3.0.0 3205 2022-02-03T05:35:32Z 2022-02-03T05:35:32Z House H HR 2005-07-12 109 hsif00 Energy and Commerce Committee House Standing hsif14 Health Subcommittee Reported by 2005-07-14T21:08:06Z Markup by 2005-07-14T21:07:41Z Referred to 2005-07-14T21:07:05Z Reported by 2005-07-27T23:29:45Z Markup by 2005-07-20T18:15:40Z Referred to 2005-07-12T13:11:00Z H. Rept. 109-197 Patient Safety and Quality Improvement Act of 2005 109 544 S 2005-08-05 Referred to the Subcommittee on Health. Related bill House 2005-07-27 Placed on the Union Calendar, Calendar No. 117. Calendars H12410 2 House floor actions U00117 2005-07-27 Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-197. Committee H12200 2 House floor actions hsif00 Energy and Commerce Committee 2005-07-27 Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-197. Committee 5000 9 Library of Congress hsif00 Energy and Commerce Committee 2005-07-20 hsif00 Energy and Commerce Committee 1 House committee actions Ordered to be Reported (Amended) by Voice Vote. Committee 2005-07-20 hsif00 Energy and Commerce Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2005-07-14 hsif14 Health Subcommittee 1 House committee actions Forwarded by Subcommittee to Full Committee by Voice Vote. Committee 2005-07-14 hsif14 Health Subcommittee 1 House committee actions Subcommittee Consideration and Mark-up Session Held. Committee 2005-07-14 hsif14 Health Subcommittee 1 House committee actions Referred to the Subcommittee on Health. Committee 2005-07-12 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2005-07-12 Introduced in House IntroReferral Intro-H 9 Library of Congress 2005-07-12 Introduced in House IntroReferral 1000 9 Library of Congress B000463 Rep. Bilirakis, Michael [R-FL-9] MICHAEL BILIRAKIS R FL 9 N D000168 Rep. Deal, Nathan [R-GA-10] NATHAN DEAL R GA 10 2005-07-12 True B000944 Rep. Brown, Sherrod [D-OH-13] Sherrod Brown D OH 13 2005-07-12 True W000215 Rep. Waxman, Henry A. [D-CA-30] HENRY WAXMAN D CA A. 30 2005-07-12 True M001151 Rep. Murphy, Tim [R-PA-18] Tim Murphy R PA 18 2005-07-14 False B001229 Rep. Baird, Brian [D-WA-3] BRIAN BAIRD D WA 3 2005-07-18 False W000413 Rep. Whitfield, Ed [R-KY-1] EDWARD WHITFIELD R KY 1 2005-07-18 False E000215 Rep. Eshoo, Anna G. [D-CA-14] ANNA ESHOO D CA G. 14 2005-07-18 False B000490 Rep. Bishop, Sanford D., Jr. [D-GA-2] SANFORD BISHOP D GA D. 2 2005-07-21 False B001248 Rep. Burgess, Michael C. [R-TX-26] Michael Burgess R TX C. 26 2005-07-22 False N000159 Rep. Norwood, Charles W. [R-GA-9] CHARLES NORWOOD R GA W. 9 2005-07-22 False W000791 Rep. Walden, Greg [R-OR-2] GREG WALDEN R OR 2 2005-07-22 False U000031 Rep. Upton, Fred [R-MI-6] FRED UPTON R MI 6 2005-07-22 False B001228 Rep. Bono, Mary [R-CA-45] Mary Bono R CA 45 2005-07-22 False D000605 Rep. Drake, Thelma D. [R-VA-2] Thelma Drake R VA D. 2 2005-07-25 False G000410 Rep. Green, Gene [D-TX-29] GENE GREEN D TX 29 2005-07-25 False E000287 Rep. Emanuel, Rahm [D-IL-5] Rahm Emanuel D IL 5 2005-07-25 False P000323 Rep. Pickering, Charles W. "Chip" [R-MS-3] CHARLES PICKERING R MS W. 3 2005-07-25 False M000404 Rep. McDermott, Jim [D-WA-7] JIM MCDERMOTT D WA 7 2005-07-26 False 2005-07-27T04:00:00Z H.R. 3205, Patient Safety and Quality Improvement Act of 2005 http://www.cbo.gov/publication/17037 <p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on July 20, 2005</p> 2005-07-27T04:00:00Z H.R. 3205, Patient Safety and Quality Improvement Act of 2005 https://www.cbo.gov/publication/17037 Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on July 20, 2005 Health Accreditation (Medical care) Administrative procedure Administrative remedies Associations, institutions, etc. Civil Rights and Liberties, Minority Issues Civil actions and liability Commerce Communication in medicine Computer software Computers Confidential communications Conflict of interests Congress Congressional investigations Congressional reporting requirements Cost effectiveness Data banks Department of Health and Human Services Disciplining of employees Discovery (Law) Dismissal of employees Drug industry Drugs Economics and Public Finance Electronic data interchange Employee rights Evidence (Law) Federal aid to health facilities Fines (Penalties) Freedom of information Government Operations and Politics Government paperwork Governmental investigations Grants-in-aid Health information systems Health surveys Hospital care Hospitals Identification devices Information technology Injunctions Labeling Labor and Employment Law Licenses Medical economics Medical malpractice Medical personnel Medical records Medical research Medical statistics Medical technology Packaging Patient satisfaction Patients' rights Performance measurement Pharmacists Physicians Preventive medicine Quality of care Right of privacy Science, Technology, Communications Standards State laws Subpoena Technological innovations Technology assessment Wage restitution Whistle blowing Health 00 2005-07-12 Introduced in House 2005-10-13T15:17:06Z Patient Safety and Quality Improvement Act - Amends the Public Health Service Act to protect patient safety work product from being subject to certain disclosures, including pursuant to a civil or administrative subpoena. Defines "patient safety work product" to mean a document or communication that: (1) is developed by a provider for the purpose of reporting to a patient safety organization (PSO); (2) is created by a PSO; or (3) would reveal deliberations or analytic process of a patient safety evaluation system.

