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Office of the Revisor of Statutes

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.