BILL REQ. #: H-2375.2
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 3/10/03.
AN ACT Relating to improving health care professional and health care facility patient safety practices; adding a new section to chapter 7.70 RCW; adding new sections to chapter 43.70 RCW; adding new sections to chapter 43.131 RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that thousands of
patients are injured each year in the United States as a result of
medical errors, and that a more comprehensive approach than looking
only at the fault of individual practitioners is needed to effectively
reduce the incidence of medical errors in our health care system.
Incentives should be available to encourage health care providers,
facilities, and health carriers to engage in proven patient safety and
medical error reduction efforts. Investments in proven strategies can
reduce medical errors, and thereby potentially reduce the need for
disciplinary actions against licensed health care professionals and
facilities, and the frequency and severity of medical malpractice
claims. By adopting a patient safety set aside to fund proven patient
safety and medical error reduction strategies through a one percent for
patient safety program, the legislature intends to positively influence
the safety and quality of care provided in Washington state's health
care system.
NEW SECTION. Sec. 2 A new section is added to chapter 7.70 RCW
to read as follows:
(1) One percent of the present value of the settlement or judgment
in any action for damages based upon injuries resulting from health
care that is paid to an injured claimant shall be deducted from the
settlement or judgment as a patient safety set aside. Proceeds of the
patient safety set aside will be distributed by the department of
health in the form of grants, loans, or other appropriate arrangements
to support strategies that have been proven to reduce medical errors
and enhance patient safety.
(2) Patient safety set asides shall be transmitted to the secretary
of the department of health for deposit into the patient safety account
established in section 5 of this act.
(3) The supreme court shall by rule adopt procedures to implement
this section.
NEW SECTION. Sec. 3 A new section is added to chapter 43.70 RCW
to read as follows:
Proceeds from the patient safety set asides shall be administered
by the department of health, in consultation with established patient
safety coalitions. Proceeds will be distributed in the form of grants,
loans, or other appropriate arrangements to support strategies that
have been proven to reduce medical errors and enhance patient safety.
In developing criteria for the award of grants, loans, or other funding
arrangements under this section, the department shall:
(1) Consult with established patient safety coalitions and health
care workers engaged in direct patient care activities; and
(2) Rely heavily upon evidence-based practices that have been shown
to improve patient safety and have been identified and recommended by
governmental and private organizations, including but not limited to:
(a) The federal agency for health care quality and research;
(b) The federal institute of medicine;
(c) The joint commission on accreditation of health care
organizations; and
(d) The national quality forum.
NEW SECTION. Sec. 4 A new section is added to chapter 43.70 RCW
to read as follows:
The secretary may solicit and accept grants or other funds from
public and private sources to support patient safety and medical error
reduction efforts under this act. Any grants or funds received may be
used to enhance these activities as long as program standards
established by the secretary are maintained.
NEW SECTION. Sec. 5 A new section is added to chapter 43.70 RCW
to read as follows:
The patient safety account is created in the custody of the state
treasurer. All receipts from the set aside established in section 2 of
this act must be deposited into the account. Expenditures from the
account may be used only for the purposes of this act. Only the
secretary or the secretary's designee may authorize expenditures from
the account. The account is subject to allotment procedures under
chapter 43.88 RCW, but an appropriation is not required for
expenditures.
NEW SECTION. Sec. 6 A new section is added to chapter 43.70 RCW
to read as follows:
By December 1, 2006, the department shall report the following
information to the governor and the health policy and fiscal committees
of the legislature:
(1) The amount of patient safety set asides deposited to date in
the patient safety account;
(2) The criteria for distribution of grants and loans under this
act; and
(3) A description of the medical error reduction and patient safety
grants and loans distributed to date, including their desired
objectives, activities, timelines, and any available information on
outcomes.
NEW SECTION. Sec. 7 A new section is added to chapter 43.131 RCW
to read as follows:
The one percent for patient safety program shall be terminated
December 31, 2008, as provided in section 8 of this act.
NEW SECTION. Sec. 8 A new section is added to chapter 43.131 RCW
to read as follows:
The following acts or parts of acts, as now existing or hereafter
amended, are each repealed, effective December 31, 2009:
(1) Section 2 of this act;
(2) Section 3 of this act;
(3) Section 4 of this act;
(4) Section 5 of this act; and
(5) Section 6 of this act.
NEW SECTION. Sec. 9 Sections 2 and 3 of this act take effect
January 1, 2004.