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Liability jitters may impede patient safety system.(Practice Trends)
WASHINGTON -- The patient safety system signed into law this summer by President Bush will likely take many months to implement--and is likely to demand some adjustment in physician attitudes about error reporting.
Under the new law, a "patient safety work product" of reported errors and near misses is privileged and cannot be used in legal or disciplinary actions. Data collected can be used in a criminal trial only after the court makes a determination that the evidence is "material to the proceeding" and "not reasonably available from another source," according to text of the Patient Safety and Quality Improvement Act of 2005.
The structure will allow providers to voluntarily submit information to patient safety organizations certified by the Department of Health and Human Services. Patient confidentiality must be maintained. The purpose of the system is to create a searchable database of medical errors that can be analyzed and used to develop new care systems and best practices that would avoid similar errors in the future.
The law authorizes federal funding for fiscal years 2006-2010. Implementation could begin as early as next year, said Gordon Wheeler, associate executive director for public affairs for the American College of Emergency Physicians, noting that for that to happen, the HHS "secretary's got a lot to do to set it up."
HHS must coordinate databases nationwide into a single aggregated interactive resource for providers and patient safety organizations. It also must develop or adopt voluntary national standards to promote the electronic exchange of health care information.
HHS will also certify the organizations, which were described as "new animals," by Margaret VanAmringe, vice president for public policy and government relations at the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).
There are several possible models for patient safety organizations, she said, including U.S. Pharmacopeia's MEDMARX system. For a subscription fee, hospitals and health care systems can access MEDMARX's database to track adverse drug reactions and medication errors. Ms. VanAmringe also said groups like JCAHO could develop patient safety organizations, as could medical specialty organizations looking to establish "niche PSOs" to track specific ...
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...Quality Improvement Act of 2005 (Patient Safety Act) became effective on January...voluntarily report information to patient safety organizations (PSOs) for the aggregation and analysis of patient safety events. The information reported...
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...with federally certified Patient Safety Organizations (PSOs) and issues concerning...as counsel to the Florida Patient Safety Corporation, the first PSO...for Quality Improvement and Patient Safety (the Center) at the Agency...
