HOUSE BILL 971298
BY REPRESENTATIVES Pankey, Epps, Adkins, Grossman, Kreutz, Morrison, Reeser, Sinclair, Arrington, Kaufman, Leyba, Mace, Nichol, Snyder, Sullivant, Tool, Tupa, and Veiga;
also SENATORS Wham, Congrove, Hernandez, Hopper,
J. Johnson, Martinez, Matsunaka, Pascoe, Perlmutter, Reeves,
Tanner, and Weddig.
CONCERNING AUTHORITY OF THE STATE BOARD OF HEALTH
TO REQUIRE HEALTH CARE FACILITIES TO REPORT INCIDENTS AND, IN
CONNECTION THEREWITH, SPECIFYING LIMITATIONS ON THE RELEASE OF
INFORMATION CONTAINED IN SUCH REPORTS.
Be it enacted by the General Assembly of the State
SECTION 1. Part
1 of article 1 of title 25, Colorado Revised Statutes, 1989 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
251124. Health care facilities
consumer information reporting release.
(1) THE GENERAL ASSEMBLY HEREBY FINDS THAT AN INCREASING
NUMBER OF PEOPLE ARE FACED WITH THE DIFFICULT TASK OF CHOOSING
A HEALTH CARE FACILITY FOR THEMSELVES AND THEIR FAMILY MEMBERS.
THIS TASK MAY BE MADE LESS DIFFICULT BY IMPROVED ACCESS TO RELIABLE,
HELPFUL, AND UNBIASED INFORMATION CONCERNING THE QUALITY OF CARE
AND THE SAFETY OF THE ENVIRONMENT OFFERED BY EACH HEALTH CARE
FACILITY. THE GENERAL ASSEMBLY FURTHER FINDS THAT IT IS APPROPRIATE
THAT THE DEPARTMENT, IN KEEPING WITH ITS ROLE OF PROTECTING AND
IMPROVING THE PUBLIC HEALTH, SOLICIT THIS INFORMATION FROM HEALTH
CARE FACILITIES AND DISSEMINATE IT TO THE PUBLIC IN A FORM THAT
WILL ASSIST PEOPLE IN MAKING INFORMED CHOICES AMONG HEALTH CARE
(2) EACH HEALTH CARE FACILITY LICENSED
PURSUANT TO SECTION 253101 OR CERTIFIED PURSUANT TO
SECTION 251107 (1) (l) (II) SHALL REPORT TO THE DEPARTMENT
THE FOLLOWING OCCURRENCES:
(a) ANY OCCURRENCE THAT RESULTS IN THE DEATH OF A
PATIENT OR RESIDENT OF THE FACILITY AND IS REQUIRED TO BE REPORTED
TO THE CORONER PURSUANT TO SECTION 3010606, C.R.S.,
AS ARISING FROM AN UNEXPLAINED CAUSE OR UNDER SUSPICIOUS CIRCUMSTANCES;
(b) ANY OCCURRENCE THAT RESULTS IN ANY
OF THE FOLLOWING SERIOUS INJURIES TO A PATIENT OR RESIDENT:
(I) BRAIN OR SPINAL CORD INJURIES;
(II) LIFETHREATENING COMPLICATIONS
OF ANESTHESIA OR LIFETHREATENING TRANSFUSION ERRORS OR REACTIONS;
(III) SECOND OR THIRDDEGREE
BURNS INVOLVING TWENTY PERCENT OR MORE OF THE BODY SURFACE AREA
