05 LC 28
2087
House
Bill 417
By:
Representatives Powell of the
29th,
Butler of the
18th,
Benfield of the
85th,
and Reese of the
98th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating
to health care facilities, so as to provide a short title; to provide
definitions; to require certain reports by hospitals and ambulatory surgical
centers concerning hospital acquired infections; to require certain reports by
the Department of Human Resources; to provide for an advisory committee and its
membership and duties; to provide for sanctions for failure to make reports; to
provide for enforcement; to provide for sanctions for violations; to provide for
privacy; to provide for publication and availability of such reports; to
authorize the department to promulgate rules and regulations; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
7 of Title 31 of the Official Code of Georgia Annotated, relating to health care
facilities, is amended by adding a new Article 16 to read as
follows:
"Article
16
31-7-430.
This
article shall be known and may be cited as the 'Hospital Infections Disclosure
Act.'
31-7-431.
As
used in this article, the term:
(1)
'Ambulatory surgical center' means any building or facility, not under the
operation or control of a hospital, which is primarily devoted to the provision
of surgical treatment to patients not requiring hospitalization and which is
classified by the department as an ambulatory surgical treatment
center.
(2)
'Department' means the Georgia Department of Human Resources.
(3)
'Hospital' means any building, facility, or place in which are provided two or
more beds and other facilities and services that are used for persons received
for examination, diagnosis, treatment, surgery, maternity care, nursing care, or
personal care for periods continuing for 24 hours or longer and which is
classified by the department, as provided for in this chapter, as a
hospital.
(4)
'Hospital acquired infection' means a localized or systemic condition
that:
(A)
Results from adverse reaction to the presence of an infectious agent or agents
or its toxin or toxins; and
(B)
Was not present or incubating at the time of admission to the hospital or
ambulatory surgical center.
31-7-432.
(a)
Individual hospitals and ambulatory surgical centers shall collect data on
hospital acquired infection rates for the specific clinical procedures
determined by the department by rule and regulation, including the following
categories:
(1)
Surgical site infections;
(2)
Ventilator associated pneumonia;
(3)
Central line related bloodstream infections;
(4)
Urinary tract infections; and
(5)
Other categories as provided under subsection (d) of this Code
section.
(b)(1)
Hospitals and ambulatory surgical centers shall submit quarterly reports on
their hospital acquired infection rates to the department. Quarterly reports
shall be submitted, in a format set forth in rules and regulations promulgated
by the department, to the department by April 30, July 31, October 31, and
January 31 of each year for the previous quarter. Data in quarterly reports
must cover a period ending not earlier than one month prior to submission of the
report. Quarterly reports shall be made available to the public at each
hospital and ambulatory surgical center and through the department. The first
quarterly report shall be due July 1, 2006.
(2)
If the hospital or ambulatory surgical center is a division or subsidiary of
another entity that owns or operates other hospitals, ambulatory surgical
centers, or related organizations, the quarterly report shall be for the
specific division or subsidiary and not for the other entity.
(c)(1)
The commissioner of human resources shall appoint an advisory committee which
shall include representatives from public and private hospitals and ambulatory
surgical centers, including representatives of hospital and ambulatory surgical
center infection control departments; direct care nursing staff; physicians;
epidemiologists with expertise in hospital acquired infections; academic
researchers; consumer organizations; health insurers; health maintenance
organizations; and purchasers of health insurance, such as employers. The
advisory committee shall have a majority of members representing interests other
than hospitals.
(2)
The advisory committee shall assist the department in the development of all
aspects of the
department́s
methodology for collecting, analyzing, and disclosing the information collected
under this article, including collection methods, formatting, and methods and
means for release and dissemination.
(3)
In developing the methodology for collecting and analyzing the infection rate
data, the department and advisory committee shall consider existing
methodologies and systems for data collection, such as the Centers for Disease
Control and
Preventiońs
National Nosocomial Infection Surveillance Program, or its successor; however,
the
department́s
discretion to adopt a methodology shall not be limited or restricted to any
existing methodology or system. The data collection and analysis methodology
shall be disclosed to the public prior to any public disclosure of hospital
acquired infection rates.
(4)
The department and the advisory committee shall evaluate on a regular basis the
quality and accuracy of hospital and ambulatory surgical center information
reported under this article and the data collection, analysis, and dissemination
methodologies.
(d)
The department may, after consultation with the advisory committee, require
hospitals and ambulatory surgical centers to collect data on hospital acquired
infection rates in categories additional to those set forth in subsection (a) of
this Code section.
31-7-433.
(a)
The department shall annually submit to the General Assembly a report
summarizing the hospital and ambulatory surgical center quarterly reports and
shall publish the annual report on its website. The first annual report shall
be submitted and published on or before July 1, 2007. The department may issue
quarterly informational bulletins at its discretion, summarizing all or part of
the information submitted in the hospital and ambulatory surgical center
quarterly reports.
(b)
All reports issued by the department shall be risk adjusted.
(c)
The annual report shall compare the risk adjusted hospital acquired infection
rates, collected under Code Section 31-7-432, for each individual hospital and
ambulatory surgical center in the state. The department, in consultation with
the advisory committee, shall make this comparison as easy to comprehend as
possible. The report shall also include an executive summary, written in plain
language, that shall include, but not be limited to, a discussion of findings,
conclusions, and trends concerning the overall state of hospital acquired
infections in the state, including a comparison to prior years. The report may
include policy recommendations, as appropriate.
(d)
The department shall publicize the report and its availability as widely as
practical to interested parties, including, but not limited to, hospitals,
providers, media organizations, health insurers, health maintenance
organizations, purchasers of health insurance, consumer or patient advocacy
groups, and individual consumers. The annual report shall be made available to
any person upon request.
(e)
No hospital or ambulatory surgical center report or department disclosure may
contain information identifying a patient, employee, or licensed health care
professional in connection with a specific infection incident.
31-7-434.
It
is the intent of the General Assembly that a
patient́s
right of confidentiality shall not be violated in any manner. Patient social
security numbers and any other information that could be used to identify an
individual patient shall not be released notwithstanding any other provision of
law to the contrary.
31-7-435.
(a)
A determination that a hospital or ambulatory surgical center has violated the
provisions of this article may result in any of the following:
(1)
Revocation or suspension of permits to operate; and
(2)
Civil penalties of up to $1,000 per day per violation for each day the hospital
or ambulatory surgical center is in violation of this article.
(b)
Such determinations shall be made in accordance with Article 1 of Chapter 5 of
this title.
31-7-436.
(a)
The department shall be responsible for ensuring compliance with this article as
a condition of licensure or permitting under this chapter and shall enforce such
compliance.
(b)
The department is authorized to promulgate such rules and regulations as
necessary in order to carry out its duties under this
article."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.