79R1843 MCK-D

By:  Van de Putte                                                 S.B. No. 357


A BILL TO BE ENTITLED
AN ACT
relating to infection rates at hospitals; providing a civil penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle D, Title 2, Health and Safety Code, is amended by adding Chapter 96 to read as follows:
CHAPTER 96. HOSPITAL-ACQUIRED INFECTION RATES
Sec. 96.001. DEFINITIONS. In this chapter: (1) "Department" means the Department of State Health Services. (2) "Hospital" means a public, for-profit, or nonprofit institution licensed or owned by this state that is a general or special hospital, private mental hospital, chronic disease hospital, or other type of hospital. (3) "Hospital-acquired infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxin that was not present or incubating at the time of admission to the hospital. Sec. 96.002. COLLECTION OF HOSPITAL-ACQUIRED INFECTION RATE DATA. Each hospital shall collect data on the hospital-acquired infection rate related to specific clinical procedures. The hospital shall report the hospital-acquired infection rate for the following categories: (1) surgical site infections; (2) ventilator-associated pneumonia; (3) central line-related bloodstream infections; (4) urinary tract infections; and (5) any other category the department determines is necessary after consulting with the advisory committee. Sec. 96.003. QUARTERLY REPORTS. (a) Not later than the last day of the month following each calendar quarter, each hospital shall report to the department the hospital-acquired infection rates for that particular hospital. (b) If the hospital is a division or subsidiary of another entity that owns or operates other hospitals or related organizations, a quarterly report must be made for each specific hospital. (c) The department shall prescribe the form of the quarterly report to be made under this section. (d) Each hospital shall make its quarterly reports available to the public. Sec. 96.004. ANNUAL REPORT TO LEGISLATURE. (a) Not later than January 31 of each year, the department shall submit to the legislature a report summarizing the hospital quarterly reports. (b) The annual report must compare the risk-adjusted hospital-acquired infection rates for each individual hospital in the state. The department, in consultation with the advisory committee, shall make this comparison as easy to comprehend as possible. (c) The report must include an executive summary, written in plain language, that includes a discussion of findings, conclusions, and trends concerning the overall state of hospital-acquired infections in the state, including a comparison to prior years. (d) The report may include policy recommendations, as appropriate. Sec. 96.005. PUBLICATION OF INFORMATION. (a) The department shall publish each quarterly report and the annual report on the department's Internet website. (b) The department may issue quarterly information bulletins at its discretion, summarizing all or part of the information submitted in the hospital quarterly reports. (c) The department shall publicize the availability of the reports as widely as practicable to interested parties, including hospitals, health care providers, media organizations, health insurers, health maintenance organizations, purchasers of health insurance, organized labor, consumer or patient advocacy groups, and individual consumers. (d) The department shall make the annual report available to any person upon request. Sec. 96.006. ADVISORY COMMITTEE. (a) The commissioner of the department shall appoint an advisory committee to assist the department in the development of all aspects of the department's methodology for collecting, analyzing, and disclosing the information collected under this chapter, including collection methods, formatting, and methods and means for release and dissemination of the information. (b) The advisory committee must include representatives from public and private hospitals, including a representative from a hospital's infection control department, consumer organizations, health insurers and health maintenance organizations, and organized labor. The advisory committee must also include at least one representative who is: (1) a nurse providing direct nursing care; (2) a physician; (3) an epidemiologist with expertise in hospital-acquired infections; (4) an academic researcher; and (5) a purchaser of group health coverage, such as an employer. (c) A majority of the members of the advisory committee must represent interests other than hospitals. (d) In developing the methodology for collecting and analyzing the infection rate data, the department and advisory committee shall consider existing methodologies and systems for data collection, including the Centers for Disease Control's National Nosocomial Infections Surveillance System, or its successor. The data collection and analysis methodology shall be disclosed to the public prior to any public disclosure of hospital-acquired infection rates. (e) The department and the advisory committee shall evaluate on a regular basis the quality and accuracy of hospital information reported under this chapter and the data collection, analysis, and dissemination methodologies. (f) Chapter 2110, Government Code, applies to the advisory committee except that Sections 2110.002 and 2110.008, Government Code, do not apply to the committee. Sec. 96.007. PRIVACY. A hospital report or department disclosure may not contain information identifying a patient, employee, or licensed health care professional in connection with a specific infection incident. Sec. 96.008. CIVIL PENALTY. (a) A hospital that violates this chapter or a rule adopted under this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000 for each violation. (b) Each day a violation occurs constitutes a separate violation. (c) The attorney general shall bring an action in the name of the state at the department's request to collect a civil penalty under this section. (d) The attorney general may recover reasonable expenses incurred in obtaining a civil penalty under this section, including court costs, reasonable attorney's fees, reasonable investigative costs, witness fees, and deposition expenses. SECTION 2. Section 241.053(a), Health and Safety Code, is amended to read as follows: (a) The department, after providing notice and an opportunity for a hearing to the applicant or license holder, may deny, suspend, or revoke a hospital's license if the department finds that the hospital: (1) failed to comply with: (A) a provision of this chapter; (B) a rule adopted under this chapter; (C) a special license condition; (D) an order or emergency order by the commissioner of health; [or] (E) another enforcement procedure permitted under this chapter; or (F) a provision of Chapter 96 or a rule adopted under Chapter 96; (2) has a history of noncompliance with the rules adopted under this chapter relating to patient health, safety, and rights which reflects more than nominal noncompliance; or (3) has aided, abetted, or permitted the commission of an illegal act. SECTION 3. The executive commissioner of the Health and Human Services Commission shall adopt any rules necessary to implement Chapter 96, Health and Safety Code, as added by this Act, not later than January 1, 2006, and shall require submission of the initial reports required to be made under that chapter not later than April 30, 2006. SECTION 4. This Act takes effect September 1, 2005.