November 30, 2006, Introduced by Rep. Farhat and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding part 25A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 25A. ADVERSE HEALTH CARE EVENTS REPORTING
Sec. 2551. This part shall be known and may be cited as the
"Michigan adverse health care events reporting act".
Sec. 2553. (1) As used in this part:
(a) "Adverse health care event" means an objective and
definable negative consequence of patient care, or the risk
thereof, that is unanticipated, usually preventable and results in,
or presents a significant risk of, patient death or serious
physical injury.
(b) "Center" means the Michigan center for safe health care
established pursuant to the Michigan center for safe health care
act.
(c) "Department" means the department of community health.
(d) "Health care facility" means a health facility or agency
licensed under article 17.
(e) "Health care professional" means an individual licensed or
registered under article 15 and engaged in the practice of his or
her health profession in a sole proprietorship, partnership,
professional corporation, or other business entity. Health care
professional does not include a sanitarian or a veterinarian.
(f) "Near miss" means a situation that could have resulted in
an adverse health care event but did not either by chance or
through timely intervention.
(g) "Participants" means a health care professional, health
care facility, or any other individual or entity that reports
adverse health care events, near misses, root cause analyses of
adverse health care events and near misses, corrective action
plans, and other patient safety work products to the adverse health
care event reporting program, and any agent, employee, consultant,
representative, volunteer, or staff member of the entity.
(h) "Patient safety work product" means any data, reports,
records, memoranda, analyses, or written or oral statements which
are assembled or developed by a health care professional for
reporting to the program. Patient safety work product does not
include a patient's medical record, billing and discharge
information, or any other original patient or health care
professional record.
(2) In addition, article 1 contains general definitions and
principles of construction applicable to all articles in this code.
Sec. 2555. (1) The department, in cooperation with the
Michigan center for safe health care, shall establish an adverse
health care event reporting program to facilitate quality
improvement in the health care system through communication and
collaboration between the department, the center, health care
professionals, and health care facilities. The reporting program
established under this part shall not be designed or, except as
otherwise provided by this part, used to punish errors or to
investigate or take disciplinary action against health care
facilities or health care professionals. The department shall not
use the adverse health care event reports, near misses, findings,
or the root cause analyses, and corrective action plans filed under
this part for any purpose not stated in this part, including, but
not limited to, using such information for investigating possible
violations of this act or rules promulgated under this act.
(2) The reporting program shall consist of, at a minimum, each
of the following:
(a) Reporting by participants of serious adverse health care
events, near misses, root cause analyses of serious adverse health
care events, corrective action plans established to prevent similar
serious adverse health care events, and patient safety plans
establishing procedures and protocols.
(b) Compiling, aggregating, and analyzing the reported
information by the department, in cooperation with the center, to
determine patterns of systemic failure in the health care system
and successful methods to correct these failures and to develop and
disseminate information to improve the quality of care with respect
to patient safety.
(c) Providing technical assistance to participants, including,
but not limited to, recommendations and advice regarding
methodology, communication, dissemination of information, data
collection, security, and confidentiality.
(d) Disseminating aggregated findings to participants and to
the public in a timely and useful format in a manner that protects
the confidentiality of the participants and that identifies
potential issues and appropriate solutions to achieve patient
safety.
(e) Creating incentives to improve and reward participation in
the reporting of adverse health care events.
(3) Participation in this reporting program is voluntary.
Sec. 2557. Within 3 years after the effective date of the
amendatory act that added this part, the department, in cooperation
with the center, shall report to the legislature on the
implementation and effectiveness of this reporting program.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6684(request no.
07569'06) of the 93rd Legislature is enacted into law.