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Connecticut Health Statutes
Selected Health Laws Relating to
Medical Errors Reporting and Patient Safety
(Connecticut's Statutes website)

TABLE OF CONTENTS

Public Act No. 99-284
An Act Concerning Managed Care Accountability (Substitute House Bill No. 7032 – website)
Physician Profiles
Suspension, revokation, and limitation of physician license
Public Act No. 02-125
An Act Creating a Program for Quality in Health Care (Substitute House Bill No. 5715 – website)
Quality of Care Program Established
Performance Improvement Plans in Hospitals
Adverse Event Reporting Program
Public Act No. 03-278
An Act Concerning the Revisor's 2003 Technical Corrections to the General Statutes and Making Revisions to Certain Provisions of the General Statutes and Certain Public Acts. (House Bill No. 6699 – website)
Repeal of Sec. 123. Subsection (c) of section 19a-127n of the general statutes and amendment to timeline for reporting Adverse Event
Public Act No. 04-164
An Act Concerning the Quality of Health Care. (Substitute Senate Bill No. 566 – website)
Repeal of Section 19a-127n of the general statutes and creation of new Adverse Event Reporting Program
Creation of Patient Safety Organizations
Cardiac Care Improvement Reporting
Title 19a, Section 19a-630.
(Formerly Section 19a-145 – website)
Definitions

Public Act No. 99-284
An Act Concerning Managed Care Accountability.

