Patient safety is the cornerstone of high-quality health care. Michael Callahan, senior counsel with Katten's Health Care team, will present the "Patient Safety Organizations 101: Patient Safety Work Product Privilege in the Context of PSOs" program at noon (CT) on Wednesday, June 2 for NCPS members. (I) are assembled or developed by a provider for reporting to a patient safety . for patient safety work product apply in all U.S. States and territories, and across State lines. *As a reminder, PSWP should be labeled for identification as "Patient Safety Work Product, Privileged and Confidential, Not Subject to Discovery, Cannot Be Used as Evidence" to ensure that all material is correctly identified. Blood products; Hand hygiene; Medical device safety; Medication safety. (b) (1) Patient safety work product disclosed for use in a criminal proceeding pursuant to section 922(c)(1)(A) of the Public Health Service Act, 42 U.S.C. Unauthorized disclosure or duplication is absolutely prohibited. Past Meetings; Knowledge center. (a) Patient safety work product is nonidentifiable with respect to a particular identified provider or a particular identified reporter if: (1) A person with appropriate knowledge of and experience with generally accepted statistical and scientific principles and methods for rendering information not individually identifiable: (i) Applying such principles and methods, determines that the risk . Safe Table Forums; Addressing specific risks. To encourage the reporting and analysis of medical errors, PSQIA provides Federal privilege and confidentiality protections for . The Kentucky Supreme Court in Clouse stated that the healthcare facility must first show that the documents requested are patient safety work product. (i) which--. 299b-21(7)(B)(i). There is no one-size-fits-all policy; each health care facility has needs that others may not experience. The Guidance Regarding Patient Safety Work Product and Providers' External Obligations is intended to provide clarity in response to recurring questions about what information that a provider creates or assembles can become patient safety work product (PSWP). Nurses are critical to the surveillance and coordination that reduce such adverse outcomes. Indeed, there is a clear consensus that quality health services across the world should be effective, safe and people-centred. Pain management and sedation; Anticoagulation; General medication safety; Infusion pumps; Labeling and packaging; In particular, this Patient Safety and Quality Improvement Act of 2005 Guidance Regarding Patient Safety Work Product and Providers' External Obligations (Guidance) is intended to clarify what information that a provider creates or assembles can become patient safety work product (PSWP) in response Patient safety work product that is disclosed under subsection (c) shall continue to be privileged and confidential as provided for in subsections (a) and (b), and such disclosure shall not be treated as a waiver of privilege or confidentiality, and the privileged and confidential nature of such work product shall also apply to such work . Notwithstanding any other provision of Federal, State, local, or Tribal law and subject to paragraph (b) of this section and 3.208 of this subpart, patient safety work product shall be privileged and shall not be: Organization listed by the U.S. Department of Health and Human Services pursuant to the Patient Safety and Quality Improvement Act ("Act"), a federal law that provides confidentiality and privilege for Patient Safety Work Product (PSWP); Whereas, in order to comply with the Act, member hospitals must develop a Patient Safety Patient Safety Work Product must not be disclosed, except in very specific circumstances and subject to very specific restrictions. Acronym Definition; PSWP: Patient Safety Work Product (US Patient Safety & Quality Improvement Act of 2005): PSWP: Puget Sound Writing Project (Seattle, WA): PSWP: Program on Solid Waste Policy (Yale University; New Haven, CT): PSWP: Pregnant Soldier Wellness Program 299b-21(7)(A). Our patient safety team drives improvements in safety working with healthcare delivery organizations and stakeholders across all settings of care. The Court in the Rumsey v. Guthrie Med. Rather, patient safety work product [PSWP] can be used within an organization for "educational, academic, or other professional purposes," or "credentialing, disciplinary, or peer review purposes." Also critical to whether the QRE is protected is the question of whether it was maintained in the Patient Safety Evaluation System. The presentation will explore patient safety organizations (PSOs) and the state and federal laws, such as . ( 2) Disclosure to the extent required to permit equitable relief subject to the . Under the 2005 law, providers report . Patient Safety Work Product is defined in 42 U.S.C. Much work remains to be done in evaluating the impact of nursing care on positive quality . Second, the healthcare facility must provide proof that these are maintained within the hospital's patient safety evaluation system. This Guidance also clarifies how providers can satisfy external obligations related . "Ask CHPSO" is a regular column in the bimonthly Patient Safety News and is intended to provide answers to . Patient safety work product includes information collected and created during the reporting and analysis of patient safety events. Dive Brief: HHS issued guidance Tuesday clarifying what can be called a patient safety work product (PSWP) under the Patient Safety Quality Improvement Act. case explained that "[t]he patient safety work product privilege is intended to promote candor . The Act and Rule: Patient safety work product "does not include a patient's medical record, billing and discharge information, or any other original patient or provider information." 