BILL REQ. #:  H-0143.2 

Prefiled 12/28/2004. Read first time 01/10/2005.   Referred to Committee on Health Care.

     AN ACT Relating to the reporting of infections acquired in health care facilities; adding a new section to chapter 43.70 RCW; adding a new section to chapter 42.17 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 43.70 RCW to read as follows:
     (1) The definitions in this section apply throughout this section unless the context clearly requires otherwise:
     (a) "Hospital" means a health care facility licensed under chapter 70.41 RCW.
     (b) "Hospital-acquired infection" means a localized or systemic condition that results from adverse reaction to the presence of an infectious agent or its toxins and that was not present or incubating at the time of admission to the hospital.
     (2) The department shall:
     (a) Adopt guidelines and rules for the collection, reporting, analysis, and release of information related to hospital-acquired infection rates at hospitals. In adopting these guidelines and rules, the department shall consider the recommendations of the advisory committee established in (c) of this subsection as well as the definitions, methodologies, and practices of the United States centers for disease control related to hospital-acquired infections. The guidelines and rules shall consider the rates of hospital-acquired infections in the following categories:
     (i) Surgical site infections;
     (ii) Ventilator-associated pneumonia;
     (iii) Central line-related bloodstream infections;
     (iv) Urinary tract infections;
     (v) Clostridium difficile infections; and
     (vi) Other procedures or categories that the department determines must be considered to assure public health and safety;
     (b) Publish an annual report that compares the hospital-acquired infection rates at each individual hospital in the state. Comparisons among hospitals shall be adjusted to consider patient mix and other relevant risk factors and control for provider peer groups, when appropriate. The annual report shall disclose data in a format so that no health information about any individual patient is released. The department may respond to requests for data and other information, at the requestor's expense, for special studies and analysis consistent with requirements for confidentiality of patient records;
     (c) Establish an advisory committee to make recommendations to the department in the development of guidelines and rules for the collection, reporting, analysis, and release of information related to hospital-acquired infections. The advisory committee shall consist of representatives of public hospitals, private hospitals, physicians, direct-care nurses, epidemiologists, health insurers, health maintenance organizations, quality improvement committees, labor unions, and consumers of health care services. In developing its recommendations, the department shall consider the definitions, methodologies, and practices of the United States centers for disease control related to hospital-acquired infections.
     (3) Each hospital shall:
     (a) Collect information regarding hospital-acquired infection rates for the specific clinical procedures and categories identified by the department; and
     (b) Prepare a report every three months and submit the reports to the department. The collection and reporting of information shall be performed in accordance with the guidelines and rules of the department.
     (4) Neither the reports submitted by hospitals to the department under subsection (3) of this section, nor any of the data contained in them are subject to discovery by subpoena or admissible as evidence in a civil proceeding.     

NEW SECTION.  Sec. 2   A new section is added to chapter 42.17 RCW to read as follows:
     The reports submitted by hospitals to the department of health under section 1(3) of this act and the data contained in them are exempt from disclosure under this chapter.

NEW SECTION.  Sec. 3   This act takes effect August 1, 2005.