  • Section 33Physician Profiles
    • (a)   For purposes of this section: “Department” means the Department of Public Health, and “physician” means a physician licensed pursuant to chapter 370 of the general statutes.
    • (b)   The department, after consultation with the Connecticut Medical Examining Board and the Connecticut State Medical Society shall collect the following information to create an individual profile on each physician for dissemination to the public:
      • (1)   The name of the medical school attended by the physician and the date of graduation;
      • (2)   The site, training, discipline and inclusive dates of the physician's postgraduate medical education required pursuant to the applicable licensure section of the general statutes;
      • (3)   The area of the physician's practice specialty;
      • (4)   The address of the physician's primary practice location or primary practice locations, if more than one;
      • (5)   A list of languages, other than English, spoken at the physician's primary practice locations;
      • (6)   An indication of any disciplinary action taken against the physician by the department or by the state board;
      • (7)   Any current certifications issued to the physician by a specialty board of the American Board of Medical Specialties;
      • (8)   The hospitals and nursing homes at which the physician has admitting privileges;
      • (9)   Any appointments of the physician to Connecticut medical school faculties and an indication as to whether the physician has current responsibility for graduate medical education;
      • (10) A listing of the physician's publications in peer reviewed literature;
      • (11) A listing of the physician's professional services, activities and awards;
      • (12) Any hospital disciplinary actions against the physician that resulted, within the past ten years, in the termination or revocation of the physician's hospital privileges for a medical disciplinary cause or reason, or the resignation from, or nonrenewal of, medical staff membership or the restriction of privileges at a hospital taken in lieu of or in settlement of a pending disciplinary case related to medical competence in such hospital;
      • (13) A description of any criminal conviction of the physician for a felony within the last ten years. For the purposes of this subdivision, a physician shall be deemed to be convicted of a felony if the physician pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction or has been convicted of a felony by the entry of a plea of nolo contendere; and
      • (14) To the extent available, and consistent with the provisions of subsection (c) of this section, all medical malpractice court judgments and all medical malpractice arbitration awards against the physician in which a payment was awarded to a complaining party during the last ten years, and all settlements of medical malpractice claims against the physician in which a payment was made to a complaining party within the last ten years.
    • (c)   Any report of a medical malpractice judgment or award against a physician made under subdivision (14) of subsection (b) of this section shall comply with the following: (1) Dispositions of paid claims shall be reported in a minimum of three graduated categories indicating the level of significance of the award or settlement; (2) information concerning paid medical malpractice claims shall be placed in context by comparing an individual physician's medical malpractice judgments, awards and settlements to the experience of other physicians licensed in Connecticut who perform procedures and treat patients with a similar degree of risk; (3) all judgment award and settlement information reported shall be limited to amounts actually paid by or on behalf of the physician; and (4) comparisons of malpractice payment data shall be accompanied by (A) an explanation of the fact that physicians treating certain patients and performing certain procedures are more likely to be the subject of litigation than others and that the comparison given is for physicians who perform procedures and treat patients with a similar degree of risk; (B) a statement that the report reflects data for the last ten years and the recipient should take into account the number of years the physician has been in practice when considering the data; (C) an explanation that an incident giving rise to a malpractice claim may have occurred years before any payment was made due to the time lawsuits take to move through the legal system; (D) an explanation of the effect of treating high-risk patients on a physician's malpractice history; and (E) an explanation that malpractice cases may be settled for reasons other than liability and that settlements are sometimes made by the insurer without the physician's consent. Information concerning all settlements shall be accompanied by the following statement: “Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred.”
