Sen. Mike Simmons

Filed: 4/29/2024





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2    AMENDMENT NO. ______. Amend Senate Bill 3751 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Equitable Health Outcomes Act.
6    Section 5. Purpose. The purpose of this Act is to
7establish data collection standards to save lives, promote
8equitable health care outcomes, decrease health care costs,
9and ensure quality health care for all through a Health
10Outcomes Review Board.
11    Section 10. Health Outcomes Review Board.
12    (a) There is hereby established a Health Outcomes Review
13Board, which is tasked with annually reviewing and reporting
14data on health outcomes, including illnesses, treatments, and
15causes of death in this State, and which is also tasked with



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1recommending solutions that will improve health outcomes in
2this State.
3    (b) The Board shall be composed of a minimum of 22 and a
4maximum of 25 members, appointed by the Director of Public
5Health or the Director's designee to serve 3-year terms. The
6Director of Public Health or the Director's designee shall
7serve as Chair.
8        (1) Members of the Board shall be appointed from
9    geographic areas throughout the State with knowledge of
10    health care and social determinants of health, including:
11            (A) representatives of hospitals, clinics, and
12        group and private medical practices;
13            (B) health care providers;
14            (C) nursing providers;
15            (D) the Director of each Department having
16        knowledge, data, or relevant jurisdiction over aspects
17        of the health care process;
18            (E) at least 2 representatives from communities in
19        the State most impacted by inequitable health
20        outcomes;
21            (F) representatives of an association of
22        healthcare providers;
23            (G) at least 2 representatives of nonprofit
24        organizations that work in health equity, to be
25        appointed by the Governor;
26            (H) a representative of an association



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1        representing a majority of hospitals statewide; and
2            (I) other health care professionals and
3        representatives that the Director or the Director's
4        designee deems appropriate.
5        (2) In appointing members to the Board, the Director
6    shall follow best practices as outlined by the Centers for
7    Disease Control and Prevention in the United States
8    Department of Health and Human Services.
9        (3) All initial appointments to the Board shall be
10    made within 60 days after the effective date of this Act.
11        (4) Board members shall serve without compensation or
12    perquisite arising from their service.
13    (c) The Director or the Director's designee shall call the
14first Board meeting as soon as practicable following the
15appointment of a majority of Board members, and in no case no
16later than 6 months after the effective date of this Act.
17Thereafter, the Board shall meet pursuant to a schedule that
18is established during the first Board meeting, but no less
19than 4 times per calendar year. The Board may additionally
20meet at the call of the Chair.
21    (d) A majority of the total number of members appointed to
22the Board shall constitute a quorum for the conducting of
23official Board business. Any recommendations of the Board
24shall be approved by a majority of the members present.
25    (e) In addition to any relevant national or publicly
26available data, the Board shall have access to deidentified



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1data sets collected by the Department of Public Health.
2        (1) The data sets provided by the Department and all
3    activities or communications of the commission shall
4    comply with all State and federal laws relating to the
5    transmission of health information.
6        (2) Such data sets shall contain all relevant
7    information of patients that received care in this State
8    during the previous calendar year.
9        (3) Such data sets shall have all personally
10    identifying information removed as set forth in 45 CFR
11    164.514(b)(2).
12        (4) Each member of the Board shall sign a
13    confidentiality agreement regarding personally
14    identifying information that the Department deems
15    necessary to the Board's objective, or that is disclosed
16    to the Board inadvertently. A Board member who knowingly
17    violates the confidentiality agreement commits a class C
18    misdemeanor.
19        (5) Members of the Board are not subject to subpoena
20    in any civil, criminal, or administrative proceeding
21    regarding the information presented in or opinions formed
22    as a result of a meeting or communication of the Board;
23    except that this paragraph does not prevent a member of
24    the Board from testifying regarding information or
25    opinions obtained independently of the Board or that are
26    public information.



