Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 20, 2006
S. 1318
S. Printed 4/20/06--S. [SEC 4/21/06 1:22 PM]
Read the first time April 5, 2006.
To whom was referred a Bill (S. 1318) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
HARVEY S. PEELER, JR. for Committee.
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 AND AMBULATORY SURGICAL FACILITIES TO COLLECT DATA AND SUBMIT REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING HOSPITAL ACQUIRED INFECTIONS, TO PROVIDE FOR AN ADVISORY COMMITTEE TO ASSIST THE DEPARTMENT IN DEVELOPING THE METHODOLOGY FOR DATA COLLECTION AND ANALYSIS, TO PROVIDE SANCTIONS FOR FAILURE TO COMPLY, TO PROVIDE FOR PATIENT PRIVACY, AND TO PROVIDE FOR PUBLICATION AND AVAILABILITY OF THESE REPORTS TO THE PUBLIC.
Be it enacted by the General Assembly of the State of South Carolina:
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) 'Ambulatory surgical facility' means a facility organized and administered for the purpose of performing surgical procedures for which patients are scheduled to arrive, receive surgery, and be discharged on the same day. The owner or operator makes the facility available to other providers who comprise an organized professional staff.
(2) 'Department' means the Department of Health and Environmental Control.
(3) '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.
'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.
(4) '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 or ambulatory surgical facility.
Section 44-7-2430. (A) Individual hospitals and ambulatory surgical facilities shall collect data on hospital acquired infection rates for the specific clinical procedures determined by the department by regulation, including the following categories:
(1) surgical site infections;
(2) ventilator associated pneumonia;
(3) central line related bloodstream infections;
(4) urinary tract infections; and
(5) other categories as provided under subsection (D).
(B)(1) Hospitals and ambulatory surgical facilities shall submit quarterly reports on their hospital acquired infection rates to the department. Reports must be submitted quarterly in a format and at a time as provided for by the department in regulation. Data in quarterly reports must cover a period ending not earlier than one month prior to submission of the report. Quarterly reports must be made available to the public at each hospital and ambulatory surgical facility and through the department. The first quarterly report must be submitted before July 1, 2007.
(2) If the hospital or ambulatory surgical facility is a division or subsidiary of another entity that owns or operates other hospitals, ambulatory surgical facilities, or related facilities, the quarterly report must be for the specific division or subsidiary and not for the other entity.
(C)(1) The director of the department shall appoint an advisory committee which must include representatives from public and private hospitals and ambulatory surgical facilities, including representatives of hospital and ambulatory surgical facilities infection control departments, direct care nursing staff, physicians, epidemiologists with expertise in hospital acquired infections, academic researchers, consumer organizations, health insurers, health maintenance organizations, and purchasers of health insurance, such as employers. The advisory committee must have a majority of members representing interests other than hospitals.
(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 Nosocomial Infections Surveillance System, or its successor; 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 and ambulatory surgical facility 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 and ambulatory surgical facilities 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 and ambulatory surgical facility quarterly reports and shall publish the annual report on its website. The first annual report must be submitted and published before July 1, 2008. The department may issue quarterly informational bulletins at its discretion, summarizing all or part of the information submitted in the hospital and ambulatory surgical facility quarterly 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 and ambulatory surgical facility 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 or ambulatory surgical facility 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. It is the intent of the General Assembly that a patient's right of 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.
Section 44-7-2460. A determination that a hospital or ambulatory surgical facility has violated the provisions of this article may result in any of the following:
(1) revocation or suspension of permits or licenses to operate; and
(2) civil penalties of up to one thousand dollars a day for each violation the hospital or ambulatory surgical facility is in violation of this article.
Section 44-7-2470. (A) The department shall ensure compliance with this article as a condition of licensure or permitting under this chapter 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.
This web page was last updated on Tuesday, June 23, 2009 at 2:11 P.M.