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A293, R335, S1318
Sponsors: Senators Anderson and Fair
Document Path: l:\council\bills\nbd\12407ac06.doc
Companion/Similar bill(s): 799
Introduced in the Senate on April 5, 2006
Introduced in the House on May 2, 2006
Last Amended on April 26, 2006
Passed by the General Assembly on May 25, 2006
Governor's Action: May 31, 2006, Signed
Summary: Hospital Infections Disclosure Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/5/2006 Senate Introduced and read first time SJ-10 4/5/2006 Senate Referred to Committee on Medical Affairs SJ-10 4/20/2006 Senate Committee report: Favorable Medical Affairs SJ-7 4/21/2006 Scrivener's error corrected 4/26/2006 Senate Amended SJ-89 4/26/2006 Senate Read second time SJ-89 4/26/2006 Senate Unanimous consent for third reading on next legislative day SJ-89 4/27/2006 Scrivener's error corrected 4/27/2006 Senate Read third time and sent to House SJ-33 5/2/2006 House Introduced and read first time HJ-22 5/2/2006 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-22 5/17/2006 House Committee report: Favorable Medical, Military, Public and Municipal Affairs HJ-8 5/24/2006 House Debate adjourned HJ-60 5/24/2006 House Read second time HJ-80 5/24/2006 House Roll call Yeas-106 Nays-0 HJ-80 5/25/2006 House Read third time and enrolled HJ-15 5/25/2006 Ratified R 335 5/31/2006 Signed By Governor 6/2/2006 Copies available 6/2/2006 Effective date 05/31/06 6/8/2006 Act No. 293
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A293, R335, S1318)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 7, TITLE 44 SO AS TO ENACT THE "HOSPITAL INFECTIONS DISCLOSURE ACT" AND TO REQUIRE HOSPITALS TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON HOSPITAL ACQUIRED INFECTION RATES, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE FOR PATIENT PRIVACY, TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC AND TO PROVIDE THAT COMPLIANCE WITH THIS ARTICLE IS A CONDITION OF HOSPITAL LICENSURE.
Be it enacted by the General Assembly of the State of South Carolina:
Hospital Infections Disclosure Act
SECTION 1. Chapter 7 of Title 44 of the 1976 Code is amended by adding:
Section 44-7-2410. This article may be cited as the 'Hospital Infections Disclosure Act'.
Section 44-7-2420. As used in this article:
(1) 'Department' means the Department of Health and Environmental Control.
(2) 'Hospital' means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy and is licensed by the department as a hospital.
'Hospital' may include residential treatment facilities for children and adolescents in need of mental health treatment which are physically a part of a licensed psychiatric hospital. This definition does not include facilities that are licensed by the Department of Social Services.
(3) 'Hospital acquired infection' means a localized or systemic condition that:
(a) results from adverse reaction to the presence of an infectious agent or agents or its toxin or toxins; and
(b) was not present or incubating at the time of admission to the hospital.
Section 44-7-2430. (A)(1) Individual hospitals shall collect data on hospital acquired infection rates for the specific clinical procedures as recommended by the advisory committee and defined by the department, including the following categories:
(a) surgical site infections;
(b) ventilator associated pneumonia;
(c) central line related bloodstream infections; and
(d) other categories as provided under subsection (D).
(2) Hospitals also shall report completeness of certain selected infection control processes, as recommended by the advisory committee and defined by the department, according to accepted standard definitions.
(B)(1) Hospitals shall submit reports at least every six months on their hospital acquired infection rates to the department. Reports must be submitted in a format and at a time as provided for by the department. Data in these reports must cover a period ending not earlier than one month prior to submission of the report. These reports must be made available to the public at each hospital and through the department. The first report must be submitted before February 1, 2008.
(2) If the hospital is a division or subsidiary of another entity that owns or operates other hospitals, or related facilities, the report must be for the specific division or subsidiary and not for the other entity.
(C)(1) The commissioner of the department shall appoint an advisory committee that must have an equal number of members representing all involved parties. The department shall seek recommendations for appointments to the advisory committee from organizations that represent the interests of hospitals, consumers, businesses, purchasers of health care services, physicians, and other professionals involved in the research and control of infections.
(2) The advisory committee shall assist the department in the development of all aspects of the department's methodology for collecting, analyzing, and disclosing the information collected under this article, including collection methods, formatting, and methods and means for release and dissemination of this information.
(3) In developing the methodology for collecting and analyzing the infection rate data, the department and advisory committee shall consider existing methodologies and systems for data collection, such as the Centers for Disease Control and Prevention's National Healthcare Safety Network; however, the department's discretion to adopt a methodology is not limited or restricted to any existing methodology or system. The data collection and analysis methodology must be disclosed to the public prior to any public disclosure of hospital acquired infection rates.
(4) The department and the advisory committee shall evaluate on a regular basis the quality and accuracy of hospital information reported under this article and the data collection, analysis, and dissemination methodologies.
(D) The department may, after consultation with the advisory committee, require hospitals to collect data on hospital acquired infection rates in categories additional to those set forth in subsection (A).
Section 44-7-2440. (A) The department shall annually submit to the General Assembly a report summarizing the hospital reports submitted pursuant to Section 44-7-2430 and shall publish the annual report on its website. The first annual report must be submitted and published before February 1, 2009. The department may issue quarterly informational bulletins at its discretion, summarizing all or part of the information submitted in the hospital reports.
(B) All reports issued by the department must be risk adjusted.
(C) The annual report must compare the risk adjusted hospital acquired infection rates, collected under Section 44-7-2430, for each individual hospital in the State. The department, in consultation with the advisory committee, shall make this comparison as easy to comprehend as possible. The report also must include an executive summary, written in plain language, that must include, but is not limited to, a discussion of findings, conclusions, and trends concerning the overall state of hospital acquired infections in the State, including a comparison to prior years. The report may include policy recommendations, as appropriate.
(D) The department shall publicize the report and its availability as widely as practical to interested parties including, but not limited to, hospitals, health care providers, media organizations, health insurers, health maintenance organizations, purchasers of health insurance, consumer or patient advocacy groups, and individual consumers. The annual report must be made available to any person upon request and the department may charge a fee for such copies, not to exceed the actual cost of the copy of the report.
(E) No hospital report or department disclosure may contain information identifying a patient, employee, or licensed health care professional in connection with a specific infection incident.
Section 44-7-2450. (A) It is the intent of the General Assembly that a patient's right of privilege or confidentiality must not be violated in any manner. Patient social security numbers and any other information that could be used to identify an individual patient must not be released notwithstanding any other provision of law to the contrary.
(B) Nothing in this section affects the duty of a facility or activity licensed by the Department of Health and Environmental Control to report accidents or incidents pursuant to the department's regulations. However, anything reported pursuant to the department's regulations must not be considered to waive any privilege or confidentiality provided in subsection (A).
Section 44-7-2460. (A) The department shall ensure compliance with this article as a condition of licensure or permitting under this chapter pursuant to Section 44-7-320 and shall enforce such compliance.
(B) The department may promulgate regulations as necessary to carry out its responsibilities under this article."
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 25th day of May, 2006.
Approved the 31st day of May, 2006.
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