§ 23-17.21-7 - Requirements for patient safety organizations.
SECTION 23-17.21-7
§ 23-17.21-7 Requirements for patientsafety organizations. – (a) PSO shall be certified by the department before entering into a contractwith a reporting entity.
(b) A PSO shall provide guidance to reporting entities onreporting matters, and shall maintain all reports and associated documents asconfidential and privileged, including any reports or information withidentifiable information.
(c) A PSO shall, as appropriate, disseminate to health careproviders and facilities, the department, the quality of care advisorycommittee, and the public, information or recommendations, including suggestedpolicies, procedures or protocols, on best medical practices or potentialsystem changes designed to improve patient safety and the overall quality ofcare. Notwithstanding the foregoing, the PSO shall not disclose identifiablepatient safety work product to the department, the quality of care advisorycommittee, or the public.
(d) A PSO shall have in place appropriate safeguards andsecurity measures to ensure the technical integrity, physical safety, andconfidentiality of any patient safety work product. As provided for in §23-17.21-8, patient safety work product shall be confidential, and shall not besubject to any discovery, access or use by any person or entity other than thePSO and the reporting entity with which the PSO has contracted. Nothing in thischapter shall be construed to prohibit a PSO from choosing to disclose patientsafety work product, or portions of patient safety work product solely to areporting entity, in conformity with the PSO's mission and within itscontractual obligations to the reporting entity submitted the information. Nopatient safety organization may release protected health information or patientidentifying information without meeting the requirements of state laws and thefederal Health Insurance Portability and Accountability Act of 1996 as amendedfrom time to time.
(e) The PSO shall adopt appropriate physical, technical andprocedural safeguards to ensure the privacy and security of the patient safetywork product. Such safeguards shall comply with the state and federalconfidentiality laws including, without limitation, the Health InsurancePortability and Accountability Act of 1996 and its implementing regulations (45C.F.R. Parts 160-164).