    • (d)   Pending malpractice claims against a physician and actual amounts paid by or on behalf of a physician in connection with a malpractice judgment, award or settlement shall not be disclosed by the department to the public. This subsection shall not be construed to prevent the department from investigating and disciplining a physician on the basis of medical malpractice claims that are pending.
    • (e)   Prior to the initial release of a physician's profile to the public, the department shall provide the physician with a copy of the physician's profile. Additionally, any amendments or modifications to the profile that were not supplied by the physician or not generated by the department itself shall be provided to the physician for review prior to release to the public. A physician shall have sixty days from the date the department mails or delivers the prepublication copy to dispute the accuracy of any information that the department proposes to include in such profile and to submit a written statement setting forth the basis for such dispute. If a physician does not notify the department that the physician disputes the accuracy of such information within such sixty-day period, the department shall make the profile available to the public and the physician shall be deemed to have approved the profile and all information contained therein. If a physician notifies the department that the physician disputes the accuracy of such information in accordance with this subsection, the physician's profile shall be released to the public without the disputed information, but with a statement to the effect that information in the identified category is currently the subject of a dispute and is therefore not currently available. Not later than thirty days after the department's receipt of notice of a dispute, the department shall review any information submitted by the physician in support of such dispute and determine whether to amend the information contained in the profile. In the event that the department determines not to amend the disputed information, the disputed information shall be included in the profile with a statement that such information is disputed by the physician.
    • (f)   A physician may elect to have the physician's profile omit information provided pursuant to subdivisions (9) to (11), inclusive, of subsection (b) of this section. In collecting information for such profiles and in the dissemination of such profiles, the department shall inform physician's that they may choose not to provide the information described in said subdivisions (9) to (11), inclusive.
    • (g)   Each profile created pursuant to this section shall include the following statement: "This profile contains information that may be used as a starting point in evaluating the physician. This profile should not, however, be your sole basis for selecting a physician."
    • (h)   The department shall maintain a web site on the Internet for use by the public in obtaining profiles of physicians.
    • (i)   No state law that would otherwise prohibit, limit or penalize disclosure of information about a physician shall apply to disclosure of information required by this section.
    • (j)   All information provided by a physician pursuant to this section shall be subject to the penalties of false statement, pursuant to section 53a-157b of the general statutes.
    • (k)   A physician shall notify the department of any changes to the information required in subdivisions (3), (4), (5), (7), (8) and (13) of subsection (b) of this section not later than sixty days after such change.
  • Section 34Suspension, revokation, and limitation of physician license

    Section 20-13c of the general statutes is repealed and the following is substituted in lieu thereof:

