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H. B. No. 353 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Carey, Combs, Derickson, Gonzales, Grossman, Hackett, Hollington, McGregor, Murray, Newbold, Peterson, Stebelton, Thompson
A BILL
To amend sections 3727.35, 3727.36, 3727.37, 3727.38,
3727.39, 3727.40, 3727.41, and 3727.45 and to
repeal sections 3727.31, 3727.311, 3727.312,
3727.313, 3727.32, 3727.321, 3727.33, and 3727.331
of the Revised Code to repeal certain hospital
performance reporting requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3727.35, 3727.36, 3727.37, 3727.38,
3727.39, 3727.40, 3727.41, and 3727.45 of the Revised Code be
amended to read as follows:
Sec. 3727.35. The director of health shall permit a hospital
to verify the accuracy of all information submitted to the
director under sections 3727.33 and section 3727.34 of the Revised
Code and provide corrections of the information in a timely
manner.
Sec. 3727.36. Under no circumstances shall the name or
social security number of a patient, physician, or dentist be
included in the information submitted under section 3727.33 or
3727.34 of the Revised Code.
Sec. 3727.37. A hospital that submits information under
section 3727.33 or 3727.34 of the Revised Code is not liable for
the misuse or improper release of the information by any of the
following:
(A) The department of health;
(B) A person with whom the director of health contracts under
section 3727.391 of the Revised Code;
(C) A person whose misuse or improper release of the
information is not done on behalf of the hospital.
Sec. 3727.38. The information submitted under section
3727.33 or 3727.34 of the Revised Code shall not be used to
establish or alter any professional standard of care. The
information is not admissible as evidence in any civil, criminal,
or administrative proceeding.
Sec. 3727.39. (A) The duties of the director of health under
this section are subject to section 3727.391 of the Revised Code.
(B) Not later than ninety days after a hospital submits
information to the director of health under section 3727.33 or
3727.34 of the Revised Code, the director shall make the submitted
information available on an internet web site. In making the
information available on a web site, the director shall do all of
the following:
(1) Make the web site available to the public without charge;
(2) Provide for the web site to be organized in a manner that
enables the public to use it easily;
(3) Exclude from the web site any information that
compromises patient privacy;
(4) Include links to hospital internet web sites to enable
the public to obtain additional information about hospitals,
including hospital programs designed to enhance quality and
safety;
(5) Allow other internet web sites to link to the web site
for purposes of increasing the web site's availability and
encouraging ongoing improvement;
(6) Update the web site as needed to include new information
and to correct errors.
(C) The information submitted under section 3727.33 of the
Revised Code shall be presented on the web site in a manner that
enables the public to compare the performance of hospitals in
meeting the measures for hospital inpatient and outpatient
services specified in rules adopted under section 3727.41 of the
Revised Code. In making the information available on a web site,
the director shall do all of the following:
(1) Enable the public to compare the performance of hospitals
in meeting the measures for specific diagnoses and procedures;
(2) Enable the public to make the comparisons by different
geographic regions, such as by county or zip code;
(3) Based on the report issued to the director pursuant to
division (A)(2) of section 3727.32 of the Revised Code, include a
report of each hospital's overall performance in meeting the
measures;
(4) To the extent possible, include state and federal
benchmarks for the measures;
(5) Include contextual information and explanations that the
public can easily understand, including contextual information
that explains why differences in the performance of hospitals in
meeting the measures may be misleading;
(6) Exclude from the web site a hospital's performance in
meeting a particular measure if the hospital's caseload for the
diagnosis or procedure that the measure concerns is insufficient,
as determined in accordance with the guidelines submitted to the
director under division (A)(3) of section 3727.32 of the Revised
Code, to make the hospital's performance for the diagnosis or
procedure a reliable indicator of its ability to treat the
diagnosis or provide the procedure in a quality manner;
(7) Clearly identify the sources of information used in the
web site and explain both of the following:
(a) The analytical methods used in determining the
performance of hospitals in meeting the measures;
(b) The risk adjustment methodologies that hospitals use to
adjust information submitted to the director pursuant to division
(C) of section 3727.33 of the Revised Code.
Sec. 3727.40. Not later than ninety days after a hospital
submits information to the director of health under section
3727.33 or 3727.34 of the Revised Code, the director shall make
the submitted information available for sale to any interested
person or government entity. When the director sells the
information, the fee charged shall not exceed a reasonable amount.
Sec. 3727.41. (A)(1) The director of health shall adopt rules
governing hospitals in their submission of information to the
director under sections 3727.33 and section 3727.34 of the Revised
Code. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.
(2) Rules adopted by the director under division (A)(1) of
this section shall not require either of the following:
(a) A hospital to submit information regarding a performance,
quality, or service measure for which the hospital does not
provide the service;
(b) A children's hospital to report a performance, quality,
or service measure for patients eighteen years of age or older.
(B)(1) The rules for submission of information under section
3727.33 of the Revised Code shall include rules specifying the
inpatient and outpatient service measures to be used by hospitals
in submitting the information. The rules may include any of the
measures recommended by the group of experts convened under
section 3727.32 of the Revised Code and shall include measures
from the following:
(a) Hospital quality measures publicly reported by the
centers for medicare and medicaid services;
(b) Hospital quality measures publicly reported by the joint
commission;
(c) Measures that examine volume of cases, adjusted length of
stay, complications, infections, or mortality rates and are
developed by the agency for health care research and quality;
(d) Measures included in the national voluntary consensus
standards for hospital care endorsed by the national quality
forum.
(2) In adopting rules specifying the measures to be used by
hospitals in submitting the information, the director shall
consider both of the following:
(a) Whether hospitals have a sufficient caseload to make a
particular measure a reliable indicator of their ability to treat
a diagnosis or perform a procedure in a quality manner;
(b) Whether there are any excessive administrative or
financial implications associated with the reporting of
information by hospitals regarding their performance in meeting a
particular measure.
Sec. 3727.45. The director of health may apply to the court
of common pleas of the county in which a hospital is located for a
temporary or permanent injunction restraining the hospital from
failure to comply with sections 3727.33, 3727.34, and 3727.42 of
the Revised Code.
Section 2. That existing sections 3727.35, 3727.36, 3727.37,
3727.38, 3727.39, 3727.40, 3727.41, and 3727.45 and sections
3727.31, 3727.311, 3727.312, 3727.313, 3727.32, 3727.321, 3727.33,
and 3727.331 of the Revised Code are hereby repealed.
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