SENATE 3rd Reading Unamended February 18, 2009 SENATE Amended 2nd Reading February 17, 2009First Regular Session Sixty-seventh General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 09-0150.01 Christy Chase SENATE BILL 09-012 SENATE SPONSORSHIP Morse and Kopp, Boyd HOUSE SPONSORSHIP Frangas and Massey, Riesberg Senate Committees House Committees Health and Human Services A BILL FOR AN ACT Concerning professional review of facilities designated by the department of public health and environment as trauma care facilities. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Health Care Task Force. Authorizes the creation of professional review committees to review and investigate the quality and appropriateness of patient care provided by and the professional conduct of health care providers engaged in specified health care professions. Defines "health care profession" as: The practice of podiatry, chiropractic, dentistry, dental hygiene, midwifery, nursing, nursing home administration, optometry, occupational therapy, physical therapy, respiratory therapy, or psychology; or Practice as an emergency medical technician, physician assistant, nurse aide, or psychiatric technician. Authorizes professional review committees to be formed by the following organizations, entities, or professional societies: The medical staff of a corporation or other entity that employs health care providers to provide care to patients; The medical staff of a community clinic, rehabilitation center, convalescent center, community mental health center, acute treatment unit, facility for persons with developmental disabilities, habilitation center for brain-damaged children, chiropractic center, nursing care facility, pilot project rehabilitative nursing facility, hospice care, assisted living residence, dialysis treatment clinic, ambulatory surgical center, birthing center, or home care agency, that is licensed by the department of public health and environment; A society or association of health care providers whose membership includes not less than 1/3 of the health care providers engaged in the particular health care profession and residing in this state, if the health care provider whose services are the subject of the review is a member of the society or association; A society or association of health care providers authorized to practice and residing in this state and specializing in a specific discipline of their health care profession, if the health care provider whose services are the subject of the review is a member of the specialty society or association; An individual practice association or a preferred provider organization composed of at least 25 health care providers or a medical group that predominantly serves members of a health maintenance organization; A corporation authorized to insure health care providers in this state when so designated by a regulatory entity; Governing boards of any entity that has a professional review committee; Any peer review committee established or created by a combination or pooling of any of the organizations authorized by this section to have a professional review committee. Establishes confidentiality of proceedings and records of a professional review committee. Makes participants in the professional review process immune from liability if they acted in good faith. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 25-3-109 (1), (2), (3), (5), (5.5) (a), and (12), Colorado Revised Statutes, are amended to read: 25-3-109. Quality management functions - confidentiality and immunity. (1) The general assembly hereby finds and declares that the implementation of quality management functions to evaluate and improve patient and resident care is essential to the operation of health care facilities licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1) (a) or designated by the department as trauma care facilities pursuant to section 25-3.5-704 (2) (d). For this purpose, it is necessary that the collection of information and data by such licensed or certified health care facilities and designated trauma care facilities be reasonably unfettered so a complete and thorough evaluation and improvement of the quality of patient and resident care can be accomplished. To this end, quality management information relating to the evaluation or improvement of the quality of health care services shall be confidential, subject to the provisions of subsection (4) of this section, and persons performing such functions shall be granted qualified immunity. It is the intent of the general assembly that nothing in this section revise, amend, or alter article 36 or part 1 of article 36.5 of title 12, C.R.S. (2) For purposes of this section: a (a) "Department" means the department of public health and environment. (b) "Designated trauma care facility" means a facility designated as a specific level trauma facility pursuant to section 25-3.5-704 (2) (d). (c) "Quality management program" means a program which that includes quality assurance and risk management activities, the peer review of licensed health care professionals not otherwise provided for in part 1 of article 36.5 of title 12, C.R.S., and other quality management functions which are described by a facility or designated trauma care facility in a quality management program approved by the department. of public health and environment. A quality management program of a designated trauma care facility includes prehospital care provided by service agencies, as defined in section 25-3.5-103, preceding a patient's entry into the designated trauma care facility. Nothing in this section shall revise, amend, or alter article 36 or part 1 of article 36.5 of title 12, C.R.S. (3) Except as otherwise provided in this section, any records, reports, or other information of a licensed or certified health care facility or designated trauma care facility that are part of a quality management program designed to identify, evaluate, and reduce the risk of patient or resident injury associated with care or to improve the quality of patient care shall be confidential information; except that such information shall be subject to the provisions of subsection (4) of this section. (5) Nothing in this section shall affect the voluntary release of any quality management record or information by a health care facility or designated trauma care facility; except that no patient-identifying information shall be released without the patient's consent. (5.5) (a) The confidentiality of information provided for in this section shall in no way be impaired or otherwise adversely affected solely by reason of the submission of the information to a nongovernmental entity to conduct studies that evaluate, develop, and analyze information about health care operations, practices, or any other function of health care facilities or designated trauma care facilities. The records, reports, and other information collected or developed by a nongovernmental entity shall remain protected as provided in subsections (3) and (4) of this section. In order to adequately protect the confidentiality of such information, no findings, conclusions, or recommendations contained in such studies conducted by any such nongovernmental entity shall be deemed to establish a standard of care for health care facilities or designated trauma care facilities. (12) (a) Nothing in this section shall affect a person's access to his or her medical record as provided in section 25-1-801, nor shall it affect the right of any family member or any other person to obtain a medical record information upon the consent of the patient or his or her authorized representative. (b) If, during the course of a quality management review by a designated trauma care facility, a trauma care provider determines that he or she made a factual error in the medical record, the trauma care provider shall correct the factual error. SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.