The Florida Senate

381.0271  Florida Patient Safety Corporation.--

(1)  DEFINITIONS.--As used in this section, the term:

(a)  "Adverse incident" has the same meanings provided in ss. 395.0197, 458.351, and 459.026

(b)  "Corporation" means the Florida Patient Safety Corporation.

(c)  "Patient safety data" has the same meaning provided in s. 766.1016

(2)  CREATION.--

(a)  The Florida Patient Safety Corporation is created as a not-for-profit corporation and shall be registered, incorporated, organized, and operated in compliance with chapter 617. The corporation may create not-for-profit corporate subsidiaries that are organized under the provisions of chapter 617, upon the prior approval of the board of directors, as necessary, to fulfill its mission.

(b)  The corporation and any authorized and approved subsidiary are not an agency as defined in s. 20.03(11).

(c)  The corporation and any authorized and approved subsidiary are subject to the public meetings and records requirements of s. 24, Art. I of the State Constitution, chapter 119, and s. 286.011

(d)  The corporation and any authorized and approved subsidiary are not subject to the provisions of chapter 287.

(e)  The corporation is a patient safety organization as defined in s. 766.1016

(3)  PURPOSE.--

(a)  The purpose of the corporation is to serve as a learning organization dedicated to assisting health care providers in this state to improve the quality and safety of health care rendered and to reduce harm to patients. The corporation shall promote the development of a culture of patient safety in the health care system in this state. The corporation shall not regulate health care providers in this state.

(b)  In fulfilling its purpose, the corporation shall work with a consortium of patient safety centers and other patient safety programs.

(4)  BOARD OF DIRECTORS; MEMBERSHIP.--The corporation shall be governed by a board of directors. The board of directors shall consist of:

(a)  The chair of the Florida Council of Medical School Deans.

(b)  Two representatives with expertise in patient safety issues for the authorized health insurer and authorized health maintenance organization with the largest market shares, respectively, as measured by premiums written in the state for the most recent calendar year, appointed by such insurer.

(c)  A representative of an authorized medical malpractice insurer appointed by the Florida Insurance Council.

(d)  The president of the Central Florida Health Care Coalition.

(e)  Two representatives of a hospital in this state that is implementing innovative patient safety initiatives, appointed by the Florida Hospital Association.

(f)  A physician with expertise in patient safety, appointed by the Florida Medical Association.

(g)  A physician with expertise in patient safety, appointed by the Florida Osteopathic Medical Association.

(h)  A physician with expertise in patient safety, appointed by the Florida Podiatric Medical Association.

(i)  A physician with expertise in patient safety, appointed by the Florida Chiropractic Association.

(j)  A dentist with expertise in patient safety, appointed by the Florida Dental Association.

(k)  A nurse with expertise in patient safety, appointed by the Florida Nurses Association.

(l)  An institutional pharmacist, appointed by the Florida Society of Health-System Pharmacists.

(m)  A representative of Florida AARP, appointed by the state director of Florida AARP.

(5)  ADVISORY COMMITTEES.--In addition to any committees that the corporation may establish, the corporation shall establish the following advisory committees:

(a)  A scientific research advisory committee that includes, at a minimum, a representative from each patient safety center or other patient safety program in the universities of the state who are physicians licensed pursuant to chapter 458 or chapter 459, with experience in patient safety and evidenced-based medicine. The duties of the advisory committee shall include, but not be limited to, the analysis of existing data and research to improve patient safety and encourage evidence-based medicine.

(b)  A technology advisory committee that includes, at a minimum, a representative of a hospital that has implemented a computerized physician order entry system and a health care provider that has implemented an electronic medical records system. The duties of the advisory committee shall include, but not be limited to, implementation of new technologies, including electronic medical records.

(c)  A health care provider advisory committee that includes, at a minimum, representatives of hospitals, ambulatory surgical centers, physicians, nurses, and pharmacists licensed in this state and a representative of the Veterans Integrated Service Network 8, Virginia Patient Safety Center. The duties of the advisory committee shall include, but not be limited to, promotion of a culture of patient safety that reduces errors.