Prohibits: (1) a provider from using the good faith reporting of information to a PSO against an individual in an adverse employment action; or (2) a person from disclosing patient safety work product in violation of this Act if such disclosure constitutes a negligent or knowing breach of confidentiality.

Requires the Secretary of Health and Human Services to: (1) provide for the establishment and maintenance of a database to receive relevant nonidentifiable patient safety work product; (2) establish a process for certifying PSOs; and (3) develop or adopt voluntary national standards that promote the interoperability of information technology systems involved with health care delivery.

Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary to require manufacturers, packagers, or labelers of any drug or biological product to include a unique product identifier on the packaging of such drug or product.

Allows the Secretary to make grants to qualified practitioners for the purpose of establishing electronic prescription programs.

Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to assess the effectiveness of the use of electronic prescription programs.

Requires the Secretary to make grants to hospitals and health care providers for acquiring or implementing information technologies.

]]> 17 2005-07-27 Reported to House with amendment(s) 2005-11-01T21:09:46Z Patient Safety and Quality Improvement Act of 2005 - Amends the Public Health Service Act to designate patient safety work product as privileged and not subject to: (1) a subpoena or discovery in a civil, criminal, or administrative disciplinary proceeding against a provider; (2) disclosure under the Freedom of Information Act (FOIA) or a similar law; (3) admission as evidence in any civil, criminal, or administrative proceeding; or (4) admission in a professional disciplinary proceeding. Defines "patient safety work product" as any data, reports, records, memoranda, analysis, or written or oral statements which: (1) are assembled or developed by a provider for reporting to a patient safety organization (PSO); (2) are developed by a PSO for patient safety activities and which could result in improved patient safety or health care quality or outcomes; or (3) identify or constitute the deliberations or analysis of, or identify the fact of reporting pursuant to, a patient safety evaluation system.

Designates such work product as confidential, but permits: (1) disclosure for use in a criminal proceeding after a court determines that such work product contains evidence of a criminal act and is material to the proceeding and not reasonably available from any other source; (2) disclosure to the extent required to seek redress for violations through a civil action; and (3) disclosure if authorized by each provider identified in such work product.

