November 30, 2006, Introduced by Rep. Caswell and referred to the Committee on Senior Health, Security, and Retirement.
A bill to establish a state center for safe health care and
regional centers for safe health care; to prescribe the powers and
duties of the state center for safe health care and regional
centers for safe health care; to prescribe the powers and duties of
certain state departments and officers; to provide for the
reporting, collection, and use of certain data and information; to
create the patient safety fund; and to prescribe the purpose of the
patient safety fund.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"Michigan center for safe health care act".
Sec. 3. As used in this act:
(a) "Center" means the Michigan center for safe health care
created and appointed by the governor pursuant to this act or the
organization designated to act as the center by the governor
pursuant to this act.
(b) "Commission" means the state commission on patient safety
designated by the governor pursuant to former section 20188 of the
public health code, 1978 PA 368.
(c) "Fund" means the Michigan patient safety fund created
under section 11.
(d) "Governmental entity" means a government, governmental
subdivision or agency, or any other regulatory or licensing body.
(e) "Patient safety activities" means any of the following
activities:
(i) Efforts to improve patient safety and the quality of health
care delivery.
(ii) The collection and analysis of patient safety work
product.
(iii) The development and dissemination of information with
respect to improving patient safety, such as recommendations,
protocols, or information regarding best practices.
(iv) The utilization of patient safety work product for the
purposes of encouraging a culture of safety and of providing
feedback and assistance to effectively minimize patient risk.
(v) The maintenance of procedures to preserve confidentiality
with respect to patient safety work product.
(vi) The provision of appropriate security measures with
respect to patient safety work product.
(vii) The utilization of qualified staff.
(viii) Activities related to the operation of a patient safety
evaluation system and to the provision of feedback to participants
in a patient safety evaluation system.
(f) "Patient safety evaluation system" means the collection,
management, or analysis of information for reporting to or by a
center for safe health care.
(g) "Patient safety work product" means any data, reports,
records, memoranda, analyses, or written or oral statements which
are assembled or developed by a provider for reporting to a center
for safe health care and are reported to a center for safe health
care or are developed by a center for safe health care for the
conduct of patient safety activities. Patient safety work product
does not include any of the following:
(i) A patient's medical record, billing and discharge
information, or any other original patient or provider record.
(ii) Information that is collected, maintained, or developed
separately, or exists separately, from a patient safety evaluation
system.
(h) "Provider" means an individual or entity licensed or
otherwise authorized by law to provide health care services.
Sec. 5. (1) To provide statewide leadership, information, and
training and advocacy for improving patient safety, create a safer
health care environment, and reduce patient harm, the governor
shall, by May 31, 2007, create and appoint a Michigan center for
safe health care or designate an existing organization to act as
the Michigan center for safe health care.
(2) If the governor chooses to designate an existing
organization to act as the center, the organization shall satisfy
each of the following:
(a) Represent a wide variety of health care stakeholders,
including, but not limited to, individuals with education,
experience, and expertise in patient safety as well as health and
human services. The organization shall, at a minimum, include
individuals representing each of the following:
(i) Health care consumers.
(ii) The Michigan professional organizations for osteopathic
physicians, allopathic physicians, nurses, pharmacists, hospitals,
and health plans.
(iii) Employers, labor groups, and other health care payers.
(iv) The Michigan department of community health.
(v) Any other individuals reflecting the center's scope of
work.
(b) Be a nonprofit charitable organization that has tax-exempt
status pursuant to section 501(c)(3) of the internal revenue code
of 1986, 26 USC 501.
(c) Be capable of providing a balanced, unbiased, nonpunitive
environment in which to accomplish the center's mission.
(d) Not be a governmental entity.
(e) Be independent of any individual health care provider or
professional organization, subsidiary, or collective.
(3) If the governor chooses to create a center, the center
shall consist of at least 7 members appointed by the governor, and
the members shall collectively satisfy each of the following:
(a) Represent a wide variety of health care stakeholders,
including, but not limited to, individuals with education,
experience, and expertise in patient safety as well as health and
human services. Of the individuals appointed, there shall be at
least 1 member who represents each of the following:
(i) Health care consumers.
(ii) Health professionals and health care organizations.
(iii) Employers, labor groups, and other health care payers.
(iv) The Michigan department of community health.
(v) Any other individuals reflecting the center's scope of
work.
(b) Be capable of providing a balanced, unbiased, nonpunitive
environment in which to accomplish the center's mission.
(c) Not be a governmental entity.
(d) Be independent of any individual health care provider or
professional organization, subsidiary, or collective.
(4) Once the center has been appointed or designated, the
center shall appoint an individual to serve as the executive
director of the center. The center shall outline the executive
director's duties and responsibilities and evaluate the performance
of the executive director on an annual basis.
(5) The governor may designate certain hospitals throughout
the state to serve as regional centers for safe health care. A
hospital designated to serve as a regional center for safe health
care shall report to the state center for safe health care.
Sec. 7. (1) The center shall be certified as a patient safety
organization under section 924 of the patient safety and quality
improvement act of 2005, 42 USC 299b-24, and, if the center is a
designated organization, the center shall maintain its tax-exempt
status under section 501(c)(3) of the internal revenue code of
1986, 26 USC 501. The center shall do all of the following:
(a) Perform patient safety activities.
(b) Coordinate implementation of the commission's
recommendations included in the commission's final report to the
governor dated November 2005, including, at a minimum, each of the
following:
(i) Cultivate collaborative relationships to solve complex
patient safety problems.
(ii) Promote active involvement of consumers, patients, and
families in the structure and process of safe health care.
(iii) Coordinate public educational efforts with programs
targeting clinicians.
(iv) Facilitate the systematic identification of practices and
environments that result in patient harm.
(v) Collect and disseminate information and tools to
accelerate improvement.
(vi) Provide connections to expertise and technical assistance.
(vii) Monitor the effects of patient safety improvement efforts
and promote progress to the public.
(viii) Shape public policy designed to encourage the adoption of
patient safety practices by health care organizations and
professionals.
(ix) Coordinate state level advocacy at the national level.
(c) Collect, coordinate, analyze, and maintain all patient
safety work product received from the regional centers for safe
health care in this state.
(2) The center shall receive from any governmental entity of
this state such assistance and data necessary to enable it to
properly carry out its powers established under this section. The
center shall submit to the governor and legislature a projected 5-
year financial analysis of the resources needed to support the
activities and duties of the center.
Sec. 9. The center shall submit to the governor and the
legislature, on an annual basis, a report of the center's work in
the previous year and plan for work in the upcoming year. Every 4
years the governor shall conduct a review of the center's progress
in meeting its duties as described in this act and shall determine
whether to reappoint or redesignate the current body serving as the
center or to appoint or designate a new body. If the governor
chooses to appoint or designate a new body to serve as the center,
the appointment or designation shall comply with the requirements
established under section 5.
Sec. 11. (1) The Michigan patient safety fund is created in
the state treasury. The state treasurer may receive money or other
assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund. The state
treasurer shall credit to the fund interest and earnings from fund
investments.
(2) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(3) The department of community health shall expend money from
the fund, upon appropriation, only for 1 or more of the following
purposes:
(a) To provide support for the patient safety activities of
the center.
(b) To implement the commission's recommendations included in
the commission's final report to the governor dated November 2005.
(4) The state treasurer shall not accept any money or other
assets from any source if the acceptance and use of the money or
assets commits state funds and places an obligation upon the state
or legislature to continue the purposes for which the money or
assets are made available. The donor may stipulate the manner in
which the donation shall be expended as long as the request is
within the purposes described under subsection (3).