The Lombardi Law Firm Blog

Patient Safety: Why does Iowa wish to keep SREs the hosptials dirty little secrets?

Yesterday I promised the list of states that had joined the efforts to avoid SRE’s.  As I said Iowa is not one of those states with mandatory reporting or SRE’s.

Where does your state stand on SRE’s? Is your state included or not included? If not included then why not?

Only 25 states have joined the efforts to make the medical facilities in their states safer by avoiding those practices that make up the SRE list.  Iowa, where I live is not one of them. Today you and I can ponder the difficult question of why our state governments would choose to not be a part of changing your healthcare system to avoid SREs.  One has to wonder if lobbyists associated with hospital and health care systems are doing more harm to this country than any civil lawsuit ever did.

Quality and Patient Safety

State adverse event reporting rules and statutes*

Note: States listed here are linked to NASHP's Patient Safety Toolbox and to individual
state profiles of each state's adverse event reporting system

California
Title 22 Division 5 Chapter 1 Article 70737

Colorado              
Colorado Revised Statutes, sec. 25-1-124
The Code of Colorado Regulations, ch. 2, sec. 3.2
State Board of Health, General Licensure Standards

Connecticut        
General Statutes Section19a-127n

Florida                   
Fla. Stat. ch. 395.0197 (2003):  Internal risk management program

Georgia
Georgia Rules 290-9-7-.07

Illinois
Public Act 094-0242

Indiana
Executive order 05-10 
Indiana Department of Health; 410 IAC 15-2.4-2.2

Kansas                 
Kan. Stat. Ann. § 65-4923 (2002)
Kansas Administrative Code, 25-52-1

Maine                   
Me. Rev. Stat. Ann. tit. 22, § 8753 (2003)

Maryland
COMAR 10.07.06

Massachusetts 
105 Code of Massachusetts Regulations 130.331

Minnesota
Minnesota adverse events legislation

New Jersey        
New Jersey Regulations NJAC 8:43G-5.6
www.nj.gov/health/quality/pslaw_chap9.pdf

Nevada
Nevada Revised Statute (NRS) 439.800-890 
Nevada Administrative Code (NAC) 439.900-920
Assembly Bill 59 (AB59)

New York            
New York Public Health Law, sec. 2805(L)
New York Code of Rules and Regulations, Title 10, Section 405.8

Ohio
Ohio Department of Health's reporting requirements for 9 specific services
Revised Code Section 3702.11
Ohio Administrative Code Chapter 3701-84
The rules are available at www.odh.state.oh.us

Oregon
Oregon law to improve patient safety by reducing the risk of adverse events:
Section 9, Chapter 686, Oregon laws 2003

Pennsylvania    
Pa. Stat. Ann. tit. 40, § 1303.308 (2003)
Pa. Stat. Ann. tit. 40, § 1303.313
Medical Care Availability and Reduction of Error Act

Rhode Island     
Rhode Island Statutes, section 23-17-40
Rules and Regulations for Licensing of Hospitals, R23-17-HOSP, please refer to sections 1.41, 1.42 and 34.0

South Carolina  
South Carolina Code of Regulations, Regulation No. 61-16, Sec. 206

South Dakota     
Administrative Rules of South Dakota 44:04:01:07

Tennessee         
Tennessee Rules Chapter 1200-8-1. SB2316

Texas
Tex. Health and Safety Code Sec. 241.201 - 241.210 (2003)
Patient Safety Program and Medical Error Reporting - Final Rules (Amending 25 Texas Administrative Code, Chapter 133)

Utah                    
Utah Division of Administrative Rules, R380-200
Health Care Facility Patient Safety Program Rule R380-210

Washington      
Washington Administrative Code, section 246-320-145

*All rules and statutes refer to mandatory reporting except for Oregon, which established a voluntary reporting system.