Report Title:

Hospital Infection Rates; Disclosure

 

Description:

Requires hospitals to disclose infection rates; protects patient privacy rights.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2129

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to health.

 

 

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

 


     SECTION 1.  The legislature finds that, according to the Consumer's Union, more Americans die each year from hospital-acquired infections than from automobile accidents and homicides combined.  Furthermore, according to the Centers for Disease Control and Prevention, an estimated two million patients a year, or one of every twenty patients, contract an infection through a health procedure and about ninety thousand people die each year in the United States from infections contracted in the hospital, incurring a cost of some $4,500,000,000.

     Statistics indicate that approximately five to ten per cent of all hospital patients develop infections, adding to hospital mortalities, length of stay, and costs.  The risks for getting a hospital infection have steadily increased during recent decades.

     The legislature also finds that the most expedient means of reducing hospital infection rates is to make information on infection rates public.  For hospitals there is no greater incentive than the need to respond to informed consumers demanding the quality of care they deserve.

     Existing law and rules in Hawaii do not require hospitals to report infection rates.  Thus, there is no means of comparison among hospitals and the public has no way of knowing if a particular hospital is doing a good job of minimizing infection risks.  At least fourteen other states have enacted laws requiring public reporting of infection rates by hospitals.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-     Infection rates reporting; semiannual and annual reports; advisory committee; methodology; rules; patient privacy; definitions.  (a)  Each hospital in the State shall collect and maintain records on hospital-acquired infection rates for specific clinical procedures determined by the department in accordance with rules adopted pursuant to chapter 91, including the following types of infections:

     (1)  Surgical site infections;

     (2)  Ventilator associated pneumonia;

     (3)  Central-line-related bloodstream infections;

     (4)  Urinary tract infections; and

     (5)  Other types of infections as determined by the department.

     (b)  Each hospital in the State shall submit semiannual reports on its hospital-acquired infection rates to the department.  Semiannual reports shall be submitted in a format as determined by the department by July 31 and January 31 each year for the previous six months.  Data in the semiannual reports shall cover a period ending no earlier than one month prior to submission of the report.  The semiannual reports shall be made available to the public at each hospital and through the department.  The first semiannual report shall be due no later than July 31, 2009.

     (c)  The department shall submit annual findings and recommendations to the legislature by September 1 of each year.

     (d)  If a hospital is a division or subsidiary of another entity that owns or operates other hospitals or related organizations, the semiannual report shall be for the specific division or subsidiary and not for the other entity.

     (e)  The director of health shall establish and appoint an advisory committee that shall include representation from infection control departments of both nonprofit and for-profit hospitals, physicians, epidemiologists with hospital-acquired infection expertise, academic researchers, health insurers, health maintenance organizations, consumer organizations and employers.  The majority of the members of the advisory committee shall represent interests other than hospitals.

     (f)  The advisory committee shall work with the department to establish standards and rules necessary to implement this section.  In addition, the department and the advisory committee shall evaluate the data collected from the hospitals pursuant to this section, as well as the data collection, analysis, and dissemination methodologies.

     (g)  In developing the methodology for collecting and analyzing the infection rate data, the department and the advisory committee shall consider the existing methodologies and systems for data collection, including the Centers for Disease Control and Prevention's national nosocomial infection surveillance program or its successor.  The data collection and analysis methodology shall be disclosed to the public prior to any public disclosure of hospital-acquired infection rates.

     (h)  The department shall adopt rules under chapter 91 as it deems necessary to carry out this section.

     (i)  A hospital report or department disclosure made available to the public shall not contain information identifying a patient, employee, or licensed health care professional in connection with a specific infection incident.

     (j)  A patient's right of confidentiality shall not be violated in any manner.  Patient social security numbers and any other information that could be used to identify an individual patient shall not be released notwithstanding any other provision of law.

     (k)  As used in this section:

     "Department" means the department of health.

     "Hospital" means a general or special hospital, nonprofit or for-profit, licensed by the department.

     "Hospital-acquired infection" means any localized or systemic patient condition that:

     (1)  Results from an adverse reaction to the presence of an infectious agent or its toxin; and

     (2)  Was not present or incubating at the time of the patient's admission to the hospital."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2008 and shall be repealed on June 30, 2011.

 

INTRODUCED BY:

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