board
or persons participating in the investigation or testifying
regarding charges of violations are immune from civil liability
and criminal prosecution for any actions, transactions, or
publications in the execution of, or relating to, their duties
under sections 148.171 to 148.285.
(b) Members of the board and persons employed by the board
or engaged in maintaining records and making reports regarding
adverse health care events are immune from civil liability and
criminal prosecution for any actions, transactions, or
publications in the execution of or relating to their duties
under section 148.267.
Sec. 8. [148.267] [REPORTS TO THE COMMISSIONER OF HEALTH.]
(a) The board shall maintain a record of an event that
comes to the board's attention that, in the judgment of the
board or a committee of the board, qualifies as an adverse
health care event under section 144.7065.
(b) Within 30 days of making a determination under
paragraph (a) that an event qualifies as an adverse health care
event, the board shall forward to the commissioner of health a
report of the event, including the facility involved, the date
of the event, and information known to the board regarding the
event. The report shall not include any identifying information
for any of the health care professionals, facility employees, or
patients involved.
Sec. 9. [151.301] [REPORTS TO THE COMMISSIONER OF HEALTH.]
(a) The board shall maintain a record of an event that
comes to the board's attention that, in the judgment of the
board or a committee of the board, qualifies as an adverse
health care event under section 144.7065.
(b) Within 30 days of making a determination under
paragraph (a) that an event qualifies as an adverse health care
event, the board shall forward to the commissioner of health a
report of the event, including the facility involved, the date
of the event, and information known to the board regarding the
event. The report shall not include any identifying information
for any of the health care professionals, facility employees, or
patients involved.
Sec. 10. [151.302] [IMMUNITY.]
Members of the board and persons employed by the board or
engaged in maintaining records and making reports regarding
adverse health care events are immune from civil liability and
criminal prosecution for any actions, transactions, or
publications in the execution of or relating to their duties
under section 151.301.
Sec. 11. Minnesota Statutes 2002, section 153.25,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION.] (a) Members of the board and
persons employed by the board or engaged in the investigation of
violations and in the preparation and management of charges of
violations of this chapter on behalf of the board are immune
from civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating
to, their duties under this chapter.
(b) Members of the board and persons employed by the board
or engaged in maintaining records and making reports regarding
adverse health care events are immune from civil liability and
criminal prosecution for any actions, transactions, or
publications in the execution of or relating to their duties
under section 153.255.
Sec. 12. [153.255] [REPORTS TO THE COMMISSIONER OF
HEALTH.]
(a) The board shall maintain a record of an event that
comes to the board's attention that, in the judgment of the
board or a committee of the board, qualifies as an adverse
health care event under section 144.7065.
(b) Within 30 days of making a determination under
paragraph (a) that an event qualifies as an adverse health care
event, the board shall forward to the commissioner of health a
report of the event, including the facility involved, the date
of the event, and information known to the board regarding the
event. The report shall not include any identifying information
for any of the health care professionals, facility employees, or
patients involved.
Sec. 13. Laws 2003, chapter 99, section 7, as amended by
Laws 2003, First Special Session chapter 14, article 7, section
86, is amended to read:
Sec. 7. [ADVERSE HEALTH CARE EVENTS REPORTING SYSTEM
TRANSITION PERIOD.]
(a) Effective July 1, 2003, limited implementation of the
Adverse Health Care Events Reporting Act shall begin, provided
the commissioner of health has secured sufficient nonstate funds
for this purpose. During this period, the commissioner must:
(1) solicit additional nonstate funds to support full
implementation of the system;
(2) work with organizations and experts familiar with
patient safety to review reporting categories in Minnesota
Statutes, section 144.7065, make necessary clarifications, and
develop educational materials; and
(3) monitor activities of the National Quality Forum and
other patient safety organizations, other states, and the
federal government in the area of patient safety.
(b) Effective July 1, 2003, facilities defined in Minnesota
Statutes, section 144.7063, subdivision 3, shall report any
adverse health care events, as defined in Minnesota Statutes,
section 144.7065, to the incident reporting system maintained by
the Minnesota Hospital Association. The association shall
provide a summary report to the commissioner that identifies the
types of events by category. The association shall consult with
the commissioner regarding the data to be reported to the
commissioner, storage of data received by the association but
not reported to the commissioner, and eventual retrieval by the
commissioner of stored data. Data reported to or retrieved by
the commissioner under this section, and data created or
obtained by the commissioner in reviewing or investigating
reports under this section, are nonpublic data and confidential
data on individuals as defined in Minnesota Statutes, section
13.02, except as necessary for the commissioner to communicate
with facilities and publish the annual report as required by
Minnesota Statutes, section 144.7067, subdivision 2.
(c) The commissioner shall report to the legislature by
January 15 of 2004 and 2005, with a list of the number of
reported events by type and recommendations, if any, for
reporting system modifications, including additional categories
of events that should be reported.
(d) From July 1, 2003, until full implementation of the
reporting system, the commissioner of health shall not make a
final disposition as defined in Minnesota Statutes, section
626.5572, subdivision 8, for investigations conducted in
licensed hospitals under the provisions of Minnesota Statutes,
section 626.557. The commissioner's findings in these cases
shall identify noncompliance with federal certification or state
licensure rules or laws.
(e) Effective July 1, 2004, The reporting system shall be
fully implemented, provided (1) the commissioner has secured
sufficient funds from nonstate sources to operate the system
during fiscal year 2005, and (2) the commissioner has notified
facilities by April 1, 2004 at least four months prior to full
implementation, of their duty to report.
Presented to the governor May 7, 2004
Signed by the governor May 10, 2004, 9:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes