what entities is mandated to provide a report on the status of patient safety to congress each year

by Tara Larson 4 min read

Patient Safety and Quality Improvement Act of 2005 …

28 hours ago 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. To encourage the reporting and analysis of medical errors, PSQIA provides Federal privilege and confidentiality protections for patient safety information, called … >> Go To The Portal


What are the laws and regulations related to patient safety?

Forensic medicine aspect Laws and regulations related to patient safety, which may vary based on the legislation system of each country, should encourage the disclosure of medical errors while supporting the implementation of the ethical imperatives of patient safety.

Who is responsible for the patient safety database format?

AHRQ lists patient safety organizations pursuant to section 924 of PSQIA and has responsibility for common formats and network of patient safety databases pursuant to section 923. Learn more about the Patient Safety Rule and read the regulations.

How to encourage voluntary reporting of incidents of patient safety?

Furthermore, the provision of emotional support and legal protection of the staffs by the organization is essential to encourage voluntary reporting of incidents. Moreover, training and emphasizing on the professional code of ethics can be effective on deepening the understanding of and belief in the moral foundations of patient safety.

Can health care providers aggregate patient safety event data?

However, health care providers and PSOs may aggregate patient safety event information on a voluntary basis, and AHRQ will establish a network of patient safety databases that can receive and aggregate nonidentifiable data that are submitted voluntarily.

Which entity is mandated to provide a report on the status of patient safety to Congress each year?

Congress vested the authority for implementing the Patient Safety Act with AHRQ by incorporating its provisions into AHRQ's authorizing statute. As the lead Federal agency for patient safety research, AHRQ is an appropriate partner for PSOs and healthcare providers.

WHO reports patient safety to Congress?

Final Report to Congress To Improve Patient Safety Outlines Strategies To Speed Progress. A final report (PDF, 1.16 MB) on strategies to improve patient safety and reduce medical errors has been delivered to Congress by the U.S. Department of Health and Human Services in consultation with AHRQ.

Who enforces patient safety?

OCR enforces these confidentiality protections. AHRQ lists patient safety organizations pursuant to section 924 of PSQIA and has responsibility for common formats and network of patient safety databases pursuant to section 923. Learn more about the Patient Safety Rule and read the regulations.

What agencies provide regulatory guidance related to safety and quality for patients and staff?

AGENCY: Agency for Healthcare Research and Quality (AHRQ), Office for Civil Rights (OCR), Department of Health and Human Services (HHS).

What is a federal patient safety organization?

The Patient Safety Organization (PSO) program established federally recognized PSOs to work with health care providers to improve the safety and quality of patient care. The program also creates the first and only comprehensive, nationwide patient safety reporting and learning system in the United States.

What reports are encouraged as a result of the Patient Safety and Quality Improvement Act?

What reports are encourage as a result of the patient safety and quality improvement act? near misses, unsafe conditions, adverse events, events the threaten patient safety.

Who is responsible for patient safety quizlet?

The nurse has the professional responsibility to be engaged in the activities that support a patient-centered safety culture.

How many patient safety organizations are there?

A healthcare provider can only obtain the confidentiality and privilege protections of the Patient Safety Act by working with a Federally-listed PSO. Use the categories on the left to filter the list of PSOs or search a PSO name. There are 96 total PSOs listed by AHRQ.

Which US Department oversees the Health Care Quality Improvement Act?

The Agency for Healthcare Research and Quality (AHRQ) is the federal agency charged with implementation of the Act.

Which organizations deal with safety and health issues related to the healthcare industry?

U.S. Department of Health and Human Services (DHHS), National Institute for Occupational Safety and Health (NIOSH) Publication Number 2015-115, (October 2021). NIOSH/OSHA/CDC Toolkit.

What organizations are leading the charge for patient safety?

The Agency for Healthcare Research and Quality (AHRQ) is the lead federal agency charged with improving the quality and safety of America's health-care system.

Which created patient safety organizations PSOs to collect aggregate and analyze confidential information reported by health care providers?

The Patient Safety and Quality Improvement Act signifies the Federal Government's commitment to fostering a culture of patient safety. It creates Patient Safety Organizations (PSOs) to collect, aggregate, and analyze confidential information reported by health care providers.

What is the nurses role in patient safety?

From a patient safety perspective, a nurse's role includes monitoring patients for clinical deterioration, detecting errors and near misses, understanding care processes and weaknesses inherent in some systems, identifying and communicating changes in patient condition, and performing countless other tasks to ensure ...