(d)  A health care consumer advisory committee that includes, at a minimum, representatives of businesses that provide health insurance coverage to their employees, consumer advocacy groups, and representatives of patient safety organizations. The duties of the advisory committee shall include, but not be limited to, incentives to encourage patient safety and the efficiency and quality of care.

(e)  A state agency advisory committee that includes, at a minimum, a representative from each state agency that has regulatory responsibilities related to patient safety. The duties of the advisory committee shall include, but not be limited to, interagency coordination of patient safety efforts.

(f)  A litigation alternatives advisory committee that includes, at a minimum, representatives of medical malpractice attorneys for plaintiffs and defendants and a representative of each law school in the state. The duties of the advisory committee shall include, but not be limited to, alternative systems to compensate for injuries.

(g)  An education advisory committee that includes, at a minimum, the associate dean for education, or the equivalent position, as a representative from each medicine, nursing, public health, or allied health service to provide advice on the development, implementation, and measurement of core competencies for patient safety to be considered for incorporation in the educational programs of the universities and colleges of this state.

(6)  ORGANIZATION; MEETINGS.--

(a)  The Agency for Health Care Administration shall assist the corporation in its organizational activities required under chapter 617, including, but not limited to:

1.  Eliciting appointments for the initial board of directors.

2.  Convening the first meeting of the board of directors and assisting with other meetings of the board of directors, upon request of the board of directors, during the first year of operation of the corporation.

3.  Drafting articles of incorporation for the board of directors and, upon request of the board of directors, delivering articles of incorporation to the Department of State for filing.

4.  Drafting proposed bylaws for the corporation.

5.  Paying fees related to incorporation.

6.  Providing office space and administrative support, at the request of the board of directors, but not beyond July 1, 2005.

(b)  The board of directors must conduct its first meeting no later than August 1, 2004, and shall meet thereafter as frequently as necessary to carry out the duties of the corporation.

(7)  POWERS AND DUTIES.--

(a)  In addition to the powers and duties prescribed in chapter 617, and the articles and bylaws adopted under that chapter, the corporation shall, directly or through contract:

1.  Secure staff necessary to properly administer the corporation.

2.  Collect, analyze, and evaluate patient safety data and quality and patient safety indicators, medical malpractice closed claims, and adverse incidents reported to the Agency for Health Care Administration and the Department of Health for the purpose of recommending changes in practices and procedures that may be implemented by health care practitioners and health care facilities to improve health care quality and to prevent future adverse incidents. Notwithstanding any other provision of law, the Agency for Health Care Administration and the Department of Health shall make available to the corporation any adverse incident report submitted under ss. 395.0197, 458.351, and 459.026 To the extent that adverse incident reports submitted under s. 395.0197 are confidential and exempt, the confidential and exempt status of such reports shall be maintained by the corporation.

3.  Establish a "near-miss" patient safety reporting system. The purpose of the near-miss reporting system is to: identify potential systemic problems that could lead to adverse incidents; enable publication of systemwide alerts of potential harm; and facilitate development of both facility-specific and statewide options to avoid adverse incidents and improve patient safety. The reporting system shall record "near misses" submitted by hospitals, birthing centers, and ambulatory surgical centers and other providers. For the purpose of the reporting system:

a.  The term "near miss" means any potentially harmful event that could have had an adverse result but, through chance or intervention in which, harm was prevented.

b.  The near-miss reporting system shall be voluntary and anonymous and independent of mandatory reporting systems used for regulatory purposes.

c.  Near-miss data submitted to the corporation is patient safety data as defined in s. 766.1016

d.  Reports of near-miss data shall be published on a regular basis and special alerts shall be published as needed regarding newly identified, significant risks.

e.  Aggregated data shall be made available publicly.

f.  The corporation shall report the performance and results of the near-miss project in its annual report.

