Chapter 838
AN ACT
HB 2524
Relating to health care facility acquired infections; creating new
provisions; amending ORS 442.445; appropriating money; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. The Legislative Assembly finds that
Oregonians should be free from infections acquired during the delivery of
health care. Action taken in this state to prevent health care acquired
infections should be trustworthy, effective, transparent and reliable.
SECTION 2. As used in sections 1 to 6 of this 2007 Act:
(1) “Health care
facility” has the meaning given that term in ORS 442.015.
(2) “Health care
acquired infection” means a localized or systemic condition that:
(a) Results from an
adverse reaction to the presence of an infectious agent or its toxin; and
(b)
Was not present or incubating at the time of admission to the health care
facility.
(3) “Risk-adjusted
methodology” means a standardized method used to ensure that intrinsic and
extrinsic risk factors for a health care acquired infection are considered in
the calculation of health care acquired infection rates.
SECTION 3. (1) There is established in the Office for
(a) Provide useful and
credible infection measures, specific to each health care facility, to
consumers;
(b) Promote quality
improvement in health care facilities; and
(c) Utilize existing
quality improvement efforts to the extent practicable.
(2) The office shall
adopt rules to:
(a) Require health care
facilities to report to the office health care acquired infection measures,
including but not limited to health care acquired infection rates;
(b) Specify the health
care acquired infection measures that health care facilities must report; and
(c) Prescribe the form,
manner and frequency of reports of health care acquired infection measures by
health care facilities.
(3) In prescribing the
form, manner and frequency of reports of health care acquired infection
measures by health care facilities, to the extent practicable and appropriate
to avoid unnecessary duplication of reporting by facilities, the office shall
align the requirements with the requirements for health care facilities to
report similar data to the Department of Human Services and to the Centers for
Medicare and Medicaid Services.
(4) The office shall
utilize, to the extent practicable and appropriate, a credible and reliable
risk-adjusted methodology in analyzing the health care acquired infection
measures reported by health care facilities.
(5) The office shall
provide health care acquired infection measures and related information to
health care facilities in a manner that promotes quality improvement in the
health care facilities.
(6) The office shall
adopt rules prescribing the form, manner and frequency for public disclosure of
reported health care acquired infection measures. The office shall disclose
updated information to the public no less frequently than every six months
beginning January 1, 2010, and no less frequently than every calendar quarter
beginning January 1, 2011.
(7) Individually
identifiable health information submitted to the office by health care
facilities pursuant to this section may not be disclosed to, made subject to
subpoena by or used by any state agency for purposes of any enforcement or
regulatory action in relation to a participating health care facility.
SECTION 4. (1) There is established the Health Care
Acquired Infection Advisory Committee to advise the Administrator of the Office
for Oregon Health Policy and Research regarding the Oregon Health Care Acquired
Infection Reporting Program. The advisory committee shall consist of 16 members
appointed by the administrator as follows:
(a) Seven of the members
shall be health care providers or their designees, including:
(A) A hospital
administrator who has expertise in infection control and who represents a
hospital that contains fewer than 100 beds;
(B) A hospital
administrator who has expertise in infection control and who represents a
hospital that contains 100 or more beds;
(C) A long term care
administrator;
(D) A hospital quality
director;
(E) A physician with
expertise in infectious disease;
(F) A registered nurse
with interest and involvement in infection control; and
(G) A physician who
practices in an ambulatory surgical center and who has interest and involvement
in infection control.
(b) Nine of the members
shall be individuals who do not represent health care providers, including:
(A) A consumer
representative;
(B) A labor
representative;
(C) An academic
researcher;
(D) A health care
purchasing representative;
(E) A representative of
the Department of Human Services;
(F) A representative of
the business community;
(G) A representative of
the
(H) The state
epidemiologist; and
(I) A
health insurer representative.
(2) The Administrator of
the Office for Oregon Health Policy and Research and the advisory committee
shall evaluate on a regular basis the quality and accuracy of the data
collected and reported by health care facilities under section 3 of this 2007
Act and the methodologies of the Office for Oregon Health Policy and Research
for data collection, analysis and public disclosure.
(3) Members of the
advisory committee are not entitled to compensation and shall serve as
volunteers on the advisory committee.
(4) Each member of the
advisory committee shall serve a term of two years.
(5) The advisory
committee shall make recommendations to the administrator regarding:
(a) The health care
acquired infection measures that health care facilities must report, which may
include but are not limited to:
(A) Surgical site
infections;
(B) Central line related
bloodstream infections;
(C) Urinary tract
infections; and
(D) Health care facility
process measures designed to ensure quality and to reduce health care acquired
infections;
(b) Methods for evaluating
and quantifying health care acquired infection measures that align with other
data collection and reporting methodologies of health care facilities and that
support participation in other quality interventions;
(c) Requiring different
reportable health care acquired infection measures for differently situated
health care facilities as appropriate;
(d) A method to ensure
that infections present upon admission to the health care facility are excluded
from the rates of health care acquired infection disclosed to the public for
the health care facility under sections 3 and 6 of this 2007 Act;
(e) Establishing a
process for evaluating the health care acquired infection measures reported
under section 3 of this 2007 Act and for modifying the reporting requirements
over time as appropriate;
(f) Establishing a
timetable to phase in the reporting and public disclosure of health care
acquired infection measures; and
(g) Procedures to
protect the confidentiality of patients, health care professionals and health
care facility employees.
