74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2524
Sponsored by Representatives TOMEI, GREENLICK; Representatives
BARKER, BARNHART, BOONE, BUCKLEY, CANNON, CLEM, COWAN,
DINGFELDER, GALIZIO, GELSER, GILLIAM, HOLVEY, LIM, NELSON,
RILEY, ROSENBAUM, SHIELDS, WITT
CHAPTER ................
AN ACT
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 Oregon:
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
Oregon Health Policy and Research the Oregon Health Care Acquired
Infection Reporting Program. The program shall:
(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.
Enrolled House Bill 2524 (HB 2524-B) Page 1
(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 Oregon Patient Safety Commission
who does not represent a health care provider on the commission;
(H) The state epidemiologist; and
(I) A health insurer representative.
Enrolled House Bill 2524 (HB 2524-B) Page 2
(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 Oregon Health Policy and Research shall
adopt rules implementing the Oregon Health Care Acquired
Infection Reporting Program no later than July 1, 2008. Health
care facilities shall begin reporting health care acquired
infection measures under section 3 of this 2007 Act no later than
January 1, 2009. + }
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 Oregon Health Policy
and Research shall prepare an annual report summarizing the
health care facility reports submitted pursuant to section 3 of
this 2007 Act. The Office for Oregon Health Policy and Research
shall make the reports available to the public in the manner
Enrolled House Bill 2524 (HB 2524-B) Page 3
provided in ORS 192.243 and to the Legislative Assembly in the
manner provided in ORS 192.245. The first report shall be made
available no later than January 1, 2010.
(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.
Enrolled House Bill 2524 (HB 2524-B) Page 4
(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. + }
----------
Passed by House June 22, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 25, 2007
...........................................................
President of Senate
Enrolled House Bill 2524 (HB 2524-B) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2524 (HB 2524-B) Page 6