4.  Work collaboratively with the appropriate state agencies in the development of electronic health records.

5.  Provide for access to an active library of evidence-based medicine and patient safety practices, together with the emerging evidence supporting their retention or modification, and make this information available to health care practitioners, health care facilities, and the public. Support for implementation of evidence-based medicine shall include:

a.  A report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Agency for Health Care Administration by January 1, 2005, on:

(I)  The ability to join or support efforts for the use of evidence-based medicine already underway, such as those of the Leapfrog Group, the international group Bandolier, and the Healthy Florida Foundation.

(II)  The means by which to promote research using Medicaid and other data collected by the Agency for Health Care Administration to identify and quantify the most cost-effective treatment and interventions, including disease management and prevention programs.

(III)  The means by which to encourage development of systems to measure and reward providers who implement evidence-based medical practices.

(IV)  The review of other state and private initiatives and published literature for promising approaches and the dissemination of information about them to providers.

(V)  The encouragement of the Florida health care boards under the Department of Health to regularly publish findings related to the cost-effectiveness of disease-specific, evidence-based standards.

(VI)  Public and private sector initiatives related to evidence-based medicine and communication systems for the sharing of clinical information among caregivers.

(VII)  Regulatory barriers that interfere with the sharing of clinical information among caregivers.

b.  An implementation plan reported to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Agency for Health Care Administration by September 1, 2005, that must include, but need not be limited to: estimated costs and savings, capital investment requirements, recommended investment incentives, initial committed provider participation by region, standards of functionality and features, a marketing plan, and implementation schedules for key components.

6.  Develop and recommend core competencies in patient safety that can be incorporated into the undergraduate and graduate curricula in schools of medicine, nursing, and allied health in the state.

7.  Develop and recommend programs to educate the public about the role of health care consumers in promoting patient safety.

8.  Provide recommendations for interagency coordination of patient safety efforts in the state.

(b)  In carrying out its powers and duties, the corporation may also:

1.  Assess the patient safety culture at volunteering hospitals and recommend methods to improve the working environment related to patient safety at these hospitals.

2.  Inventory the information technology capabilities related to patient safety of health care facilities and health care practitioners and recommend a plan for expediting the implementation of patient safety technologies statewide.

3.  Recommend continuing medical education regarding patient safety to practicing health care practitioners.

4.  Study and facilitate the testing of alternative systems of compensating injured patients as a means of reducing and preventing medical errors and promoting patient safety.

5.  Conduct other activities identified by the board of directors to promote patient safety in this state.

(8)  ANNUAL REPORT.--By December 1, 2004, the corporation shall prepare a report on the startup activities of the corporation and any proposals for legislative action that are needed for the corporation to fulfill its purposes under this section. By December 1 of each year thereafter, the corporation shall prepare a report for the preceding fiscal year. The report, at a minimum, must include:

(a)  A description of the activities of the corporation under this section.

(b)  Progress made in improving patient safety and reducing medical errors.

(c)  Policies and programs that have been implemented and their outcomes.

(d)  A compliance and financial audit of the accounts and records of the corporation at the end of the preceding fiscal year conducted by an independent certified public accountant.

(e)  Recommendations for legislative action needed to improve patient safety in the state.

(f)  An assessment of the ability of the corporation to fulfill the duties specified in this section and the appropriateness of those duties for the corporation.

The corporation shall submit the report to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

(9)  FUNDING.--The corporation is required to seek private sector funding and apply for grants to accomplish its goals and duties.

(10)  PERFORMANCE EXPECTATIONS.--The Office of Program Policy Analysis and Government Accountability, the Agency for Health Care Administration, and the Department of Health shall develop performance standards by which to measure the success of the corporation in fulfilling the purposes established in this section. Using the performance standards, the Office of Program Policy Analysis and Government Accountability shall conduct a performance audit of the corporation during 2006 and shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1, 2007.

History.--s. 18, ch. 2004-297.