    The board is authorized to restrict, suspend or revoke the license or limit the right to practice of a physician or take any other action in accordance with section 19a-17, for any of the following reasons: (1) Physical illness or loss of motor skill, including, but not limited to, deterioration through the aging process; (2) emotional disorder or mental illness; (3) abuse or excessive use of drugs, including alcohol, narcotics or chemicals; (4) illegal, incompetent or negligent conduct in the practice of medicine; (5) possession, use, prescription for use, or distribution of controlled substances or legend drugs, except for therapeutic or other medically proper purposes; (6) misrepresentation or concealment of a material fact in the obtaining or reinstatement of a license to practice medicine; (7) failure to adequately supervise a physician assistant; (8) failure to fulfill any obligation resulting from participation in the National Health Service Corps; (9) failure to maintain professional liability insurance or other indemnity against liability for professional malpractice as provided in subsection (a) of section 20-11b; [or] (10) failure to provide information requested by the department for purposes of completing a health care provider profile, as required by section 33 of this act; or (11) violation of any provision of this chapter or any regulation established hereunder. In each case, the board shall consider whether the physician poses a threat, in [his] the practice of medicine, to the health and safety of any person. If the board finds that the physician poses such a threat, the board shall include such finding in its final decision and act to suspend or revoke the license of said physician.

Public Act No. 02-125
An Act Creating a Program for Quality in Health Care.

  • Section 1Quality of Care Program Established (Effective October 1, 2002)
    • (a)   There is established a quality of care program within the Department of Public Health. The department shall develop for the purposes of said program (1) a standardized data set to measure the clinical performance of health care facilities, as defined in section 19a-630 of the general statutes, and require such data to be collected and reported periodically to the department, including, but not limited to, data for the measurement of comparable patient satisfaction, and (2) methods to provide public accountability for health care delivery systems by such facilities. The department shall develop such set and methods for hospitals during the fiscal year ending June 30, 2003, and the committee established pursuant to subsection (c) of this section shall consider and may recommend to the joint standing committee of the General Assembly having cognizance of matters relating to public health the inclusion of other health care facilities in each subsequent year.
    • (b)   In carrying out its responsibilities under subsection (a) of this section, the department shall develop the following for the quality of care program:>
      • (1)   Comparable performance measures to be reported;
      • (2)   Selection of patient satisfaction survey measures and instruments;
      • (3)   Methods and format of standardized data collection;
      • (4)   Format for a public quality performance measurement report;
      • (5)   Human resources and quality measurements;
      • (6)   Medical error reduction methods;
      • (7)   Systems for sharing and implementing universally accepted best practices;
      • (8)   Systems for reporting outcome data;
      • (9)   Systems for continuum of care;
      • (10)  Recommendations concerning the use of an ISO 9000 quality auditing program;
      • (11)  Recommendations concerning the types of statutory protection needed prior to collecting any data or information under this act; and
      • (12)  Any other issues that the department deems appropriate.
    • (c)   There is established a Quality of Care Advisory Committee which shall advise the Department of Public Health on the issues set forth in subdivisions (1) to (12), inclusive, of subsection (b) of this section. The advisory committee shall meet at least quarterly.
    • (d)   The advisory committee shall consist of
      • (1)   four members who represent and shall be appointed by the Connecticut Hospital Association, including three members who represent three separate hospitals that are not affiliated of which one such hospital is an academic medical center;
      • (2)   one member who represents and shall be appointed by the Connecticut Nursing Association;
      • (3)   two members who represent and shall be appointed by the Connecticut Medical Society, including one member who is an active medical care provider;
      • (4)   two members who represent and shall be appointed by the Connecticut Business and Industry Association, including one member who represents a large business and one member who represents a small business;
      • (5)   one member who represents and shall be appointed by the Home Health Care Association;
      • (6)   one member who represents and shall be appointed by the Connecticut Association of Health Care Facilities;
      • (7)   one member who represents and shall be appointed by the Connecticut Association of Not-For-Profit Providers for the Aging;
      • (8)   two members who represent and shall be appointed by the AFL-CIO;
      • (9)   one member who represents consumers of health care services and who shall be appointed by the Commissioner of Public Health;
      • (10)  one member who represents a school of public health and who shall be appointed by the Commissioner of Public Health;
      • (11)  one member who represents and shall be appointed by the Office of Health Care Access;
      • (12)  the Commissioner of Public Health or said commissioner's designee;
      • (13)  the Commissioner of Social Services or said commissioner's designee;
      • (14)  the Secretary of the Office of Policy and Management or said secretary's designee;
      • (15)  two members who represent licensed health plans and shall be appointed by the Connecticut Association of Health Care Plans;
      • (16)  one member who represents and shall be appointed by the federally designated state peer review organization; and
      • (17)  one member who represents and shall be appointed by the Connecticut Pharmaceutical Association. The chairperson of the advisory committee shall be the Commissioner of Public Health or said commissioner's designee. The chairperson of the committee, with a vote of the majority of the members present, may appoint ex-officio nonvoting members in specialties not represented among voting members. Vacancies shall be filled by the person who makes the appointment under this subsection.
    • (e)   The chairperson of the advisory committee may designate one or more working groups to address specific issues and shall appoint the members of each working group. Each working group shall report its findings and recommendations to the full advisory committee.
    • (f)   The Commissioner of Public Health shall report on the quality of care program on or before June 30, 2003, and annually thereafter, in accordance with section 11a-4 of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health and to the Governor. Each report on said program shall include activities of the program during the prior year and a plan of activities for the following year.
    • (g)   On or before April 1, 2004, the Commissioner of Public Health shall prepare a report, available to the public, that compares all licensed hospitals in the state based on the quality performance measures developed under the quality of care program.
    • (h)   The Department of Public Health may seek out funding for the purpose of implementing the provisions of this section. Said provisions shall be implemented upon receipt of said funding.
  • Section 2Performance Improvement Plans in Hospitals (Effective October 1, 2002)