42 U.S.C. Richard Rumsey underwent an elective hospital procedure at Robert Packer Hospital ("Hospital"). Research and Quality and the United States Department of Defense. ECRI Patient Safety. Named a Patient Safety Organization (PSO) by the U.S. Department of Health and Human Services, ECRI has collected more than 3 million serious patient safety events and near-miss . health information as well as any contextual indicators) with providers who are not af liated with this entity for patient safety purposes. This privilege is broad-based, and preempts other state and Federal laws. It is important to keep in mind that the PSES can . In particular, this Patient Safety and Quality Improvement Act of 2005Guidance Regarding Patient Safety Work Product and Providers' External Obligations (Guidance) is intended to clarify what information that a provider creates or assembles can become patient safety work product (PSWP) in response to recurring questions. Once this is established, the privilege remains intact . The Public Health Service; Agency for Health Care Research and Quality; Patient Safety Improvement], patient safety work product means "any data, reports, records, memoranda, analyses (such as root cause analyses), or written or oral statements--. It further delineates the Act and the privilege and confidentiality protections for patient safety work product, as well as further information on how to separate PSWP from the rest of the larger organization. 299b-22(c)(1)(A), and/or pursuant . Under 42USC299b-22 and 42CFR3.204, Patient Safety Work Product (PSWP) is a federal privilege that secures safety and quality information exchanged either within or across institutional boundaries. A Discussion of the Patient Safety Work Product Privilege. Patient Safety Work Product; Health IT; Scheduled Meetings. Privilege shall not apply to (and shall not be construed to prohibit) one or more of the following disclosures: ( 1) Disclosure of relevant patient safety work product for use in a criminal proceeding, subject to the conditions at 3.206 (b) (1) of this subpart. If a PSO only engages in the collection and analysis of patient safety work product involving non-institutional pediatric safety events, the PSO's requirement to have an appropriately qualified workforce would be satisfied by a currently licensed pediatrician who is a member of the PSO's workforce and has sufficient knowledge, expertise, and . The Patient Safety and Quality Improvement Act of 2005 (PSQIA) establishes a voluntary reporting system designed to enhance the data available to assess and resolve patient safety and health care quality issues. Michael Callahan, of counsel on Katten's Health Care team, will present the "Patient Safety Work Product (PSWP) Privilege in the Context of Patient Safety Organizations" sessions at the University of California Professional Medical Hospital Liability Program Panel Counsel Seminar at 1:00 p.m. Pacific on Thursday, December 19 and Friday, December 20. Much of the work defining patient safety and practices that prevent harm have focused on negative outcomes of care, such as mortality and morbidity. Disclosure of patient safety work product for patient safety activities by a provider to an affiliated . 3.204 Privilege of patient safety work product. (a) Privilege. PSOs can help you develop successful approaches to improving quality Our projects accelerate learning and innovation in health care delivery, which helps to speed the uptake of . A patient safety evaluation system is the system you use to collect, manage, and analyze information (patient safety work product) for reporting to your patient safety organization, CHPSO. Greater reporting . 1 After he developed an infection, Mr . Note: the Patient Safety Activities Exception is the most common one that providers and PSOs will be working with. (a) Except as provided in paragraph (b) of this section, patient safety work product disclosed in accordance with this subpart, or disclosed impermissibly, shall continue to be privileged and confidential. The confidentiality provisions will improve patient safety outcomes by creating an environment where providers may report and examine patient safety events without fear of increased liability risk. Patient Safety Work Product and Its Limitations: A Discussion of Two Recent Cases In the context of medical malpractice litigation, it is important for lawyers representing the injured patient and health care providers to understand the overall purpose of the Healthcare Quality and Improvement Act, as well as its limitations as far as patient safety work product is concerned. Permitted Disclosures Patient Safety Activities PSWP may be disclosed: This is CONFIDENTIAL PATIENT SAFETY WORK PRODUCT and is protected from disclosure pursuant to applicable Federal statutes.