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§ 1303.304. Powers and duties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: May 20, 2002

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: May 20, 2002
40 P.S. § 1303.304
§ 1303.304. Powers and duties
Currentness
(a) General rule.--The authority shall do all of the following:
(1) Adopt bylaws necessary to carry out the provisions of this chapter.
(2) Employ staff as necessary to implement this chapter.
(3) Make, execute and deliver contracts and other instruments.
(4) Apply for, solicit, receive, establish priorities for, allocate, disburse, contract for, administer and spend funds in the fund and other funds that are made available to the authority from any source consistent with the purposes of this chapter.
(5) Contract with a for-profit or registered nonprofit entity or entities, other than a health care provider, to do the following:
(i) Collect, analyze and evaluate data regarding reports of serious events and incidents, including the identification of performance indicators and patterns in frequency or severity at certain medical facilities or in certain regions of this Commonwealth.
(ii) Transmit to the authority recommendations for changes in health care practices and procedures which may be instituted for the purpose of reducing the number and severity of serious events and incidents.
(iii) Directly advise reporting medical facilities of immediate changes that can be instituted to reduce serious events and incidents.
(iv) Conduct reviews in accordance with subsection (b).
(6) Receive and evaluate recommendations made by the entity or entities contracted with in accordance with paragraph (5) and report those recommendations to the department, which shall have no more than 30 days to approve or disapprove the recommendations.
(7) After consultation and approval by the department, issue recommendations to medical facilities on a facility-specific or on a Statewide basis regarding changes, trends and improvements in health care practices and procedures for the purpose of reducing the number and severity of serious events and incidents. Prior to issuing recommendations, consideration shall be given to the following factors that include expectation of improved quality care, implementation feasibility, other relevant implementation practices and the cost impact to patients, payors and medical facilities. Statewide recommendations shall be issued to medical facilities on a continuing basis and shall be published and posted on the department's and the authority's publicly accessible World Wide Web site.
(8) Meet with the department for purposes of implementing this chapter.
(b) Anonymous reports to the authority.--A health care worker who has complied with section 308(a)1 may file an anonymous report regarding a serious event with the authority. Upon receipt of the report, the authority shall give notice to the affected medical facility that a report has been filed. The authority shall conduct its own review of the report unless the medical facility has already commenced an investigation of the serious event. The medical facility shall provide the authority with the results of its investigation no later than 30 days after receiving notice pursuant to this subsection. If the authority is dissatisfied with the adequacy of the investigation conducted by the medical facility, the authority shall perform its own review of the serious event and may refer a medical facility and any involved licensee to the department for failure to report pursuant to section 313(e) and (f).2
(c) Annual report to General Assembly.--
(1) The authority shall report no later than May 1, 2003, and annually thereafter to the department and the General Assembly on the authority's activities in the preceding year. The report shall include:
(i) A schedule of the year's meetings.
(ii) A list of contracts entered into pursuant to this section, including the amounts awarded to each contractor.
(iii) A summary of the fund receipts and expenditures, including a financial statement and balance sheet.
(iv) The number of serious events and incidents reported by medical facilities on a geographical basis.
(v) The information derived from the data collected, including any recognized trends concerning patient safety.
(vi) The number of anonymous reports filed and reviews conducted by the authority.
(vii) The number of referrals to licensure boards for failure to report under this chapter.
(viii) Recommendations for statutory or regulatory changes which may help improve patient safety in the Commonwealth.
(2) The report shall be distributed to the Secretary of Health, the chair and minority chair of the Public Health and Welfare Committee of the Senate and the chair and minority chair of the Health and Human Services Committee of the House of Representatives.
(3) The annual report shall be made available for public inspection and shall be posted on the authority's publicly accessible World Wide Web site.

Credits

2002, March 20, P.L. 154, No. 13, § 304, effective in 60 days.

Footnotes

1
40 P.S. § 1303.308.
2
40 P.S. § 1303.313.
40 P.S. § 1303.304, PA ST 40 P.S. § 1303.304
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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