REPORT TITLE:
2-year Pilot Report Hotline


DESCRIPTION:
Appropriates $30,000 in FY 1999-2000 and $30,000 in FY 2000-2001
to fund a 2-year pilot health care report hotline for health care
providers to confidentially report dangerous patient situations
to the DOH.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           868
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO A PILOT, TWO-YEAR HEALTH CARE PROVIDER HOTLINE.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the increased
 
 2 emphasis on managed care within the health care industry has
 
 3 generated great interest in protecting the rights of health care
 
 4 consumers.  The passage of the Patient Bill of Rights and
 
 5 Responsibilities Act in 1998, codified as chapter 432E, Hawaii
 
 6 Revised Statutes, allows greater consumer access to information
 
 7 about health care plans, including grievance procedures for
 
 8 consumers who are concerned about access to health care providers
 
 9 and resources.  However, health care providers concerned about
 
10 consumers receiving appropriate services do not have a mechanism
 
11 for confidential reporting of patient care situations that they
 
12 consider may result in harm to the patient.  While some health
 
13 care institutions may provide for confidential reporting by their
 
14 employees, such is not the case for health care providers
 
15 statewide.  Health care providers have identified patient care
 
16 situations they believe are unsafe.  Unfortunately, some health
 
17 care providers do not report these conditions due to
 
18 ramifications concerning job security.  In instances when these
 
19 situations have been called to the attention of the institution,
 

 
Page 2                                                     
                                     S.B. NO.           868
                                                        
                                                        


 1 little or nothing has been done to address the concerns of the
 
 2 health care provider.  The inability of knowledgeable health care
 
 3 providers to speak freely and confidentially about unsafe patient
 
 4 care situations erodes the patients' right to accessible,
 
 5 quality, health care services.  The purpose of this Act is to
 
 6 support increased consumer access to quality health care services
 
 7 by providing health care providers with a confidential toll-free
 
 8 telephone hotline through which they may report patient care
 
 9 situations they believe are likely to result in harm to a
 
10 patient.
 
11      SECTION 2.  As used in this Act:
 
12      "Department" means the department of health.
 
13      "Provider hotline" means a toll-free telephone line from
 
14 which calls will be taken from any health care provider desiring
 
15 to report a patient care situation that the health care provider
 
16 reasonably believes is likely to result in harm to a patient.
 
17      "Health care provider" means an individual who holds a
 
18 Hawaii license or certification in a health care field.
 
19      "Health care entity" means any acute-care hospital, long-
 
20 term care facility, care home, home care agency, rehabilitation
 
21 facility, outpatient or ambulatory clinic, health care provider
 
22 office, or any entity providing health care services.
 
23      SECTION 3.  (a)  The department shall establish a pilot two-
 

 
Page 3                                                     
                                     S.B. NO.           868
                                                        
                                                        


 1 year toll-free health care hotline for the purpose of accepting
 
 2 calls from health care providers who desire to report a patient
 
 3 care situation that the health care provider reasonably believes
 
 4 is likely to result in harm to a patient.  The health care
 
 5 provider shall be considered to be acting in good faith if the
 
 6 individual has previously notified the health care entity of the
 
 7 situation and reasonably believes the following:
 
 8      (1)  The information is true; and
 
 9      (2)  The information reported by the health care provider
 
10           evidences a violation of a law, or rule, or of a
 
11           generally recognized professional or clinical standard
 
12           and the information is related to care services or
 
13           conditions which potentially endangers one or more
 
14           patients.
 
15      (b)  The identity of each individual health care provider
 
16 who makes a report to the department about the quality of care,
 
17 services, or conditions which potentially endanger one or more
 
18 patients shall remain confidential and shall not be disclosed by
 
19 any person except upon the written consent of the individual
 
20 health care provider.  Information provided about patient care
 
21 situations, including the identification of patients, shall be
 
22 considered confidential and not a public record.  Any other law
 
23 to the contrary notwithstanding, a health care provider shall not
 

 
Page 4                                                     
                                     S.B. NO.           868
                                                        
                                                        


 1 be considered to have violated any patient confidentiality
 
 2 provisions when making a report through the health care provider
 
 3 hotline.
 
 4      (c)  No health care entity shall subject to reprisal any
 
 5 health care provider who in good faith reports a situation that
 
 6 the provider reasonably believes is likely to result in harm to a
 
 7 patient or directly or indirectly use, or threaten to use, any
 
 8 authority or influence, in any manner whatsoever, by policy,
 
 9 contract, procedure, or other formal or informal means which
 
10 tends to discourage, retrain, suppress, dissuade, deter, prevent,
 
11 interfere with, coerce, or discriminate against the reporting
 
12 health care provider.
 
13      (d)  The department shall begin an investigation of each
 
14 report within forty-eight hours of the report being made by a
 
15 health care provider.  A thorough investigation shall be
 
16 completed within seven working days from the commencement of the
 
17 investigation.  The findings of the investigation shall be
 
18 provided to the health care provider who reported the situation
 
19 and to the health care entity with recommendations for corrective
 
20 action, if necessary.  The department may assess against any
 
21 health care entity that fails to cooperate with the investigation
 
22 in a timely manner or fails to submit information necessary for
 
23 the investigation, a penalty of not more than $1,000 for each
 

 
Page 5                                                     
                                     S.B. NO.           868
                                                        
                                                        


 1 situation in which the entity is involved and does not cooperate
 
 2 in a timely manner with the department's investigation.
 
 3      (e)  The department shall report to the legislature no later
 
 4 than June 30, 2000 and December 31, 2000.  The report shall
 
 5 include:
 
 6      (1)  The date of each reported situation;
 
 7      (2)  The type of provider by category;
 
 8      (3)  The type of health care entity by category;
 
 9      (4)  The general natural of each reported situation;
 
10      (5)  The action taken by the department; and
 
11      (6)  The resolution of each report.
 
12      SECTION 4.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $30,000, or so much
 
14 thereof as may be necessary for fiscal year 1999-2000, and
 
15 $30,000, or so much thereof as may be necessary for fiscal year
 
16 2000-2001, for the purposes of this Act.  The sums appropriated
 
17 shall be expended by the department of health.
 
18      SECTION 5.  This Act shall take effect upon its approval,
 
19 except that section 4 shall take effect on July 1, 1999; provided
 
20 that section 1 and 2 shall be repealed on June 30, 2001.
 
21 
 
22                           INTRODUCED BY:  _______________________
 

 
 
 
Page 6                                                     
                                     S.B. NO.           868
                                                        
                                                        


 1