Patient safety

Congress debates legislation on patient safety

The US "Patient Safety and Quality Improvement Act of 2005 – S 544" was unanimously approved by the Senate Health, Education, Labor and Pensions Committee on March 9. The bill, identical to a measure passed by the Senate in 2004 would establish a voluntary medical error reporting system that provides legal protection to caregivers and encourages safety education and information-sharing.

The legislation permits caregivers to analyze the cause of medical errors – without fear of being sued and without compromising patient’s legal rights – to promote the development of interventions and solutions that ensure patient safety.

Specifically, this legislation:

  • Creates a confidential, voluntary reporting system in which physicians, hospitals, and other health care providers can report information on errors to organizations known as Patient Safety Organizations (PSOs).
  • Allows PSOs to collect and analyze unique “patient safety data” and then provide feedback on patient safety improvement strategies.
  • Provides that "patient safety data" will be confidential and legally protected.
  • Does not limit or affect the availability of any information or evidence that is currently available from sources other than the PSO and can be collected under existing law.
  • Provides for appropriate penalties for unlawful disclosures.
  • Recognizes and preserves the protection of confidential patient information under the Health Insurance Portability and Accountability Act of 1996.
  • Does not preempt other state and federal peer review laws.

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