    All hospitals, licensed pursuant to provisions of the general statutes, shall be required to implement performance improvement plans. Such plans shall be submitted on or before June 30, 2003, and annually thereafter by each hospital to the Department of Public Health as a condition of licensure.

  • Section 3Adverse Event Reporting Program (Effective October 1, 2002)
    • (a)   For purposes of this section, an "adverse event" means an injury that was caused by or is associated with medical management and that results in death or measurable disability. Such events shall also include those sentinel events for which remediation plans are required by the Joint Commission on the Accreditation of Healthcare Organizations.
    • (b)   Adverse events shall be classified into the following categories:
      • (1)   "Class A adverse event" means an event that has resulted in or is associated with a patient's death or the immediate danger of death;
      • (2)   "Class B adverse event" means an event that has resulted in or is associated with a patient's serious injury or disability or the immediate danger of serious injury or disability;
      • (3)   "Class C adverse event" means an event that has resulted in or is associated with the physical or sexual abuse of a patient; and
      • (4)   "Class D adverse event" means an adverse event that is not reported under subdivisions (1) to (3), inclusive, of this subdivision.
    • (c)   On and after October 1, 2002, a hospital or outpatient surgical facility shall report to the Department of Public Health on Class A, B and C adverse events as follows: (1) A verbal report shall be made not later than twenty-four hours after the adverse event occurred; (2) a written report not later than seventy-two hours after the adverse event occurred; and (3) a corrective action plan shall be filed not later than seven days after the adverse event occurred.
    • (d)   A hospital or outpatient surgical facility shall report to the Department of Public Health on Class D adverse events on a quarterly basis. Such reports shall include corrective action plans. For purposes of this subsection and subsection (c) of this section, "corrective action plan" means a plan that implements strategies that reduce the risk of similar events occurring in the future. Said plan shall measure the effectiveness of such strategies by addressing the implementation, oversight and time lines of such strategies. Failure to implement a corrective action plan may result in disciplinary action by the Commissioner of Public Health, pursuant to section 19a-494 of the general statutes.
    • (e)   The Commissioner of Public Health shall adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the provisions of this section. Such regulations shall include, but shall not be limited to, a prescribed form for the reporting of adverse events pursuant to subsections (c) and (d) of this section. The commissioner may require the use of said form prior to the adoption of said regulations.
    • (f)   On or before March first annually, the commissioner shall report, in accordance with the provisions of section 11-4a of the general statutes, on adverse event reporting, to the joint standing committee of the General Assembly having cognizance of matters relating to public health.
    • (g)   Information collected pursuant to this section shall not be required to be disclosed pursuant to subsection (a) of section 1-210 of the general statutes, for a period of six months from the date of submission of the written report required pursuant to subsection (c) of this section and shall not be subject to subpoena or discovery or introduced into evidence in any judicial or administrative proceeding except as otherwise specifically provided by law.
  • Public Act No. 02-125 approved June 7, 2002

