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Medical/legal Q & A
PATIENT SAFETY AND QUALITY IMPROVEMENT ACT OF 2005
by Dan Groszkruger, JD, MPH
Q. Voluntary reporting of medical errors by physicians and hospitals is supposed to be protected under a new law. How can information about errors be protected, if disclosed?
A. The Patient Safety and Quality Improvement Act of 2005 was signed into law on July 29, 2005. The purpose of the law is to encourage the voluntary reporting of medical mistakes to
certified organizations, for analysis and development of preventive measures. Although the law becomes effective immediately, various new features will require gradual implementation, over time. So far, no reporting under the Act has begun.
Currently, there is no central point for collection and analysis of patient safety data. More important, hospitals and physicians may be reluctant to disclose information that, in the wrong hands, could “come back to haunt them” through malpractice lawsuits. The new law anticipates this concern and creates new protections.
The Act defines certain types of patient safety information as confidential. And, the Act creates legal protections (“privileges”) against unauthorized use or disclosure. For example, if a patient were harmed by a medication error, both the investigation of the mistake and any remedial measures could be reported to a certified Patient Safety Organization (“PSO”). Once reported, the information is confidential and privileged under federal law. Any attempt to knowingly or recklessly use or disclose privileged patient safety data is punishable by a fine up to $10,000.00 per violation.
Many details remain to be worked out, including which organizations will qualify as PSOs, how many PSOs will be certified, and how information to improve patient safety will be disseminated. Ultimately, the PSOs are to contribute patient safety data to a network of databases that provides an interactive, evidence-based management resource for physicians and other healthcare providers.
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