(6) The Office for
SECTION 5. Notwithstanding the term of office specified
by section 4 of this 2007 Act, of the members first appointed to the Health
Care Acquired Infection Advisory Committee:
(1) Five shall serve for
terms ending January 1, 2010.
(2) Five shall serve for
terms ending January 1, 2011.
(3) The remaining
members shall serve for a term ending January 1, 2012.
SECTION 6. (1) In addition to any report required
pursuant to section 3 of this 2007 Act, on or before April 30 of each year, the
Administrator of the Office for
(2) The annual report
shall, for each health care facility in the state, compare the health care
acquired infection measures reported under section 3 of this 2007 Act. The
office, in consultation with the Health Care Acquired Infection Advisory
Committee, shall provide the information in the report in a format that is as
easily comprehensible as possible.
(3) The annual report
may include findings, conclusions and trends concerning the health care
acquired infection measures reported under section 3 of this 2007 Act, a
comparison to the health care acquired infection measures reported in prior
years and any policy recommendations.
(4) The office shall
publicize the annual report and its availability to interested persons,
including providers, media organizations, health insurers, health maintenance
organizations, purchasers of health insurance, organized labor, consumer and
patient advocacy groups and individual consumers.
(5) The annual report
and quarterly reports under this section and section 3 of this 2007 Act may not
contain information that identifies a patient, a licensed health care
professional or an employee of a health care facility in connection with a
specific infection incident.
SECTION 7. ORS 442.445 is amended to read:
442.445. (1) Any health
care facility that fails to perform as required in ORS 442.400 to 442.463 or
section 3 of this 2007 Act and rules of the Office for Oregon Health Policy
and Research may be subject to a civil penalty.
(2) The Administrator of
the Office for Oregon Health Policy and Research shall adopt a schedule of
penalties not to exceed $500 per day of violation, determined by the severity
of the violation.
(3) Civil penalties
under this section shall be imposed as provided in ORS 183.745.
(4) Civil penalties
imposed under this section may be remitted or mitigated upon such terms and
conditions as the administrator considers proper and consistent with the public
health and safety.
(5) Civil penalties
incurred under any law of this state are not allowable as costs for the purpose
of rate determination or for reimbursement by a third-party payer.
SECTION 8. ORS 442.445, as amended by section 7 of this
2007 Act, is amended to read:
442.445. (1) Any health
care facility that fails to perform as required in ORS 442.400 to 442.463 [or section 3 of this 2007 Act] and rules
of the Office for Oregon Health Policy and Research may be subject to a civil
penalty.
(2) The Administrator of
the Office for Oregon Health Policy and Research shall adopt a schedule of
penalties not to exceed $500 per day of violation, determined by the severity
of the violation.
(3) Civil penalties
under this section shall be imposed as provided in ORS 183.745.
(4) Civil penalties
imposed under this section may be remitted or mitigated upon such terms and
conditions as the administrator considers proper and consistent with the public
health and safety.
(5) Civil penalties
incurred under any law of this state are not allowable as costs for the purpose
of rate determination or for reimbursement by a third-party payer.
SECTION 9. The amendments to ORS 442.445 by section 8
of this 2007 Act become operative on January 2, 2018.
SECTION 10. Except as provided in section 11 of this
2007 Act, sections 1 to 6 of this 2007 Act and the amendments to ORS 442.445
section 7 of this 2007 Act become operative on January 1, 2008.
SECTION 11. Before the operative date specified in
section 10 of this 2007 Act, the Administrator of the Office for Oregon Health
Policy and Research may take any action necessary to exercise the duties
conferred on the administrator by sections 1 to 6 of this 2007 Act and the
amendments to ORS 442.445 by section 7 of this 2007 Act on and after the
operative date specified in section 10 of this 2007 Act.
SECTION 12. Sections 1 to 6 of this 2007 Act are
repealed on January 2, 2018.
SECTION 13. In addition to and not in lieu of any other
appropriation, there is appropriated to the Oregon Department of Administrative
Services, for the biennium beginning July 1, 2007, out of the General Fund, the
amount of $201,467, which may be expended for carrying out the provisions of
sections 1 to 6 and 11 of this 2007 Act.
SECTION 14. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect July 1, 2007.
Approved by the Governor July 27, 2007
Filed in the office of Secretary of State July 27, 2007
Effective date July 27, 2007
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