Public Act No. 03-278
An Act Concerning the Revisor's 2003 Technical Corrections to the General Statutes and Making Revisions to Certain Provisions of the General Statutes and Certain Public Acts.

Be it enacted by the Senate and House of Representatives in General Assembly convened:
  • Section 123Sec. 123. Subsection (c) of section 19a-127n of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage): (Effective July 9, 2003)
    • (c)   On and after October 1, 2002, a hospital or outpatient surgical facility shall report to the Department of Public Health on Class A, B and C adverse events as follows: (1) A verbal report shall be made not later than twenty-four hours after the adverse event occurred; (2) a written report shall be submitted not later than seventy-two hours after the adverse event occurred; and (3) a corrective action plan shall be filed not later than seven days after the adverse event occurred.
  • [Added text underlined]

Public Act No. 04-164
An Act Concerning the Quality of Health Care.

Be it enacted by the Senate and House of Representatives in General Assembly convened:
  • Section 1Section 19a-127n of the general statutes, as amended by section 123 of public act 03-278, is repealed and the following is substituted in lieu thereof: (Effective July 1, 2004)
    • (a)  
      • (1)   For purposes of this section, an “adverse event” means [an injury that was caused by or is associated with medical management and that results in death or measurable disability. Such events shall also include those sentinel events for which remediation plans are required by the Joint Commission on the Accreditation of Healthcare Organizations] any event that is identified on the National Quality Forum's List of Serious Reportable Events or on a list compiled by the Commissioner of Public Health and adopted as regulations pursuant to subsection (d) of this section; and “corrective action plan” means a plan that implements strategies that reduce the risk of similar adverse events occurring in the future, and measures the effectiveness of such strategies by addressing the implementation, oversight and time lines of such strategies.
      • (2)   The commissioner shall review the list of adverse events periodically, but not less than annually, to ascertain whether any additions, deletions or modifications to the list are necessary.
    • [(b)   Adverse events shall be classified into the following categories:
      • (1)   “Class A adverse event” means an event that has resulted in or is associated with a patient's death or the immediate danger of death;
      • (2)   “Class B adverse event” means an event that has resulted in or is associated with a patient's serious injury or disability or the immediate danger of serious injury or disability;
      • (3)   “Class C adverse event” means an event that has resulted in or is associated with the physical or sexual abuse of a patient; and
      • (4)   “Class D adverse event” means an adverse event that is not reported under subdivisions (1) to (3), inclusive, of this subsection. ]
    • [(c)](b)   On and after October 1, 2002, a hospital or outpatient surgical facility shall report adverse events to the Department of Public Health [on Class A, B and C adverse events] as follows: (1) [A verbal report shall be made not later than twenty-four hours after the adverse event occurred; (2) a] A written report and the status of any corrective steps shall be submitted not later than [seventy-two hours] seven days after the adverse event occurred; and [(3)] (2) a corrective action plan shall be filed not later than [seven] thirty days after the adverse event occurred. Emergent reports, as defined in the regulations adopted pursuant to subsection (c) of this section, shall be made to the department immediately. Failure to implement a corrective action plan may result in disciplinary action by the Commissioner of Public Health, pursuant to section 19a-494.
    • [(d) A hospital or outpatient surgical facility shall report to the Department of Public Health on Class D adverse events on a quarterly basis. Such reports shall include corrective action plans. For purposes of this subsection and subsection (c) of this section, "corrective action plan" means a plan that implements strategies that reduce the risk of similar events occurring in the future. Said plan shall measure the effectiveness of such strategies by addressing the implementation, oversight and time lines of such strategies. Failure to implement a corrective action plan may result in disciplinary action by the Commissioner of Public Health, pursuant to section 19a-494. ]
    • [(e)](c)  The Commissioner of Public Health shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this section. Such regulations shall include, but shall not be limited to, a list of adverse events that are in addition to those contained in the National Quality Forum's List of Serious Reportable Events and a prescribed form for the reporting of adverse events pursuant to [subsections (c) and (d)] subsection (b) of this section. The commissioner may require the use of said form prior to the adoption of said regulations.
    • [(f)](d)   On or before [March] October first annually, the commissioner shall report, in accordance with the provisions of section 11-4a, on adverse event reporting, to the joint standing committee of the General Assembly having cognizance of matters relating to public health.
    • [(g)](e)   Information collected pursuant to this section shall not be [required to be] disclosed pursuant to subsection (a) of section 1-210, as amended, [for a period of six months from the date of submission of the written report required pursuant to subsection (c) of this section and] at any time, and information collected pursuant to this section shall not be subject to subpoena or discovery or introduced into evidence in any judicial or administrative proceeding except as otherwise specifically provided by law. Nothing in this section shall be construed to limit access to or disclosure of investigative files, including any adverse event report contained in such files, maintained by the department as otherwise provided in section 19a-499.
    • (f)   If the department determines that it will initiate an investigation of an adverse event that has been reported, such investigation shall include review by one or more practitioners with clinical expertise of the type involved in the reported adverse event.