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1        (6) Notes, statements, medical records, reports,
2    communications, and memoranda that contain, or may
3    contain, patient information are not subject to subpoena,
4    discovery, or introduction into evidence in any civil,
5    criminal, or administrative proceeding, unless the
6    subpoena is directed to a source that is separate and
7    apart from the Board. Nothing in this Section limits or
8    restricts the right to discover or use in a civil,
9    criminal, or administrative proceeding notes, statements,
10    medical records, reports, communications, or memoranda
11    that are available from another source separate and apart
12    from the Board and that arise entirely independent of the
13    Board's activities. Any information disclosed by the Board
14    must be disclosed in accordance with the Health Insurance
15    Portability and Accountability Act (HIPAA) and the Health
16    Information Technology for Economic and Clinical Health
17    (HITECH) Act and their respective implementing
18    regulations.
19    (f) The Board shall:
20        (1) provide recommendations on data collection
21    regarding race, ethnicity, sexual orientation, gender
22    identity, and language with consideration to all health
23    care facilities, including, but not limited to, hospitals,
24    community health centers, physician and group practices,
25    and insurance programs; the recommendations shall consider
26    federal guidance regarding data collection and reporting



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1    standards and requirements, maintaining data and patient
2    confidentiality, and health care provider resources
3    necessary to implement new data collection and reporting
4    requirements;
5        (2) review illness and death incidents in the State
6    using the deidentified data sets that the Department
7    provides or any other lawful source of relevant
8    information;
9        (3) review research that substantiates the connections
10    between social determinants of health before, during, and
11    after hospital treatment;
12        (4) outline trends and patterns disaggregated by race,
13    ethnicity, and language relating to illness, death, and
14    treatments in this State;
15        (5) review comprehensive, nationwide data collection
16    on illness, death, and treatments, including data
17    disaggregated by race, ethnicity, and language;
18        (6) review any information provided by the Department
19    on social and environmental risk factors for all people,
20    and especially, people of color;
21        (7) review research to identify best practices and
22    effective interventions for improving the quality and
23    safety of health care and compare those to practices
24    currently in use in this State;
25        (8) review research to identify best practices and
26    effective interventions in order to address predisease



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1    pathways of adverse health and compare those to practices
2    currently in use in this State;
3        (9) review research to identify effective
4    interventions for addressing social determinants of health
5    disparities;
6        (10) serve as a link with equitable health outcome
7    review teams throughout the country and participate in
8    regional and national review team activities;
9        (11) request input and feedback from interested and
10    affected stakeholders;
11        (12) compile annual reports, using aggregate data
12    based on the cases that the Department identifies for
13    reporting in an effort to further study the causes and
14    problems associated with inequitable health outcomes and
15    distribute these reports on the Department's website and
16    to the General Assembly, government agencies, health care
17    providers, and others as necessary to provide equitable
18    health care in the State; and
19        (13) produce annually a report highlighting
20    recommended solutions and steps that could be taken in
21    this State to reduce inequitable health outcomes,
22    including complications, morbidity, and near-death or
23    life-threatening incidents, including recommendations to
24    assist health care providers, the Department, and
25    lawmakers in reducing inequitable treatment and health
26    outcomes and shall be distributed on the Department's



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1    website and to the General Assembly, government agencies,
2    health care providers, and others as necessary to reduce
3    inequitable health treatments and outcomes in the State.
4    (g) The Board may:
5        (1) form special ad hoc panels to further investigate
6    cases of illness and death resulting from specific causes
7    when the need arises; and
8        (2) perform any other function as resources allow to
9    enhance efforts to reduce and prevent unnecessary death
10    and illness in the State.
11    (h) For recommendations that would require additional
12action by the General Assembly, the Board report shall include
13specific requests and outlines of legislative action needed,
14including budget requests.
15    (i) The Department of Public Health may adopt rules to
16achieve the outcomes described in this Act.".