Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S728 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 951 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 728
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 :Cynthia Stone CreemNorfolk and Middlesex 1 of 5
17	17	SENATE DOCKET, NO. 951 FILED ON: 1/18/2023
18	18	SENATE . . . . . . . . . . . . . . No. 728
19	19	By Ms. Creem, a petition (accompanied by bill, Senate, No. 728) of Cynthia Stone Creem for
20	20	legislation to make a technical changes to the Betsy Lehman Center for Patient Safety and
21	21	Medical Error Reduction enabling statute. Health Care Financing.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 751 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act making technical changes to the Betsy Lehman Center for patient safety and medical
30	30	error reduction enabling statute.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 12C of the General Laws is hereby amended by striking out section
34	34	215, as appearing in the 2020 Official Edition, and inserting in place thereof the following
35	35	3section:-
36	36	4 Section 15. (a) For the purposes of this section, the following words shall, unless the
37	37	5context clearly requires otherwise, have the following meanings:
38	38	6 "Adverse event'', harm to a patient resulting from a medical intervention and not to the
39	39	7underlying condition of the patient. 2 of 5
40	40	8 “Agency,” any agency of the executive branch of government in the commonwealth,
41	41	9including but not limited to any constitutional or other office, executive office, department,
42	42	10division, bureau, board, commission or committee thereof; or any authority created by the
43	43	11general court to serve a public purpose, having either statewide or local jurisdiction.
44	44	12 "Board'', the patient safety and medical errors reduction board.
45	45	13 “Healthcare-associated infection,” an infection that a patient acquires during the course of
46	46	14receiving treatment for other conditions within a healthcare setting.
47	47	15 "Lehman center'', the Betsy Lehman center for patient safety.
48	48	16 "Incident'', an incident which, if left undetected or uncorrected, might have resulted in an
49	49	17adverse event.
50	50	18 "Medical error'', the failure of medical management of a planned action to be completed
51	51	19as intended or the use of a wrong plan to achieve an outcome.
52	52	20 "Patient safety'', freedom from accidental injury.
53	53	21 “Patient safety information,” data and information related to patient safety, including
54	54	22adverse events, incidents, medical errors, or healthcare-associated infections that are collected or
55	55	23maintained by agencies.
56	56	24 (b) There shall be established within the center the Betsy Lehman center for patient safety
57	57	25and medical error reduction. The purpose of the Lehman center shall be to serve as a
58	58	26clearinghouse for the development, evaluation and dissemination, including, but not limited to,
59	59	27the sponsorship of training and education programs, of best practices for patient safety and
60	60	28medical error reduction. The Lehman center shall: (1) coordinate the efforts of state agencies 3 of 5
61	61	29engaged in the regulation, contracting or delivery of health care and those individuals or
62	62	30institutions licensed by the commonwealth to provide health care to meet their responsibilities
63	63	31for patient safety and medical error reduction; (2) assist all such entities to work as part of a total
64	64	32system of patient safety; and (3) develop appropriate mechanisms for consumers to be included
65	65	33in a statewide program for improving patient safety. The Lehman center shall coordinate state
66	66	34participation in any appropriate state or federal reports or data collection efforts relative to
67	67	35patient safety and medical error reduction. The Lehman center shall analyze available data,
68	68	36research and reports for information that would improve education and training programs that
69	69	37promote patient safety.
70	70	38 (c) Within the Lehman center, there shall be established a patient safety and medical
71	71	39errors reduction board. The board shall consist of secretary of health and human services, the
72	72	40executive director of the center, the director of consumer affairs and business regulations and the
73	73	41attorney general. The board shall appoint the director of the Lehman center by a unanimous vote
74	74	42and the director shall, under the general supervision of the board, have general oversight of the
75	75	43operation of the Lehman center. The director may appoint or retain and remove expert, clerical
76	76	44or other assistants as the work of the Lehman center may require. The coalition for the
77	77	45prevention of medical errors shall serve as the advisory committee to the board. The advisory
78	78	46committee shall, at the request of the director, provide advice and counsel as it considers
79	79	47appropriate including, but not limited to, serving as a resource for studies and projects
80	80	48undertaken or sponsored by the Lehman center. The advisory committee may also review and
81	81	49comment on regulations and standards proposed or promulgated by the Lehman center, but the
82	82	50review and comment shall be advisory in nature and shall not be considered binding on the
83	83	51Lehman center. 4 of 5
84	84	52 (d) The Lehman center shall develop and administer a patient safety and medical error
85	85	53reduction education and research program to assist health care professionals, health care facilities
86	86	54and agencies and the general public regarding issues related to the causes and consequences of
87	87	55medical error and practices and procedures to promote the highest standard for patient safety in
88	88	56the commonwealth. The Lehman center shall annually report to the governor and the general
89	89	57court relative to the feasibility of developing standards for patient safety and medical error
90	90	58reduction programs for any state department, agency, commission or board to reduce medical
91	91	59errors, and the statutory responsibilities of the commonwealth, for the protection of patients and
92	92	60consumers of health care together with recommendations to improve coordination and
93	93	61effectiveness of the programs and activities.
94	94	62 (e) The Lehman center shall (1) identify and disseminate information about evidence-
95	95	63based best practices to reduce medical errors and enhance patient safety; (2) develop a process
96	96	64for determining which evidence-based best practices should be considered for adoption; (3) serve
97	97	65as a central clearinghouse for the collection and analysis of existing information on the causes of
98	98	66medical errors and strategies for prevention; and (4) increase awareness of error prevention
99	99	67strategies through public and professional education. The information collected by the Lehman
100	100	68center or reported to the Lehman center shall not be a public record as defined in section 7 of
101	101	69chapter 4, shall be confidential and shall not be subject to subpoena or discovery or introduced
102	102	70into evidence in any judicial or administrative proceeding, except as otherwise specifically
103	103	71provided by law.
104	104	72 (f) Notwithstanding any general or special law to the contrary, the Lehman Center and
105	105	73each agency that collects or maintains patient safety information may transmit such information,
106	106	74including personal data under section 1 of chapter 66A, to each other through an agreement, that 5 of 5
107	107	75can be an interagency service agreement, that provides for any safeguards necessary to protect
108	108	76the privacy and security of the information; provided, that the provision of such information is
109	109	77consistent with federal law.
110	110	78 (g) The Lehman center may adopt rules and regulations necessary to carry out the
111	111	79purpose and provisions of this section. The Lehman center may contract with any federal, state
112	112	80or municipal agency or other public institution or with any private individual, partnership, firm,
113	113	81corporation, association or other entity to manage its affairs or carry out the purpose and
114	114	82provisions of this section.
115	115	83 (h) The Lehman center shall report annually to the general court regarding the progress
116	116	84made in improving patient safety and medical error reduction. The Lehman center shall seek
117	117	85federal and foundation support to supplement state resources to carry out the Lehman center's
118	118	86patient safety and medical error reduction goals. The Lehman center may establish a trust fund
119	119	87that is structured to receive, maintain, and spend federal and foundation grants in furtherance of
120	120	88its responsibilities under this section and, to such extent, the director of the Lehman center shall
121	121	89have the powers provided in section 6 of chapter 6A