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THE SENATE |
S.B. NO. |
2728 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRAUMA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature has recognized that, in Hawaii, injury is the leading cause of death for persons between the ages of one to forty-four and, therefore, the improvement of trauma care in Hawaii is a public health priority.
By Act 305, Session Laws of Hawaii 2006, the department of health was charged with the continuing development and operation of a comprehensive statewide trauma system in order to save lives and improve outcomes of injured patients. To improve patient care, a comprehensive trauma system requires the systematic review of information related to patient care and system performance by all parties involved in a protected environment that supports participation and frank discussion. The importance of protecting peer review of health care provided is recognized in Hawaii by statute in section 624-25.5, Hawaii Revised Statutes. The department of health's child death review is also protected under sections 321-341 and 321-345, Hawaii Revised Statutes. This measure seeks to establish that statewide emergency and trauma system multiagency and multidisciplinary quality assurance and peer review subcommittees convened and conducted by the department of health for the purposes of making system improvements, have similar protections as those committees formed by hospitals and health maintenance organizations.
SECTION 2. Section 321-230, Hawaii Revised Statutes, is amended to read as follows:
"§321-230 Technical assistance, data collection, evaluation. (a) The department may contract for technical assistance and consultation, including but not limited to categorization, data collection, and evaluation appropriate to the needs of the state system. The collection and analysis of statewide emergency medical services data, including pediatrics, trauma, cardiac, medical, and behavioral medical emergencies, shall be for the purpose of improving the quality of services provided.
The department may implement and maintain a
trauma registry for the collection of information concerning the treatment of
critical trauma patients at state designated trauma centers[,] and carry
out a system for the management of that information. The system may provide
for the recording of information concerning treatment received before and after
a trauma patient's admission to a hospital or medical center. All state
designated trauma centers shall submit to the department [of health]
periodic reports of each patient treated for trauma in the state system in such
manner as the department shall specify.
The department may form multidisciplinary and multiagency advisory committees to analyze, evaluate, and recommend improvements to the statewide trauma system and the services it provides to the public. Advisory committees shall be comprised of representatives of trauma, emergency, and tertiary care providers and organizations. Within any advisory committee, a system performance review subcommittee may be created for the express purpose of reviewing confidential patient care records and related documents in order to make recommendations on improvements to the trauma care system and quality care of providers. A system performance review subcommittee shall be exempt from chapter 92.
For the purposes of this subsection, "categorization" means systematic identification of the readiness and capabilities of hospitals and their staffs to adequately, expeditiously, and efficiently receive and treat emergency patients.
(b) The department shall establish, administer, and maintain an aeromedical emergency medical services system designed to collect and analyze data to measure the efficiency and effectiveness of each phase of an emergency aeromedical program.
The aeromedical emergency medical services system shall serve the emergency health needs of the people of the State by identifying:
(1) The system's strengths and weaknesses;
(2) The allocation of resources; and
(3) The development of rotary-wing emergency aeromedical services standards;
provided that emergency helicopter use, including triage protocols, shall be based on national aeromedical triage and transport guidelines established by the Association of Air Medical Services, the American College of Surgeons and the National Association of Emergency Medical Service Physicians. The department, in the implementation of this subsection, shall plan, coordinate, and provide assistance to all entities and agencies, public and private, involved in the system.
(c) The department shall use an emergency aeromedical services quality improvement committee comprised of representatives of trauma, emergency, and tertiary care physicians and providers to analyze information collected from the aeromedical quality improvement performance measures as established by the American College of Surgeons, and to recommend system standards and resources to maintain and improve the Hawaii emergency aeromedical services system.
(d) No member of a system performance review subcommittee who reviewed confidential patient care records and related documents and participated in making recommendations for improvements to the trauma care system and quality care of providers may be compelled to testify in any civil or criminal proceeding regarding the information reviewed by the subcommittee or basis for the recommendations presented as a result of the review. Nothing in this subsection shall be construed to prevent a person from testifying to information obtained independently of participation in a review by a system performance review subcommittee, to public information, or when the disclosure is required by law or court order. The prohibition relating to testimony shall not apply to statements made by any person in attendance at a system performance review subcommittee meeting who is a party or percipient witness in an action or proceeding the subject matter of which was reviewed at the meeting.
(e) Confidential patient care records and related documents held by the department that were reviewed by a system performance review subcommittee are confidential and not subject to disclosure through subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except upon a showing by clear and convincing evidence that patient care records and related documents are not otherwise available from other sources. Patient care records and related documents are not deemed to be confidential or immune from subpoena, discovery, or introduction into evidence through other sources solely because they were reviewed by a system performance review subcommittee. Nothing in this subsection shall prohibit from subpoena, discovery, or introduction into evidence any original sources of information and data including recommendations for system performance improvements and quality care, incident reports, occurrence reports, statements, or similar reports that state facts concerning a specific situation and records made in the regular course of business by trauma, emergency, or health care providers, including patient medical records.
(f) To the extent that this section conflicts with other state confidentiality laws, this section shall prevail."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect July 1, 2050.
Report Title:
Trauma
Description:
Authorized the Department of Health to form multidisciplinary and multiagency advisory committees to recommend improvements to the statewide trauma system; provides statutory protection from discovery for advisory committees. Effective 7/1/50. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.