Who is patient safety?

WHO Patients for Patients Safety (PFPS) is a programme of WHO Flagship Initiative “A Decade of Patient Safety 2021-2030” that engages and empowers patients and families and facilitates their partnership with health professionals and policy-makers to make health care services safer worldwide.

How do you ensure patient safety?

5 Factors that can help improve patient safety in hospitalsUse monitoring technology. ... Make sure patients understand their treatment. ... Verify all medical procedures. ... Follow proper handwashing procedures. ... Promote a team atmosphere.

What is patient safety in nursing?

What is Patient Safety? Patient Safety is a health care discipline that emerged with the evolving complexity in health care systems and the resulting rise of patient harm in health care facilities. It aims to prevent and reduce risks, errors and harm that occur to patients during provision of health care.

What is patient safety event reporting?

Patient safety event reporting systems are ubiquito us in hospitals and are a mainstay of efforts to detect patient safety events and quality problems. Incident reporting is frequently used as a general term for all voluntary patient safety event reporting systems, which rely on those involved in events to provide detailed information. Initial reports often come from the frontline personnel directly involved in an event or the actions leading up to it (e.g., the nurse, pharmacist, or physician caring for a patient when a medication error occurred), rather than management or patient safety professionals. Voluntary event reporting is therefore a passive form of surveillance for near misses or unsafe conditions, in contrast to more active methods of surveillance such as direct observation of providers or chart review using trigger tools. The Patient Safety Primer Detection of Safety Hazards provides a detailed discussion of other methods of identifying errors and latent safety problems.

What is the Patient Safety and Quality Improvement Act?

The legislation provides confidentiality and privilege protections for patient safety information when health care providers work with new expert entities known as Patient Safety Organizations (PSOs). Health care providers may choose to work with a PSO and specify the scope and volume of patient safety information to share with a PSO. Because health care providers can set limits on the ability of PSOs to use and share their information, this system does not follow the pattern of traditional voluntary reporting systems. However, health care providers and PSOs may aggregate patient safety event information on a voluntary basis, and AHRQ will establish a network of patient safety databases that can receive and aggregate nonidentifiable data that are submitted voluntarily. AHRQ has also developed Common Formats —standardized definitions and reporting formats for patient safety events—in order to facilitate aggregation of patient safety information. Since their initial release in 2009, the Common Formats have been updated and expanded to cover a broad range of safety events.

What is AHRQ common format?

AHRQ has also developed Common Formats —standardized definitions and reporting formats for patient safety events— in order to facilitate aggregation of patient safety information. Since their initial release in 2009, the Common Formats have been updated and expanded to cover a broad range of safety events.

How is event reporting used in health care?

A 2016 article contrasted event reporting in health care with event reporting in other high-risk industries (such as aviation), pointing out that event reporting systems in health care have placed too much emphasis on collecting reports instead of learning from the events that have been reported. Event reporting systems are best used as a way of identifying issues that require further, more detailed investigation. While event reporting utilization can be a marker of a positive safety culture within an organization, organizations should resist the temptation to encourage event reporting without a concrete plan for following up on reported events. A PSNet perspective described a framework for incorporating voluntary event reports into a cohesive plan for improving safety. The framework emphasizes analysis of the events and documenting process improvements arising from event analysis, rather than encouraging event reporting for its own sake.

Why are event reports limited?

The spectrum of reported events is limited, in part due to the fact that physicians generally do not utilize voluntary event reporting systems.

Is there a voluntary event reporting system?

Voluntary event reporting systems need not be confined to a single hospital or organization. The United Kingdom's National Patient Safety Agency maintains the National Reporting and Learning System, a nationwide voluntary event reporting system, and the MEDMARX voluntary medication error reporting system in the U.S.

Who enforces the Patient Safety Act?

The Act is enforced by the Secretary of Health and Human Services. PSWP may be disclosed to (and the Secretary may require disclosure of PSWP) to investigate or determine compliance with the Patient Safety Act or with HIPAA.

What is the Patient Safety and Quality Improvement Act?

Patient Safety and Quality Improvement Act of 2005. A bill to amend title IX of the Public Health Service Act to provide for the improvement of patient safety and to reduce the incidence of events that adversely effect patient safety. 42 U.S.C. ch. 6A, subch.

What is PSWP disclosure?

