HB3772 97TH GENERAL ASSEMBLY

LRB097 11799 RPM 55040 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3772

Introduced 5/5/2011, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

410 ILCS 522/10-20
410 ILCS 522/10-35
410 ILCS 522/10-55 new

Amends the Illinois Adverse Health Care Events Reporting Law of 2005. Includes additional reporting provisions if a health care facility implements a corrective action plan to address the findings of a root cause analysis of an adverse health care event. Sets forth provisions concerning the actions that the Department of Public Health shall take concerning an adverse health care event. Sets forth a provision concerning violations of the Law.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Adverse Health Care Events Reporting Law of 2005 is amended by changing Sections 10-20 and 10-35 and by adding Section 10-55 as follows:

(410 ILCS 522/10-20)

Sec. 10-20. Root cause analysis; corrective action plan. Following the occurrence of an adverse health care event, the health care facility must conduct a root cause analysis of the event. Following the analysis, the health care facility must (i) implement a corrective action plan to address the findings of the analysis and (A) report to the Department any changes in the corrective action plan originally submitted to the Department, (B) report to the Department the result of the implementation of the corrective action plan or plans, and (C) report to the Department any revisions to the corrective action plan or plans necessary to overcome deficiencies or the failure of that original plan or (ii) report to the Department any reasons for not taking corrective action. A copy of the findings of the root cause analysis and a copy of the original corrective action plan must be filed with the Department within 90 days after the submission of the report to the Department under Section 10-15. Revisions to the original corrective action plan must be filed with the Department within 15 days after the revision.

(Source: P.A. 94-242, eff. 7-18-05.)

(410 ILCS 522/10-35)

Sec. 10-35. Analysis of reports; response to reports; communication of findings. The Department shall do the following:

(1) Analyze adverse event reports, corrective action plans, and findings of the root cause analyses to determine patterns of systemic failure in the health care system and successful methods to correct these failures.

(1.2) Determine if the corrective action plans have been implemented and resulted in successful corrections.

(1.3) Require the submission of changes to plans of correction that have not been successful in correcting systemic failures.

(1.4) Determine repeated adverse event reports and require root cause analyses and plans of correction to prevent recurrences.

(1.5) Determine if certain adverse event reports constitute a substantial threat to the general public health and welfare concerning which the Department shall issue public health warnings.

(2) Communicate to individual health care facilities the Department's conclusions, if any, regarding an adverse event reported by the health care facility.

(3) Communicate to relevant health care facilities any recommendations for corrective action resulting from the Department's analysis of submissions from facilities.

(4) Publish an annual report that does the following:

(i) Describes, by institution, adverse health care events reported.

(ii) Summarizes, in aggregate form, the corrective action plans and findings of root cause analyses submitted by health care facilities.

(iii) Describes adopted recommendations for quality improvement practices.

(Source: P.A. 94-242, eff. 7-18-05.)

(410 ILCS 522/10-55 new)

Sec. 10-55. Violations. The Department may issue a notice of violation to any facility that does not comply with this Law. Notwithstanding the provisions of Section 10-25 of this Law, the identity of the facility and its violation of the Law shall be subject to public disclosure. Standards and procedures governing such notices and disclosure shall be determined by administrative rule.