Summary H.R. 4889, the Patient Safety Improvement Act

Establishes Medical Error Reporting System

• Hospitals, nursing homes and doctors would report medical errors to new, private Patient Safety Organizations.
• Patient Safety Organizations would analyze reports from providers and then provide feedback on how to fix problems.

Includes Protection of Error Reports

•  Reporting to the Patient Safety Organization would be voluntary and confidential so that reporting adverse events would not increase unwarranted litigation.

• Patients would continue to retain all their current rights to sue for malpractice.
• Confidential patient safety data could not be:

• discovered for civil, criminal or administrative proceedings;
• disclosed pursuant to a Freedom of Information Act request; or
• used in an adverse employment action.

• Each violation of the confidentiality requirement would be subject to $1,000 penalty and up to six months in jail or both.

Streamlines Information Through the Department of Health and Human Services

• The Department of Health and Human Services (HHS) would be the focal point in improving and coordinating patient safety activities.
• The Secretary of HHS would be authorized to analyze non-identifiable patient safety reports to identify patterns of medical errors and system changes adopted by Patient Safety Organizations.

Creates an Error Reduction Advisory Board

• An advisory board would be established within HHS to advise the Secretary on strategies to reduce medical errors and incorporate error reduction technology into Medicare.

Establishes Standards for Interoperability of Health Information 

• Requires the Secretary of HHS to publish, within 24 months, voluntary, national standards of interoperability to promote integration of health information systems to better improve patient outcomes.