Patient Safety Activities — PSWP may be disclosed: Between the Provider and the PSO — i.e.: From the provider to the PSO, for Patient Safety Activities, and. From the PSO to the disclosing provider, for Patient Safety Activities. To a contractor of a Provider or a PSO. For contracted Patient Safety Activities.

What is the context of the passage of the Act?

Context for the passage of the Act. The Notice of proposed rulemaking for this law describes the reason Congress passed it. Much of the impetus for this legislation can be traced to the publication of the landmark report, " To Err is Human ", by the Institute of Medicine in 1999 (Report). The Report cited studies that found ...

How many ayes and nayes did the House of Representatives vote on in 2005?

It passed in the Senate July 21, 2005 by unanimous consent, and passed the House of Representatives on July 27, 2005 with 428 Ayes, 3 Nays, and 2 Present/Not Voting.

How can mistakes be prevented?

Thus, the Report recommended mistakes can best be prevented by designing the health care system at all levels to improve safety— making it harder to do something wrong and easier to do something right. As compared to other high-risk industries, the health care system is behind in its attention to ensuring basic safety.

Can a patient safety work product be disclosed?

Patient Safety Work Product must not be disclosed, except in very specific circumstances and subject to very specific restrictions. Note: the Patient Safety Activities Exception is the most common one that providers and PSOs will be working with. Permitted Disclosures. Patient Safety Activities — PSWP may be disclosed:

When did WHO start working on patient safety?

WHO's work on patient safety began with the launch of the World Alliance for Patient Safety in 2004 and this work has continued to evolve over time. WHO has facilitated improvements in the safety of health care within Member States through establishment of Global Patient Safety Challenges.

What is patient safety?

Patient Safety is a health care discipline that emerged with the evolving complexity in health care systems and the resulting rise of patient harm in health care facilities. It aims to prevent and reduce risks, errors and harm that occur to patients during provision of health care.

What is the WHO patient safety and risk management unit?

The Patient Safety and Risk Management unit at WHO has been instrumental in advancing and shaping the patient safety agenda globally by focusing on driving improvements in some key strategic areas through:

Why is patient safety important?

Patient safety is fundamental to delivering quality essential health services. Indeed, there is a clear consensus that quality health services across the world should be effective, safe and people-centred. In addition, to realize the benefits of quality health care, health services must be timely, equitable, integrated and efficient.

When is World Patient Safety Day?

Recognizing that Patient Safety is a global health priority, the World Health Assembly (WHA) adopted a resolution on Patient Safety which endorsed the establishment of World Patient Safety Day to be observed annually by Member States on 17 September.

Who must report a suspected medical device related death?

User facilities must report a suspected medical device-related death to both the FDA and the manufacturer. User facilities must report a medical device-related serious injury to the manufacturer, or to the FDA if the medical device manufacturer is unknown.

When do manufacturers have to report to FDA?

Manufacturers: Manufacturers are required to report to the FDA when they learn that any of their devices may have caused or contributed to a death or serious injury. (Key terms are defined in 21 CFR 803.3 .) Instructions are available for completing the required 3500A form.

What is the MDR requirement?

The Medical Device Reporting (MDR) regulation ( 21 CFR Part 803) contains mandatory requirements for manufacturers, importers, and device user facilities to report certain device-related adverse events and product problems to the FDA. The regulation specified that reports be filed on the FDA's Medwatch Form 3500A or an electronic equivalent. The FDA published a final rule on Feb. 14, 2014, requiring manufacturers and importers to submit MDRs to the FDA in an electronic format that the FDA can process, review, and archive. This rule will be effective as of Aug.14, 2015.

Why are MDR files linked to complaint files?

Complaint files are linked to MDR event files because a complaint must be evaluated to determine if it is a reportable adverse event. A complaint is any written, electronic, or oral communication that alleges deficiencies related to the identity, quality, durability, reliability, safety, effectiveness, or performance of a device after it is released for distribution. Manufacturers and importers are required to maintain complaint files and establish and maintain procedures for receiving, reviewing, and evaluating complaints. Importers are also subject to complaint files because "initial distributors of foreign entities" fall under the definition of a manufacturer in 21 CFR 820.3.

When did the FDA finalize the 3500A?

The regulation specified that reports be filed on the FDA's Medwatch Form 3500A or an electronic equivalent. The FDA published a final rule on Feb. 14, 2014, requiring manufacturers and importers to submit MDRs to the FDA in an electronic format that the FDA can process, review, and archive. This rule will be effective as of Aug.14, 2015.