    • [(h)](g)   The Quality of Care Advisory Committee established pursuant to section 19a-127l shall establish methods for informing the public regarding access to the department's consumer and regulatory services.
  • Section 2Creation of Patient Safety Organization (NEW – Effective July 1, 2004)
    • (a)   For purposes of this section:
      • (1)  Patient safety organization”means any public or private organization, or component of any such organization, whose primary activity is to improve patient safety and the quality of health care delivery for patients receiving care through the collection, aggregation, analysis or processing of medical or health care-related information submitted to it by health care providers;
      • (2)  Patient safety work product” means any information, documentation or communication, including, but not limited to, reports, records, memoranda, analyses, statements, root cause analyses, protocols or policies that (A) a health care provider prepares exclusively for the purpose of disclosing to a patient safety organization, (B) is created by a patient safety organization, or (C) contains the deliberations or analytical process of a patient safety organization or between a patient safety organization and health care providers participating in the evaluation of patient care; and
      • (3)  Health care provider” or “provider” means any person, corporation, limited liability company, facility or institution operated, owned or licensed by this state to provide health care or professional services, or an officer, employee or agent thereof acting in the course and scope of his or her employment.
    • (b)  
      • (1)   Any private or public organization or a component of any private or public organization may apply to the Department of Public Health to be designated as a patient safety organization.
      • (2)   The department may designate as a patient safety organization each applicant that (A) has a mission statement indicating its primary purpose is to conduct activities to improve patient safety, (B) has qualified staff and professionals capable of reviewing and producing patient safety work product, (C) is not a component of a health insurer or other entity that provides health insurance to individuals or group health plans, and (D) certifies that its mission does not create a conflict of interest with the health care providers who will submit patient safety work product to it. Each hospital or outpatient surgical facility shall seek to work with one or more patient safety organizations as they become available. The department shall assist hospitals and outpatient surgical facilities in developing working relationships with patient safety organizations.
    • (c)   A health care provider shall enter into a written contract with each patient safety organization to which it sends patient safety work product. Each contract shall require the provider to maintain a document log itemizing the types of documents submitted to patient safety organizations without indicating the content of such documents. Such document log shall be accessible to the department for the sole purpose of allowing the department to verify the type of information submitted to patient safety organizations. The department shall not have access to patient safety work product. Notwithstanding the provisions of sections 1-210, as amended, 1-211 and 1-213 of the general statutes, such document log shall not be subject to disclosure to, or use by, any person or entity, other than the patient safety organization and the provider with which it has contracted, and by the department for the sole purpose provided in this subsection.
    • (d)   A patient safety organization shall, as appropriate, disseminate to health care providers, the department, the Quality of Care Advisory Committee, as established by 19a-127l of the general statutes, and the public, information or recommendations, including suggested policies, procedures or protocols, on best medical practices or potential system changes designed to improve patient safety and the overall quality of care.
    • (e)   A patient safety organization shall have in place appropriate safeguards and security measures to ensure the technical integrity and physical safety of any patient safety work product. Patient safety work product shall be confidential, and shall not be subject to any discovery, access or use by any person or entity other than the patient safety organization and the provider with which the patient safety organization has contracted. Patient safety work product, if submitted to a public or governmental organization, shall not be subject to the provisions of section 1-210, as amended, 1-211 or 1-213 of the general statutes. Nothing in this subsection shall prohibit a patient safety organization from choosing to disclose patient safety work product, or portions of patient safety work product, in conformity with its mission and within its contractual obligations to the provider submitting the information. No patient safety organization may release protected health information or patient identifying information without meeting the requirements of state laws and the federal Health Insurance Portability and Accountability Act of 1996, as amended from time to time.
    • (f)   A provider's disclosure of patient safety work product to a patient safety organization shall not modify, limit or waive any existing privilege or confidentiality protection.
  • Section 3 Subsection (c) of section 19a-127l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2004)
    • (c)  
      • (1)   There is established a Quality of Care Advisory Committee which shall advise the Department of Public Health on the issues set forth in subdivisions (1) to (12), inclusive, of subsection (b) of this section. The advisory committee shall meet at least quarterly.
      • (2)   Said committee shall create a standing subcommittee on best practices. The subcommittee shall advise the department on effective methods for sharing with providers the quality improvement information learned from the department's review of reports and corrective action plans, including quality improvement practices, patient safety issues and preventative strategies. The department shall, at least quarterly, disseminate information regarding quality improvement practices, patient safety issues and preventative strategies to the subcommittee and hospitals.
  • Section 4Hospital administration of Vaccines (NEW – Effective July 1, 2004)

