mandate to report patient deaths after surgery center care maryland

by Sandrine Runolfsdottir III 4 min read

Surgery Centers Not Required to Report Serious Injuries …

32 hours ago  · At Arfaa Law Group, we are dedicated to protecting the rights of Maryland medical malpractice victims. A recent investigation conducted by the USA Today Network and Kaiser Health News found that 17 states have no mandate to report patient deaths after surgery center care. As such, no facility oversight authority has scrutinized whether the deaths were a … >> Go To The Portal


At Arfaa Law Group, we are dedicated to protecting the rights of Maryland medical malpractice victims. A recent investigation conducted by the USA Today Network and Kaiser Health News found that 17 states have no mandate to report patient deaths after surgery center care.

Full Answer

When does a hospital have to report a change to the board?

If the hospital made a "change" for a reason listed in the regulations, and if none of the exceptions apply, the change must be reported to the Board within ten days. The Board’s definition of "change" does not match our hospital’s terminology.

When do hospitals have to report serious adverse events?

In 2004, legislation was enacted that requires hospitals to report serious adverse events that cause death or serious injury. Serious injury is defined as a physical or mental impairment that substantially limits one or more of the major life activities of an individual and lasts more than seven days or is still present at the time of discharge.

What are the laws for mental health records in Maryland?

There are two Maryland laws (Health General Article 4-306, and the Family Law Article §5-711) pertaining to the disclosure of medical records, including mental health records to local departments of social services. (Health General Article, 4-306 went in effect July 1, 1991.

Does a hospital have to report if a physician is suspended?

In COMAR 10.32.22.03C, there is a list of common occurrences that do not have to be reported. If a physician fails to be vaccinated in time and is suspended for 15 days for that reason, must a hospital report this? No.

What is mandatory reporting law?

The mandatory reporting law, however, also is applicable to nursing homes and to any of the alternative health systems defined in §1-401 of the Health Occupations Article.

Do hospitals have to give privileges?

No. As of April 18, 2017, hospitals are no longer required to give the Board every six months a list of those who are employed by, have been granted privileges by or who have applied for privileges at the hospital.

Is mandatory reporting law applicable to nursing homes?

The mandatory reporting law, however, also is applicable to nursing homes and to any of the alternative health systems define d in §1-401 of the Health Occupations Article.

Can you report a suspension in a calendar year?

No. As long as the cumulative days of suspension imposed solely for the five reasons listed in COMAR 10.32.22.03C (7) do not exceed 30 in a calendar year, that suspension need not be reported.

Do you have to file a 10-day report?

Yes. The Mandated 10-Day Report Form is required. The new regulations explicitly define changes that must be reported to the Board within ten days of their occurrence and provide penalties for failing to do so.

Does COMAR cover other actions that may constitute a violation of the Act or other applicable laws?

Yes. COMAR 10.32.22.03B (15) covers other actions that "may constitute a violation" of the Act or other applicable laws. This wording is sometimes difficult to interpret. Thus, if the reason is not one of the 14 listed in COMAR 10.32.22.03B (1) to (14), reporting entities should contact Board staff to determine if the underlying reason for ...

When did Article 5-711 go into effect?

The Family Law Article 5-711 went in effect July 1, 1987). Health General Article 4-306 The law mandates that health care providers disclose information from medical records concerning any person (child or adult) who is being assessed as part of a protective services response or to whom services are being provided.

How long does it take to report child abuse?

Reporting form DHR/SSA 180 must be completed within 48 hours following the verbal report.

What information is required in an oral report?

Oral and written reports must contain: The name, age, and home address of the child; The name and home address of the child’s parent or party responsible for the child’s care; The whereabouts of the child; The nature and extent of the abuse or neglect of the child;

Incomplete reports are not limited to deaths

Understand, too, that this incomplete reporting is not limited to deaths. Per the USA TODAY investigation, “Medicare allows surgery centers to report data for as few as half of just their Medicare patients, ignoring most patients under age 65 who do not yet qualify for Medicare.

What can be done to protect surgical center patients?

The NIH study’s authors recommend penalties and rewards to incentivize centers to do better. Medicare can issue sanctions, too, for facilities with serious safety lapses.

Which states require incident reports?

Several other states – including Pennsylvania, Florida and New Jersey – require incident reports but don’t reveal to the public where they happened. In at least 17 states, health facility officials confirmed they have no way to know that a patient died because surgery centers have no duty to report.

When did Cascade Cosmetic Surgery Center lose certification?

Medicare pulled its certification from Cascade Cosmetic Surgery Center in Orem, Utah, on Dec. 28, 2014, after state inspectors said the center failed to meet basic standards mandated by federal regulations.

How did Ronald Smith die?

Ronald Smith, 63, died at a hospital after visiting Kanis for a colonoscopy. His family later alleged in a lawsuit that Smith’s sleep apnea and heart disease made him “extremely high risk” for undergoing anesthesia at the center, rather than at a hospital.

How old was the man who died after finger surgery?

So just as in Arkansas, surgery centers had no mandate to notify an official over cases outlined in lawsuits, including a 33-year-old Missouri man who died after finger surgery, a 66-year-old Georgia woman who died after an eye procedure or a 60-year-old in Oklahoma who died soon after a total hip replacement.

Does Medicare collect transfer data?

Medicare made a very different move in July, proposing to stop collecting surgery center-to-hospital transfer data and seven other measures of quality. The agency said it still plans to report on incidents gleaned from its own records, such as visits to the hospital seven days after certain surgery center procedures.

When did the first man die in Exit Full Screen?

Exit Full Screen. The first man died in April 2014. Another died later that month. Then, on July 18 of that year, a woman was rushed to a hospital where she was told she was lucky to be alive. They all went to the same Little Rock, Arkansas, surgery center for a colonoscopy, among the safest procedures a patient can have.

Can surgery centers report transfers?

In practice, that has allowed surgery centers to report as many hospital transfers as they choose – unless more than half of their patients leave by ambulance. Yet a person examining the data on the Medicare website would see no explanation about the limits of the information.

What are HAI's?

Healthcare-associated infections (HAI) are infections that patients acquire during the course of receiving medical treatment for other conditions. HAIs are a common complication affecting hospitalized patients, with about one in 25 hospital patients having an HAI at any time in the United States.

Reporting in Maryland

Acute care hospitals are required to report the following data through the Centers for Disease Control and Prevention’s (CDC) National Healthcare Safety Network (NHSN):

History

In 2006, the General Assembly amended the MHCC’s statute to give it authority to collect and report information on healthcare-associated infections in hospitals. HG 19-134 (e) (6). Certain information on HAI process measures are publicly reported for each Maryland acute care hospital on the Commission’s Maryland Hospital Guide.

Timeline for mandatory HAI reporting by Maryland Hospitals

Hospital enrollment in the CDC National Healthcare Safety Network (NHSN) system