§ 23-17.21-7. Requirements for patient safety organizations.
(a) PSO shall be certified by the department before entering into a contract with a reporting
entity.
(b) A PSO shall provide guidance to reporting entities on reporting matters, and shall
maintain all reports and associated documents as confidential and privileged, including
any reports or information with identifiable information.
(c) A PSO shall, as appropriate, disseminate to health care providers and facilities,
the department, the quality of care advisory committee, and the public, information
Free access — add to your briefcase to read the full text and ask questions with AI
§ 23-17.21-7. Requirements for patient safety organizations.
(a) PSO shall be certified by the department before entering into a contract with a reporting
entity.
(b) A PSO shall provide guidance to reporting entities on reporting matters, and shall
maintain all reports and associated documents as confidential and privileged, including
any reports or information with identifiable information.
(c) A PSO shall, as appropriate, disseminate to health care providers and facilities,
the department, the quality of care advisory committee, and the public, information
or recommendations, including suggested policies, procedures or protocols, on best
medical practices or potential system changes designed to improve patient safety and
the overall quality of care. Notwithstanding the foregoing, the PSO shall not disclose
identifiable patient safety work product to the department, the quality of care advisory
committee, or the public.
(d) A PSO shall have in place appropriate safeguards and security measures to ensure the
technical integrity, physical safety, and confidentiality of any patient safety work
product. As provided for in § 23-17.21-8, patient safety work product shall be confidential, and shall not be subject to any
discovery, access or use by any person or entity other than the PSO and the reporting
entity with which the PSO has contracted. Nothing in this chapter shall be construed
to prohibit a PSO from choosing to disclose patient safety work product, or portions
of patient safety work product solely to a reporting entity, in conformity with the
PSO's mission and within its contractual obligations to the reporting entity submitted
the information. No patient safety organization may release protected health information
or patient identifying information without meeting the requirements of state laws
and the federal Health Insurance Portability and Accountability Act of 1996 as amended
from time to time.
(e) The PSO shall adopt appropriate physical, technical and procedural safeguards to ensure
the privacy and security of the patient safety work product. Such safeguards shall
comply with the state and federal confidentiality laws including, without limitation,
the Health Insurance Portability and Accountability Act of 1996 and its implementing
regulations (45 C.F.R. Parts 160-164).