Does 803.30 require a device to be reported?

Please note that 803.30 (which addresses User Facility Reporting Requirements) does NOT state that device user facilities are required to report device malfunctions where the malfunction would likely cause or contribute to death or serious injury if the malfunction were to recur.

When was the report "Man is fallible" released?

The Institute of Medicine (IOM) released a report in 1999 entitled "Man is fallible: create a safe health system" in relation to the incidence of medical errors in United States, and consequently, initiated widespread international change in the field of patient safety (2).

Is patient safety a threat?

Despite increased attention toward the quality of health care services, there are still numerous threats to patient safety in healthcare settings. Since patient safety is multidimensional and grounded in ethical and legal imperatives, both ethical and legal challenges should be taken into account.

Who enforces HIPAA rules?

The HHS Office for Civil Rights enforces HIPAA rules, and all complaints should be reported to that office. HIPAA violations may result in civil monetary or criminal penalties. For more information, visit the Department of Health and Human Services HIPAA website. external icon.

What is the HIPAA rule?

HIPAA Security Rule. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued ...

What is the HIPAA Privacy Rule?

The Privacy Rule standards address the use and disclosure of individuals’ health information (known as “protected health information”) by entities subject to the Privacy Rule. These individuals and organizations are called “covered entities.”. The Privacy Rule also contains standards for individuals’ rights to understand ...

What are the types of entities that are covered by HIPAA?

The following types of individuals and organizations are subject to the Privacy Rule and considered covered entities: 1 Healthcare providers: Every healthcare provider, regardless of size of practice, who electronically transmits health information in connection with certain transactions. These transactions include claims, benefit eligibility inquiries, referral authorization requests, and other transactions for which HHS has established standards under the HIPAA Transactions Rule. 2 Health plans: Entities that provide or pay the cost of medical care. Health plans include health, dental, vision, and prescription drug insurers; health maintenance organizations (HMOs); Medicare, Medicaid, Medicare+Choice, and Medicare supplement insurers; and long-term care insurers (excluding nursing home fixed-indemnity policies). Health plans also include employer-sponsored group health plans, government- and church-sponsored health plans, and multi-employer health plans.#N#Exception: A group health plan with fewer than 50 participants that is administered solely by the employer that established and maintains the plan is not a covered entity. 3 Healthcare clearinghouses: Entities that process nonstandard information they receive from another entity into a standard (i.e., standard format or data content), or vice versa. In most instances, healthcare clearinghouses will receive individually identifiable health information only when they are providing these processing services to a health plan or healthcare provider as a business associate. 4 Business associates: A person or organization (other than a member of a covered entity’s workforce) using or disclosing individually identifiable health information to perform or provide functions, activities, or services for a covered entity. These functions, activities, or services include claims processing, data analysis, utilization review, and billing.

What are covered entities?

The following types of individuals and organizations are subject to the Privacy Rule and considered covered entities: Healthcare providers: Every healthcare provider, regardless of size of practice, who electronically transmits health information in connection with certain transactions.

Can a covered entity disclose health information without an individual's authorization?

A covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations: Disclosure to the individual (if the information is required for access or accounting of disclosures, the entity MUST disclose to the individual) ...

Does HIPAA apply to PHI?

The Security Rule does not apply to PHI transmitted orally or in writing. To comply with the HIPAA Security Rule, all covered entities must do the following: Ensure the confidentiality, integrity, and availability of all electronic protected health information.

What is the Nurse Staffing Standards for Patient Safety and Quality Care Act of 2017?

This bill amends the Public Health Service Act to require hospitals to implement and submit to the Department of Health and Human Services (HHS) a staffing plan that complies with specified minimum nurse-to-patient ratios by unit. Hospitals must post a notice regarding ...

Can a hospital take action against a nurse?

Hospitals may not: (1) take specified actions against a nurse based on the nurse's refusal to accept an assignment for such a reason; or (2) discriminate against individuals for good faith complaints relating to the care, services, or conditions of the hospital or related facilities.

Who must report under Section 111?

Who Must Report. A GHP organization that must report under Section 111 is an entity serving as an insurer or third party administrator (TPA) for a group health plan. In the case of a group health plan that is self-insured and self-administered, this would be the plan administrator or fiduciary. These organizations are referred to as Section 111 GHP ...

What is mandatory insurance reporting?