OF AN ADULT PATIENT OR RESIDENT OR FIFTEEN PERCENT OR MORE OF
THE BODY SURFACE AREA OF A CHILD PATIENT OR RESIDENT;
(c) ANY TIME THAT A RESIDENT OR PATIENT
OF THE FACILITY CANNOT BE LOCATED FOLLOWING A SEARCH OF THE FACILITY,
THE FACILITY GROUNDS, AND THE AREA SURROUNDING THE FACILITY AND
THERE ARE CIRCUMSTANCES THAT PLACE THE RESIDENT'S HEALTH, SAFETY,
OR WELFARE AT RISK OR, REGARDLESS OF WHETHER SUCH CIRCUMSTANCES
EXIST, THE PATIENT OR RESIDENT HAS BEEN MISSING FOR EIGHT HOURS;
(d) ANY OCCURRENCE INVOLVING PHYSICAL,
SEXUAL, OR VERBAL ABUSE OF A PATIENT OR RESIDENT, AS DESCRIBED
IN SECTION 183202, 183203, 183204,
183206, 183402, 183403, 183404,
OR 183405, C.R.S., BY ANOTHER PATIENT OR RESIDENT,
AN EMPLOYEE OF THE FACILITY, OR A VISITOR TO THE FACILITY;
(e) ANY OCCURRENCE INVOLVING NEGLECT OF A PATIENT
OR RESIDENT, AS DESCRIBED IN SECTION 263.1101 (4)
(f) ANY OCCURRENCE INVOLVING MISAPPROPRIATION OF
A PATIENT'S OR RESIDENT'S PROPERTY. FOR PURPOSES OF THIS PARAGRAPH
(f), "MISAPPROPRIATION OF A PATIENT'S OR RESIDENT'S PROPERTY"
MEANS A PATTERN OF OR DELIBERATELY MISPLACING, EXPLOITING, OR
WRONGFULLY USING, EITHER TEMPORARILY OR PERMANENTLY, A PATIENT'S
OR RESIDENT'S BELONGINGS OR MONEY WITHOUT THE PATIENT'S OR RESIDENT'S
(g) ANY OCCURRENCE IN WHICH DRUGS INTENDED
FOR USE BY PATIENTS OR RESIDENTS ARE DIVERTED TO USE BY OTHER
(h) ANY OCCURRENCE INVOLVING THE MALFUNCTION
OR INTENTIONAL OR ACCIDENTAL MISUSE OF PATIENT OR RESIDENT CARE
EQUIPMENT THAT OCCURS DURING TREATMENT OR DIAGNOSIS OF A PATIENT
OR RESIDENT AND THAT SIGNIFICANTLY ADVERSELY AFFECTS OR IF NOT
AVERTED WOULD HAVE SIGNIFICANTLY ADVERSELY AFFECTED A PATIENT
OR RESIDENT OF THE FACILITY.
(3) THE BOARD BY RULE SHALL SPECIFY THE
MANNER, TIME PERIOD, AND FORM IN WHICH THE REPORTS REQUIRED PURSUANT
TO SUBSECTION (2) OF THIS SECTION SHALL BE MADE.
(4) ANY REPORT SUBMITTED PURSUANT TO SUBSECTION (2)
OF THIS SECTION SHALL BE STRICTLY CONFIDENTIAL; EXCEPT THAT INFORMATION
IN ANY SUCH REPORT MAY BE TRANSMITTED TO AN APPROPRIATE REGULATORY
AGENCY HAVING JURISDICTION FOR DISCIPLINARY OR LICENSE SANCTIONS.
THE INFORMATION IN SUCH REPORTS SHALL NOT BE MADE PUBLIC UPON
SUBPOENA, SEARCH WARRANT, DISCOVERY PROCEEDINGS, OR OTHERWISE,
EXCEPT AS PROVIDED IN SUBSECTION (6) OF THIS SECTION.
