Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1165 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2254 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1165
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Ruth B. Balser
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act making technical changes to the Betsy Lehman Center for patient safety and medical
13	13	error reduction enabling statute.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Ruth B. Balser12th Middlesex1/19/2023 1 of 5
17	17	HOUSE DOCKET, NO. 2254 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1165
19	19	By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1165) of Ruth
20	20	B. Balser for legislation to make technical changes to the Betsy Lehman Center for patient safety
21	21	and medical error reduction enabling statute. Health Care Financing.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act making technical changes to the Betsy Lehman Center for patient safety and medical
28	28	error reduction enabling statute.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 12C of the General Laws is hereby amended by striking out section
32	32	215, as appearing in the 2020 Official Edition, and inserting in place thereof the following
33	33	3section:-
34	34	4 Section 15. (a) For the purposes of this section, the following words shall, unless the
35	35	5context clearly requires otherwise, have the following meanings:
36	36	6 "Adverse event'', harm to a patient resulting from a medical intervention and not to the
37	37	7underlying condition of the patient.
38	38	8 “Agency,” any agency of the executive branch of government in the commonwealth,
39	39	9including but not limited to any constitutional or other office, executive office, department,
40	40	10division, bureau, board, commission or committee thereof; or any authority created by the
41	41	11general court to serve a public purpose, having either statewide or local jurisdiction. 2 of 5
42	42	12 "Board'', the patient safety and medical errors reduction board.
43	43	13 “Healthcare-associated infection,” an infection that a patient acquires during the course of
44	44	14receiving treatment for other conditions within a healthcare setting.
45	45	15 "Lehman center'', the Betsy Lehman center for patient safety.
46	46	16 "Incident'', an incident which, if left undetected or uncorrected, might have resulted in an
47	47	17adverse event.
48	48	18 "Medical error'', the failure of medical management of a planned action to be completed
49	49	19as intended or the use of a wrong plan to achieve an outcome.
50	50	20 "Patient safety'', freedom from accidental injury.
51	51	21 “Patient safety information,” data and information related to patient safety, including
52	52	22adverse events, incidents, medical errors, or healthcare-associated infections that are collected or
53	53	23maintained by agencies.
54	54	24 (b) There shall be established within the center the Betsy Lehman center for patient safety
55	55	25and medical error reduction. The purpose of the Lehman center shall be to serve as a
56	56	26clearinghouse for the development, evaluation and dissemination, including, but not limited to,
57	57	27the sponsorship of training and education programs, of best practices for patient safety and
58	58	28medical error reduction. The Lehman center shall: (1) coordinate the efforts of state agencies
59	59	29engaged in the regulation, contracting or delivery of health care and those individuals or
60	60	30institutions licensed by the commonwealth to provide health care to meet their responsibilities
61	61	31for patient safety and medical error reduction; (2) assist all such entities to work as part of a total
62	62	32system of patient safety; and (3) develop appropriate mechanisms for consumers to be included 3 of 5
63	63	33in a statewide program for improving patient safety. The Lehman center shall coordinate state
64	64	34participation in any appropriate state or federal reports or data collection efforts relative to
65	65	35patient safety and medical error reduction. The Lehman center shall analyze available data,
66	66	36research and reports for information that would improve education and training programs that
67	67	37promote patient safety.
68	68	38 (c) Within the Lehman center, there shall be established a patient safety and medical
69	69	39errors reduction board. The board shall consist of secretary of health and human services, the
70	70	40executive director of the center, the director of consumer affairs and business regulations and the
71	71	41attorney general. The board shall appoint the director of the Lehman center by a unanimous vote
72	72	42and the director shall, under the general supervision of the board, have general oversight of the
73	73	43operation of the Lehman center. The director may appoint or retain and remove expert, clerical
74	74	44or other assistants as the work of the Lehman center may require. The coalition for the
75	75	45prevention of medical errors shall serve as the advisory committee to the board. The advisory
76	76	46committee shall, at the request of the director, provide advice and counsel as it considers
77	77	47appropriate including, but not limited to, serving as a resource for studies and projects
78	78	48undertaken or sponsored by the Lehman center. The advisory committee may also review and
79	79	49comment on regulations and standards proposed or promulgated by the Lehman center, but the
80	80	50review and comment shall be advisory in nature and shall not be considered binding on the
81	81	51Lehman center.
82	82	52 (d) The Lehman center shall develop and administer a patient safety and medical error
83	83	53reduction education and research program to assist health care professionals, health care facilities
84	84	54and agencies and the general public regarding issues related to the causes and consequences of
85	85	55medical error and practices and procedures to promote the highest standard for patient safety in 4 of 5
86	86	56the commonwealth. The Lehman center shall annually report to the governor and the general
87	87	57court relative to the feasibility of developing standards for patient safety and medical error
88	88	58reduction programs for any state department, agency, commission or board to reduce medical
89	89	59errors, and the statutory responsibilities of the commonwealth, for the protection of patients and
90	90	60consumers of health care together with recommendations to improve coordination and
91	91	61effectiveness of the programs and activities.
92	92	62 (e) The Lehman center shall (1) identify and disseminate information about evidence-
93	93	63based best practices to reduce medical errors and enhance patient safety; (2) develop a process
94	94	64for determining which evidence-based best practices should be considered for adoption; (3) serve
95	95	65as a central clearinghouse for the collection and analysis of existing information on the causes of
96	96	66medical errors and strategies for prevention; and (4) increase awareness of error prevention
97	97	67strategies through public and professional education. The information collected by the Lehman
98	98	68center or reported to the Lehman center shall not be a public record as defined in section 7 of
99	99	69chapter 4, shall be confidential and shall not be subject to subpoena or discovery or introduced
100	100	70into evidence in any judicial or administrative proceeding, except as otherwise specifically
101	101	71provided by law.
102	102	72 (f) Notwithstanding any general or special law to the contrary, the Lehman Center and
103	103	73each agency that collects or maintains patient safety information may transmit such information,
104	104	74including personal data under section 1 of chapter 66A, to each other through an agreement, that
105	105	75can be an interagency service agreement, that provides for any safeguards necessary to protect
106	106	76the privacy and security of the information; provided, that the provision of such information is
107	107	77consistent with federal law. 5 of 5
108	108	78 (g) The Lehman center may adopt rules and regulations necessary to carry out the
109	109	79purpose and provisions of this section. The Lehman center may contract with any federal, state
110	110	80or municipal agency or other public institution or with any private individual, partnership, firm,
111	111	81corporation, association or other entity to manage its affairs or carry out the purpose and
112	112	82provisions of this section.
113	113	83 (h) The Lehman center shall report annually to the general court regarding the progress
114	114	84made in improving patient safety and medical error reduction. The Lehman center shall seek
115	115	85federal and foundation support to supplement state resources to carry out the Lehman center's
116	116	86patient safety and medical error reduction goals. The Lehman center may establish a trust fund
117	117	87that is structured to receive, maintain, and spend federal and foundation grants in furtherance of
118	118	88its responsibilities under this section and, to such extent, the director of the Lehman center shall
119	119	89have the powers provided in section 6 of chapter 6A.