Mandatory Insurer Reporting for Group Health Plans (GHP ) Section 111 of the Medicare , Medicaid, and SCHIP Extension Act of 2007 (MMSEA) added mandatory reporting requirements with respect to Medicare beneficiaries who have coverage under group health plan (GHP) arrangements as well as for Medicare beneficiaries who receive settlements , judgments, ...

What is a Section 111 MSP response file?

Through this process, a monthly file will be sent to the participating RRE to notify them whenever another entity changes or deletes MSP information previously submitted by them . The file will contain information about the RRE’s prior submission and information regarding the data modifications that were applied, the reason for the change, and the source of the new information. While receipt of this file is optional, GHP RREs are encouraged to consider participation since it improves the overall accuracy of MSP information used and stored by Medicare, RREs, and employer GHP sponsors. More information on the benefits of the Unsolicited Response File and how to enroll in this process can be found in the GHP User Guide.

What is the purpose of 111 reporting?

The purpose of Section 111 reporting is to enable Medicare to correctly pay for the health insurance benefits of Medicare beneficiaries by determining primary versus secondary payer responsibility. Section 111 authorizes CMS and GHP RREs to electronically exchange health insurance benefit entitlement information.

What is GHP reporting?

GHP reporting is done on a quarterly basis in an electronic format. The Section 111 statutory language, Paperwork Reduction Act Federal Register Notice, and Supporting Statement can be found in the Downloads section below.

What is a RRE 111?

Section 111 RREs are required to register for Section 111 reporting and fully test the data exchange before submitting production files. The registration process provides notification to CMS of the RRE’s intent to report data to comply with the requirements of Section 111.

Background

Characteristics of Incident Reporting Systems

  • An effective event reporting system should have four key attributes: While traditional event reporting systems have been paper based, technological enhancements have allowed the development of Web-based systems and systems that can receive information from electronic medical records. Specialized systems have also been developed for specific settings, such as th…
See more on psnet.ahrq.gov

Limitations of Event Reporting

  • The limitations of voluntary event reporting systems have been well documented. Event reports are subject to selection bias due to their voluntary nature. Compared with medical record review and direct observation, event reports capture only a fraction of events and may not reliably identify serious events. The spectrum of reported events is limited, in part due to the fact that ph…
See more on psnet.ahrq.gov

Using Event Reports to Improve Safety

  • A 2016 article contrasted event reporting in health care with event reporting in other high-risk industries (such as aviation), pointing out that event reporting systems in health care have placed too much emphasis on collecting reports instead of learning from the events that have been reported. Event reporting systems are best used as a way of identifying issues that require furth…
See more on psnet.ahrq.gov

Current Context

  • At the national level, regulations implementing the Patient Safety and Quality Improvement Act became effective on January 19, 2009. The legislation provides confidentiality and privilege protections for patient safety information when health care providers work with new expert entities known as Patient Safety Organizations (PSOs). Health care prov...
See more on psnet.ahrq.gov

Mandatory Medical Device Reporting

  • The Medical Device Reporting (MDR) regulation (21 CFR Part 803) contains mandatory requirements for manufacturers, importers, and device user facilities to report certain device-related adverse events and product problems to the FDA. The regulation specified that reports be filed on the FDA's Medwatch Form 3500A or an electronic equivalent. The FDA...
See more on fda.gov

Summary of Mandatory Reporting Requirements For Manufacturers and Importers

  • * Or electronic equivalent Device User Facility Reporting Requirements A “device user facility” is a hospital, ambulatory surgical facility, nursing home, outpatient diagnostic facility, or outpatient treatment facility, which is not a physician’s office. User facilities must report a suspected medical device-related death to both the FDA and the manufacturer. User facilities must report a medica…
See more on fda.gov

Complaint Files and Medical Device Reporting

  • Complaint files are linked to MDR event files because a complaint must be evaluated to determine if it is a reportable adverse event. A complaintis any written, electronic, or oral communication that alleges deficiencies related to the identity, quality, durability, reliability, safety, effectiveness, or performance of a device after it is released for distribution. Manufacturers and importers are …
See more on fda.gov

Electronic Medical Device Reporting

  • More information on how to submit MDRs electronically is available on the eMDR website. 1. Guidance for Industry, User Facilities and FDA Staff: eMDR - Electronic Medical Device Reporting 2. Final Rule on Electronic Medical Device Reporting (eMDR)
See more on fda.gov

Other Resources