(5) THE DEPARTMENT SHALL INVESTIGATE EACH REPORT SUBMITTED PURSUANT TO SUBSECTION (2) OF THIS SECTION THAT IT DETERMINES WAS APPROPRIATELY SUBMITTED. FOR EACH REPORT INVESTIGATED, THE DEPARTMENT SHALL PREPARE A SUMMARY OF ITS FINDINGS, INCLUDING THE DEPARTMENT'S CONCLUSIONS AND WHETHER THERE WAS A VIOLATION OF LICENSING STANDARDS OR A DEFICIENCY OR WHETHER THE FACILITY ACTED APPROPRIATELY IN RESPONSE TO THE OCCURRENCE. IF THE INVESTIGATION IS NOT CONDUCTED ON SITE, THE DEPARTMENT SHALL SPECIFY IN THE SUMMARY HOW THE INVESTIGATION WAS CONDUCTED. ANY INVESTIGATION CONDUCTED PURSUANT TO THIS SUBSECTION (5) SHALL BE IN ADDITION TO AND NOT IN LIEU OF ANY INSPECTION REQUIRED TO BE CONDUCTED PURSUANT TO SECTION 251107 (1) (l), WITH REGARD TO LICENSING.
(6) (a) THE DEPARTMENT SHALL MAKE
THE FOLLOWING INFORMATION AVAILABLE TO THE PUBLIC:
(I) ANY INVESTIGATION SUMMARIES PREPARED
PURSUANT TO SUBSECTION (5) OF THIS SECTION;
(II) ANY COMPLAINTS AGAINST A HEALTH CARE
FACILITY THAT HAVE BEEN FILED WITH THE DEPARTMENT AND THAT THE
DEPARTMENT HAS INVESTIGATED, INCLUDING THE CONCLUSIONS REACHED
BY THE DEPARTMENT AND WHETHER THERE WAS A VIOLATION OF LICENSING
STANDARDS OR A DEFICIENCY OR WHETHER THE FACILITY ACTED APPROPRIATELY
IN RESPONSE TO THE SUBJECT OF THE COMPLAINT; AND
(III) A LISTING OF ANY DEFICIENCY CITATIONS
ISSUED AGAINST EACH HEALTH CARE FACILITY.
(b) THE INFORMATION RELEASED PURSUANT TO THIS SUBSECTION
(6) SHALL NOT IDENTIFY THE PATIENT OR RESIDENT OR THE HEALTH CARE
PROFESSIONAL INVOLVED IN THE REPORT.
(7) PRIOR TO THE COMPLETION OF AN INVESTIGATION PURSUANT
TO THIS SECTION, THE DEPARTMENT MAY RESPOND TO ANY INQUIRY REGARDING
A REPORT RECEIVED PURSUANT TO SUBSECTION (2) OF THIS SECTION BY
CONFIRMING THAT IT HAS RECEIVED SUCH REPORT AND THAT AN INVESTIGATION
SECTION 2. 253109
(1), (3), (7), (8), and (11), Colorado Revised Statutes, 1989
Repl. Vol., as amended, are amended to read:
253109. 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 251107
(1) (l). For this purpose, it is necessary that the collection
of information and data by such licensed or certified health 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.
(3) Except as otherwise provided in this
section, any records, reports, or other information of a licensed
or certified health 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
any right of inspection or investigation
as otherwise provided by law by the department of public health
and environment or other appropriate regulatory agency
THE PROVISIONS OF SUBSECTION (4) OF THIS SECTION.
in this section shall limit the department of public health and
(a) In response to an inquiry
regarding a specific situation, confirming, without identifying
a health care professional, that it has obtained a report concerning
quality management information or that an investigation is pending;
(b) Disclosing information to
a regulatory agency having jurisdiction to investigate the information;
however, such information disclosed to a regulatory agency shall
(c) Releasing a summary report
of its findings after an investigation is completed or the department
determines no investigation is warranted;
(d) Releasing a summary report,
notwithstanding its pending investigation, if it determines that
such release is necessary for the immediate protection of the
public health and safety.
report may not identify a health care professional. Prior to releasing
a summary report which contains information identifying a health
care facility, the department of public health and environment
shall notify the health care facility, and the facility shall
be allowed a reasonable time to comment. If immediate release
of information is necessary and prior oral notification cannot
be given, notification shall be given as soon as reasonably possible
and shall state why prior notice could not be given.
in this section shall be construed to limit admissibility into
evidence of a summary report.
SECTION 3. 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.
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
GOVERNOR OF THE STATE OF COLORADO