HOUSE BILL 165

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Thomas A. Anderson

AN ACT

RELATING TO HEALTH CARE; REQUIRING DISCLOSURE OF INFECTION RATES; PROVIDING FOR PATIENT PRIVACY; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Public Health Act is enacted to read:

     "[NEW MATERIAL] INFECTION REPORTING--PENALTIES.--

          A. A hospital shall collect and maintain records of data on hospital-acquired infection rates for specific clinical procedures determined by rule of the department, including the following types of infections:

                (1) surgical site infections;

                (2) ventilator-associated pneumonia;

                (3) central-line-related bloodstream infections;

                (4) urinary tract infections; and

                (5) other types of infections as determined by the department.

          B. Hospitals shall submit quarterly reports on their hospital-acquired infection rates to the department. Quarterly reports shall be submitted, in a format set forth as determined by the department, by April 30, July 31, October 31 and January 31 each year for the previous quarter. Data in quarterly reports shall cover a period ending no earlier than one month prior to submission of the report. Quarterly reports shall be made available to the public at each hospital and through the department. The first quarterly report shall be due no later than July 31, 2008.

          C. If the hospital is a division or subsidiary of another entity that owns or operates other hospitals or related organizations, the quarterly report shall be for the specific division or subsidiary and not for the other entity.

          D. The secretary of the department shall establish and appoint an advisory committee. The members of the advisory committee shall include representation of infection control departments of both nonprofit and for-profit hospitals, physicians, epidemiologists with hospital-acquired infection expertise, academic researchers, health insurers, health maintenance organizations, consumer organizations and employers. The majority of the members of the advisory committee shall represent interests other than hospitals.

          E. The advisory committee shall work with the department to establish standards and rules necessary to implement the provisions of this section. In addition, the department and the advisory committee shall evaluate the data collected from the hospitals pursuant to this section, as well as the data collection, analysis and dissemination methodologies.

          F. In developing the methodology for collecting and analyzing the infection rate data, the department and the advisory committee shall consider the existing methodologies and systems for data collection, including the centers for disease control and prevention's national nosocomial infection surveillance program or its successor. The data collection and analysis methodology shall be disclosed to the public prior to any public disclosure of hospital-acquired infection rates.

          G. The department shall make, adopt, promulgate and enforce rules as it may deem necessary to effectuate the purposes of this section.

          H. A hospital report or department disclosure made available to the public shall not contain information identifying a patient, employee or licensed health care professional in connection with a specific infection incident.

          I. A determination that a hospital has violated the provisions of this 2007 act may result in:

                (1) suspension, denial or termination of the hospital license; or

                (2) a civil penalty of up to one thousand dollars ($1,000) per day per violation for each day the hospital is in violation of the provisions of this section.

          J. As used in this section:

                (1) "department" means the department of health;

                (2) "hospital" means a general or special hospital, nonprofit or for-profit, licensed by the department; and

                (3) "hospital-acquired infection" means a localized or systemic patient condition that:

                     (a) results from an adverse reaction to the presence of an infectious agent or its toxin; and

                     (b) was not present or incubating at the time of the patient's admission to the hospital."

     Section 2. A new section of the Public Health Act is enacted to read:

     "[NEW MATERIAL] PRIVACY.--A patient's right of confidentiality shall not be violated in any manner. Patient social security numbers and any other information that could be used to identify an individual patient shall not be released notwithstanding any other provision of law."

     Section 3. A new section of the Public Health Act is enacted to read:

     "[NEW MATERIAL] REGULATORY OVERSIGHT.--The department of health shall be responsible for ensuring compliance with this 2007 act as a condition of licensure under the Public Health Act and shall enforce compliance pursuant to that act."

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