Committee on Ways and Means, Summary of Changes to Subcommittee Reported Bill, H.R. 4889, the "Patient Safety Improvement Act of 2002"

Summary of Changes to Subcommittee Reported Bill
Made by Chairman's Amendment in the Nature of a Substitute
Markup of the “Patient Safety Improvement Act of 2002"

Section	*Page*	*Explanation of Change*
1181	3	Adds that patient safety data may be developed or collected on behalf of the Center for Quality Improvement and Patient Safety.
1181	3	Clarifies that if a provider takes corrective action in response to a patient safety report prior to receiving feed back from a patient safety organization (PSO), the provider must then report the corrective action to the PSO.
1181	5	Defines “control” for purposes of the independence requirement for PSOs. Specifically control means if a health care provider is able to significantly influence or direct the actions or policies of a PSO.
1181	5	Adds “dissemination of information” to list of areas for which the Secretary may provide technical assistance to PSOs.
1182	6	Clarifies the scope of privilege and confidentiality protections so that primary health care information and patient medical records that exist apart from patient safety data are discoverable.
1182	7	Clarifies reporter protections apply to information directly reported to a patient safety organization.
1182	8	Adds new remedies for violation of the whistleblower protections similar to those contained in the current Social Security statute (section 1128A(a)(7)) related to penalties for kickbacks. That section provides civil monetary penalties up to $50,000 per violation, but also provides an appeals process for providers.
1182	8	Clarifies that, consistent with protecting state mandatory reporting requirements, nothing shall be construed as affecting other privileges that are available under Federal or State laws that provide greater peer review protection than the peer review and confidentiality protections provided under this bill.
1182	8	Clarifies that the disclosure of identifiable information under the privacy rule relates to the reporting system specifically created by the legislation.
1182	8	Clarifies that nothing precludes a health care provider from waiving the privilege or confidentiality protections afforded by the bill.
1183	9	Clarifies that the Center for Quality Improvement and Patient Safety is the existing Center within HHS, and that a new Center is not created by the bill.
1184	12	In promulgating the voluntary national standards on interoperability, the Secretary must take into account any cost meeting such standards would have on providing health care or any efficiencies achieved under the standards.
1185	12	Deletes Medicare conditions of participation.
1186	13	Adds a requirement that the GAO, in evaluating the reporting program, specifically include a survey of providers to obtain an estimate of how many have adopted error reduction methods.
3	14	Amends the duties of the Medical Information Technology Advisory Board to focus the requirements of the Board in its advisory role. Specifically, the Board must advise the Secretary on: Methods for adoption within two years of a uniform health information system interface between old and new systems; and Recommendations for health care vocabulary, messaging and a common lexicon for computer technology to achieve interoperability of health information systems.
3	17	Cross references the Federal Advisory Committee Act to clarify the Secretary has the authority to provide support services for the Advisory Board. Thus, the Secretary can provide general administrative support services to the Advisory Board.