House Bill 1851c1

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    Florida House of Representatives - 2000             CS/HB 1851

        By the Committee on Health Care Licensing & Regulation and
    Representatives Crow and Levine





  1                      A bill to be entitled

  2         An act relating to hospital internal risk

  3         management; amending s. 395.0197, F.S.;

  4         updating a cross reference; revising

  5         circumstances under which certain adverse

  6         incidents occurring in a hospital, ambulatory

  7         surgical center, or mobile surgical facility

  8         must be reported to the Agency for Health Care

  9         Administration; requiring the agency to

10         annually publish report cards summarizing each

11         such facility's incident reports; requiring the

12         report cards to be available to the public

13         on-line and through other means by a specified

14         date; specifying organization and minimum

15         contents of the report cards; requiring a

16         statement regarding the use of adverse incident

17         data in assessing a facility; providing an

18         effective date.

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20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Subsection (2), paragraph (c) of subsection

23  (5), and subsection (18) of section 395.0197, Florida

24  Statutes, are amended to read:

25         395.0197  Internal risk management program.--

26         (2)  The internal risk management program is the

27  responsibility of the governing board of the health care

28  facility. Each licensed facility shall hire a risk manager,

29  licensed under ss. 395.10971-395.10975 part IX of chapter 626,

30  who is responsible for implementation and oversight of such

31  facility's internal risk management program as required by

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    Florida House of Representatives - 2000             CS/HB 1851

    601-182-00






  1  this section.  A risk manager must not be made responsible for

  2  more than four internal risk management programs in separate

  3  licensed facilities, unless the facilities are under one

  4  corporate ownership or the risk management programs are in

  5  rural hospitals.

  6         (5)  For purposes of reporting to the agency pursuant

  7  to this section, the term "adverse incident" means an event

  8  over which health care personnel could exercise control and

  9  which is associated in whole or in part with medical

10  intervention, rather than the condition for which such

11  intervention occurred, and which:

12         (c)  Required the surgical repair of damage resulting

13  to a patient from a planned surgical procedure, where the

14  damage was not a recognized specific risk, as disclosed to the

15  patient and documented through the informed-consent process;

16  or

17         (18)  The agency shall annually publish a report card

18  summarizing the information contained in the annual incident

19  reports submitted by licensed facilities pursuant to

20  subsection (6) and disciplinary actions reported to the agency

21  pursuant to s. 395.0193. The report card must be made

22  available to the public through the World Wide Web and other

23  commonly used means of distribution no later than July 1 of

24  each year. The report card must be organized by county and, at

25  a minimum, for each hospital and other licensed facility in

26  the state, present an itemized list showing summarize:

27         (a)  The name and address of the facility.

28         (b)  Whether the facility is a private, for-profit or

29  not-for-profit, public, or teaching facility.

30         (c)  The total number of beds.

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    Florida House of Representatives - 2000             CS/HB 1851

    601-182-00






  1         (d)  A description of the categories of services

  2  provided by the facility.

  3         (e)(a)  On an annual basis, the percentage of adverse

  4  incidents per total number of patients in the facility, by

  5  category of reported incident, and by type of professional

  6  involved.

  7         (f)  A listing, by category, of the types of

  8  operations, diagnostic or treatment procedures, or other

  9  actions or inactions, giving rise to the adverse incidents and

10  the number of adverse incidents in each category.

11         (g)(b)  Types of malpractice claims filed, by type of

12  professional involved.

13         (h)(c)  Disciplinary actions taken against

14  professionals, by type of professional involved.

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16  The report card must include the following statement: "Adverse

17  incident reports are just one part of the picture that emerges

18  about a facility. You should also consider that facility's

19  survey results and complaint investigations and conduct your

20  own research on a facility before coming to conclusions about

21  that facility. When making comparisons among facilities, some

22  may have many more adverse incidents than others because this

23  report is not adjusted for the size of the facility nor the

24  severity or complexity of the health problems of the people it

25  serves."

26         Section 2.  This act shall take effect October 1, 2000.

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