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§ 1303.313. Medical facility reports and notifications

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: June 30, 2006

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 5C. Medical Care Availability and Reduction of Error (Mcare) Act (Refs & Annos)
Chapter 3. Patient Safety (Refs & Annos)
Effective: June 30, 2006
40 P.S. § 1303.313
§ 1303.313. Medical facility reports and notifications
(a) Serious event reports.--A medical facility shall report the occurrence of a serious event to the department and the authority within 24 hours of the medical facility's confirmation of the occurrence of the serious event. The report to the department and the authority shall be in the form and manner prescribed by the authority in consultation with the department and shall not include the name of any patient or any other identifiable individual information.
(b) Incident reports.--A medical facility shall report the occurrence of an incident to the authority in a form and manner prescribed by the authority and shall not include the name of any patient or any other identifiable individual information.
(c) Infrastructure failure reports.--A medical facility shall report the occurrence of an infrastructure failure to the department within 24 hours of the medical facility's confirmation of the occurrence or discovery of the infrastructure failure. The report to the department shall be in the form and manner prescribed by the department.
(d) Effect of report.--Compliance with this section by a medical facility shall satisfy the reporting requirements of the act of July 19, 1979 (P.L. 130, No. 48), known as the Health Care Facilities Act.1
(e) Notification to licensure boards.--If a medical facility discovers that a licensee providing health care services in the medical facility during a serious event failed to report the event in accordance with section 308(a),2 the medical facility shall notify the licensee's licensing board of the failure to report.
(f) Failure to report or notify.--Failure to report a serious event or an infrastructure failure as required by this section or to develop and comply with the patient safety plan in accordance with section 3073 or to notify the patient in accordance with section 308(b) shall be a violation of the Health Care Facilities Act and, in the case of an abortion facility, may be a basis for revocation of approval pursuant to 28 Pa. Code § 29.43 (relating to facility approval). In addition to any penalty which may be imposed under the Health Care Facilities Act or under 18 Pa.C.S. Ch. 32 (relating to abortion), a medical facility which fails to report a serious event or an infrastructure failure or to notify a licensure board in accordance with this chapter may be subject to an administrative penalty of $1,000 per day imposed by the department.
(g) Report submission.--Within 30 days following notice published pursuant to section 5103,4 a medical facility shall begin reporting serious events, incidents and infrastructure failures consistent with the requirements of this section.

Credits

2002, March 20, P.L. 154, No. 13, § 313, effective June 7, 2004. Amended 2006, May 1, P.L. 103, No. 30, § 2, effective in 60 days [June 30, 2006].

Footnotes

35 P.S. § 448.101 et seq.
40 P.S. § 1303.308.
40 P.S. § 1303.307.
Notice was published on May 8, 2004; see 34 Pa.B. 2520.
40 P.S. § 1303.313, PA ST 40 P.S. § 1303.313
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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