Excludes certain disclosures from confidentiality protection, including: (1) disclosures to carry out patient safety activities; (2) disclosures of nonidentifiable work product; (3) disclosures otherwise allowed under Health Insurance Portability and Accountability Act of 1996 (HIPAA) confidentiality regulations to entities carrying out sanctioned research, evaluation, or demonstration products; (4) disclosures by a provider to the Food and Drug Administration (FDA); (5) voluntary disclosures by a provider to the provider's accrediting body; (6) disclosures necessary for business operations consistent with the goals of this Act; (7) disclosures to law enforcement authorities relating to the commission of a crime if the person making the disclosure reasonably believes the disclosure is necessary; and (8) disclosures that do not include materials that assess the quality of care of an identifiable provider or pertain to actions or failures to act by an identifiable provider by a person other than a PSO. Excludes from privilege any voluntary disclosure of nonidentifiable work product.

Instructs that privilege and confidentiality of work product continues for disclosures under this Act, with certain exceptions. Prevents a PSO from being compelled to disclose information collected or developed unless such information is identified, is not work product, and is not reasonably available from another source.

Prohibits an accrediting body from: (1) taking an accrediting action against a provider based on the provider's good faith participation in the collection, development, reporting, or maintenance of work product in accordance with this Act; and (2) requiring a provider to reveal communications with any PSO. Prevents a provider from taking an adverse employment action against an individual for the good faith reporting of information.

Sets forth penalties for the disclosure of identifiable work product in knowing or reckless violation of this Act. Allows an individual to bring a civil action to enjoin any act or practice that violates this Act.

Declares that this Act shall not: (1) limit greater privileges or confidentiality protections under federal, state, or local laws; (2) limit, alter, or affect the legal requirements pertaining to information that is not privileged or confidential; (3) alter or affect the implementation of HIPAA confidentiality regulations; (4) limit the authority of any provider, PSO, or other entity to require greater confidentiality or delegate authority to make disclosures; (5) preempt or affect any state law requiring a provider to report information that is not work product; (6) limit, alter, or affect any requirement for reporting safety information to the FDA; or (7) prohibit any person from conducting additional analysis.

Requires the Secretary to report to Congress on effective strategies for reducing medical errors and increasing patient safety.

Requires the Secretary to facilitate the creation of and maintain a network of patient safety databases that: (1) provide an interactive evidence-based management resource for providers, PSOs, and other entities; and (2) have the capacity to accept, aggregate across the network, and analyze voluntarily reported nonidentifiable work product. Requires the Secretary to assess the feasibility of providing for a single point of access to the network for qualified researchers for information aggregated across the network and, if feasible, provide for implementation. Allows the Secretary to determine common formats for reporting to the databases that are consistent with the administration simplification provisions of the Social Security Act. Requires that information reported to the databases be used to analyze national and regional statistics and be made available to the public.

Requires PSOs to submit an initial certification to the Secretary and renew their certification every three years. Sets forth criteria for certification.

Requires the Secretary to: (1) determine if the initial and subsequent certifications meet the requirements of this Act; and (2) compile and maintain a listing of certified PSOs. Makes provisions for work product if a PSO's certification is expired or revoked.

Allows the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to provide technical assistance to PSOs.

Requires the Comptroller General to study the effectiveness of this Act.

]]> Patient Safety and Quality Improvement Act of 2005 Short Titles as Introduced Patient Safety and Quality Improvement Act Short Titles as Reported to House Patient Safety and Quality Improvement Act of 2005 H House Display Title Patient Safety and Quality Improvement Act of 2005 Official Title as Introduced To amend title IX of the Public Health Service Act to provide for the improvement of patient safety and to reduce the incidence of events that adversely affect patient safety, and for other purposes. Reported in House 2005-07-27T04:00:00Z Introduced in House 2005-07-12T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr3205ih/xml/BILLS-109hr3205ih.xml 2005-07-27 Placed on the Union Calendar, Calendar No. 117. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.