    Sec. 4. (NEW) (Effective July 1, 2004) A hospital may administer influenza and pneumococcal polysaccharide vaccines to patients, after an assessment for contraindications, without a physician's order in accordance with a physician-approved hospital policy. The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to carry out the provisions of this section.

  • Public Act No. 04-164 approved June 1, 2004

Statement of Purpose (included with Raised Bill, but not in Bill that passed):

To conform the definition of adverse events to national standards, to change certain reporting requirements, to require practitioner review as part of an investigation, to establish patient safety organizations, and to create a committee on cardiac care improvement to work toward a system of collection of cardiac care data, evaluation of the data, and use of the data to improve cardiac care.

Office of Health Care Access (Chapter 368z)
Title 19a, Section 19a-630 – Definitions

As Used in this Chapter:
  • Section 19a-630 (Formerly 19a-145)Definitions
    • (1)Health care facility or institution” means any facility or institution engaged primarily in providing services for the prevention, diagnosis or treatment of human health conditions, including, but not limited to: Outpatient clinics; free standing outpatient surgical facilities; imaging centers; home health agencies, as defined in section 19a-490; clinical laboratory or central service facilities serving one or more health care facilities, practitioners or institutions; hospitals; residential care homes; nursing homes; rest homes; nonprofit health centers; diagnostic and treatment facilities; rehabilitation facilities; and mental health facilities. “Health care facility or institution” includes any parent company, subsidiary, affiliate or joint venture, or any combination thereof, of any such facility or institution, but does not include any health care facility operated by a nonprofit educational institution solely for the students, faculty and staff of such institution and their dependents, or any Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts.
    • (2)State health care facility or institution” means a hospital or other such facility or institution operated by the state providing services which are eligible for reimbursement under Title XVIII or XIX of the federal Social Security Act, 42 USC Section 301 et seq., as amended.
    • (3)Office” means the Office of Health Care Access.
    • (4)Commissioner” means the Commissioner of Health Care Access.
    • (5)Person” has the meaning assigned to it in section 4-166.
    • HISTORY: (P.A. 73-117, S. 2, 31; 73-616, S. 59; P.A. 75-562, S. 1, 8; P.A. 77-192, S. 1, 13; 77-601, S. 6, 11; 77-614, S. 323, 610; P.A. 78-109, S. 1, 2, 6; P.A. 86-374, S. 1, 6; P.A. 87-420, S. 13, 14; P.A. 89-72, S. 4, 5; P.A. 93-381, S. 9, 39; P.A. 94- 174, S. 4, 12; May Sp. Sess. P.A. 94-3, S. 19, 28; P.A. 95-257, S. 12, 21, 39, 41, 58; P.A. 98-150, S. 1, 17; P.A. 99-172, S. 2, 7; P.A. 00-27, S. 23, 24.)
    • HISTORY: P.A. 73-616 excluded from consideration as health care facility or institution facilities operated by nonprofit educational institution solely for students, faculty and staff and their dependents; P.A. 75-562 defined “commission” and “commissioner” and extended applicability beyond chapter; P.A. 77-192 defined “state health care facility or institution”; P.A. 77-601 included homemaker-home health aide agencies as health care facilities and institutions; P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 78-109 excluded Christian Science sanatoriums from consideration as health care facilities or institutions and specified that state health care facility or institution is one which provides services reimbursable under Title XVIII or XIX of Social Security Act; Sec. 19-73b transferred to Sec. 19a-145 in 1983; P.A. 86-374 deleted coordination, assessment and monitoring agencies from definition of health care facility or institution; P.A. 87-420 deleted an obsolete reference to Sec. 19a-7; P.A. 89-72 changed “diagnosis and treatment” to “diagnosis or treatment”; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-174 made technical changes in Subsec. (a) and added new Subsec. (b) defining “clinical laboratory” for certificate of need purposes, effective June 6, 1994; May Sp. Sess. P.A. 94-3 amended Subsec. (a) to add outpatient clinics, free-standing outpatient surgical facilities and imaging centers to the definition of health care facilities and to specify that such facilities include any parent company, subsidiary affiliate, joint venture or combination of such, effective July 1, 1994; P.A. 95-257 replaced reference to Secs. 17b-238 and 19a-114 with reference to chapter 368z, Commission on Hospitals and Health Care with Office of Health Care Access and Commissioner of Public Health and Addiction Services with Commissioner of Health Care Access, effective July 1, 1995; Sec. 19a-145 transferred to Sec. 19a-630 in 1997; P.A. 98-150 changed Subdiv. designations from letters to numbers, amended Subdiv. (1) to change “home health care agencies” to “home health agencies”, delete “homemaker-home health aide agencies”, change “personal care homes” to “residential care homes” add “rest homes” and delete reference to municipal outpatient clinics, added new Subdiv. (5) defining “affiliate” and deleted former Subsec. (b) defining “clinical laboratory”, effective June 5, 1998; P.A. 99-172 deleted former Subdiv. (5) defining “affiliate” and added new Subdiv. (5) defining “person”, effective June 23, 1999; P.A. 00-27 made technical changes in Subdiv. (1), effective May 1, 2000.
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