1.1 	A bill for an act
1.2 	relating to health; requiring hospitals and outpatient
1.3 	surgical centers to report acquired infections;
1.4 	requiring the commissioner of health to report
1.5 	acquired infection rates and to establish an advisory
1.6 	committee; requiring rulemaking; amending Minnesota
1.7 	Statutes 2004, section 13.3806, by adding a
1.8 	subdivision; proposing coding for new law in Minnesota
1.9 	Statutes, chapter 144.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 13.3806, is
1.12 	amended by adding a subdivision to read:
1.13 		Subd. 14a.Acquired infections. Data collected by the
1.14 	commissioner of health in connection with reporting acquired
1.15 	infections in hospitals and outpatient surgical centers are
1.16 	classified under section 144.7071, subdivision 6.

1.17 	Sec. 2. [144.7071] REPORTING OF ACQUIRED INFECTIONS.
1.18 		Subdivision 1.Citation. This section may be cited as
1.19 	the Minnesota Acquired Infections Disclosure Act.
1.20 		Subd. 2.Definitions. (a) For purposes of this section,
1.21 	the following definitions apply.
1.22 	(b) "Acquired infection" means a localized or systemic
1.23 	condition that:
1.24 	(1) results from adverse reaction to the presence of an
1.25 	infectious agent or its toxin; and 
1.26 	(2) was not present or incubating at the time of admission
1.27 	to the facility.
2.1 	(c) "Commissioner" means the commissioner of health.
2.2 	(d) "Facility" means a hospital or outpatient surgical
2.3 	center licensed under sections 144.50 to 144.56.
2.4 		Subd. 3.Data collection. (a) Individual facilities must
2.5 	collect data on acquired infection rates for the following
2.6 	specific clinical procedures, in the form and manner specified
2.7 	by the commissioner:
2.8 	(1) surgical site infections;
2.9 	(2) ventilator-associated pneumonia;
2.10 	(3) central line-related bloodstream infections; and 
2.11 	(4) urinary tract infections.
2.12 	(b) The commissioner may, after consultation with the
2.13 	advisory committee established under subdivision 8, require
2.14 	facilities to collect data on acquired infection rates for
2.15 	additional categories.
2.16 	(c) In developing the methodology for collecting and
2.17 	analyzing the infection rate data, the commissioner must consult
2.18 	with the advisory committee and must consider, but is not
2.19 	required to adopt, existing methodologies and systems for data
2.20 	collection, such as the Centers for Disease Control's National
2.21 	Nosocomial Infection Surveillance Program, or its successor.
2.22 	The commissioner must disclose to the public the data collection
2.23 	and analysis methodology adopted, prior to public disclosure of
2.24 	acquired infection rates.
2.25 	(d) The commissioner, in consultation with the advisory
2.26 	committee, must regularly evaluate the quality and accuracy of
2.27 	the information submitted by facilities and the adequacy of the
2.28 	data collection, analysis, risk-adjustment, and dissemination
2.29 	methodologies.
2.30 	(e) The commissioner, in consultation with the advisory
2.31 	committee, may require facilities to collect and submit data in
2.32 	addition to that required under paragraphs (a) and (b), if
2.33 	necessary to implement paragraph (d) or to determine
2.34 	risk-adjusted acquired infection rates.
2.35 		Subd. 4.Report submittal. (a) Facilities must submit
2.36 	the acquired infection rate data collected under subdivision 3
3.1 	to the commissioner each quarter, in the form and manner
3.2 	specified by the commissioner.  Quarterly reports must be
3.3 	submitted to the commissioner by April 30, July 31, October 31,
3.4 	and January 31 each year for the previous quarter.  Data in
3.5 	quarterly reports must cover a period ending not earlier than
3.6 	one month prior to the required date of submission of the
3.7 	report.  Quarterly reports must be made available to the public
3.8 	at each facility and through the commissioner.  The first
3.9 	quarterly report is due April 30, 2006.
3.10 	(b) If any entity owns more than one facility, that entity
3.11 	must provide quarterly reports for each individual facility.
3.12 		Subd. 5.Reports by commissioner. (a) The commissioner
3.13 	must submit to the legislature, beginning December 1, 2006, and
3.14 	each December 1 thereafter, an annual report summarizing and
3.15 	analyzing the information received in facility quarterly
3.16 	reports.  The annual report must include the risk-adjusted
3.17 	acquired infection rates for each facility in the state, an
3.18 	analysis of the rates of acquired infections by geographic area
3.19 	and type of facility, and a comparison of rates of acquired
3.20 	infections over time.  The report may also include
3.21 	recommendations for policy and legislative changes necessary to
3.22 	reduce the rate of acquired infections or improve the process
3.23 	for reporting and analyzing rates of acquired infections.
3.24 	(b) The commissioner may submit quarterly reports to the
3.25 	legislature, summarizing the information submitted in the
3.26 	facility quarterly reports.
3.27 	(c) The commissioner must publicize the annual reports and
3.28 	quarterly reports and must provide copies of these documents to
3.29 	interested parties upon request.  The commissioner must also
3.30 	make the reports available on the agency Web site.
3.31 		Subd. 6.Privacy. (a) No facility report or disclosure
3.32 	by the commissioner may contain identifying information for any
3.33 	of the health care professionals, facility employees, or
3.34 	patients involved in connection with a specific infection
3.35 	incident.
3.36 	(b) Data collected as provided under subdivision 3,
4.1 	paragraph (e), are nonpublic and, to the extent they contain
4.2 	data on individuals, are confidential data on individuals, as
4.3 	defined in section 13.02.
4.4 		Subd. 7.Facility sanctions. If the commissioner
4.5 	determines that a facility is more than 30 days late in
4.6 	submitting a quarterly report or has otherwise failed to comply
4.7 	with the provisions of this section, the commissioner may:
4.8 	(1) impose a civil penalty of up to $1,000 per day for each
4.9 	day the facility is not in compliance; and 
4.10 	(2) suspend, revoke, refuse to renew, or place conditions
4.11 	on the license of the facility.
4.12 		Subd. 8.Advisory committee. (a) The commissioner must
4.13 	establish an advisory committee that includes representatives of
4.14 	public and private hospitals, including staff from hospital
4.15 	infection control departments; outpatient surgical centers;
4.16 	direct care nursing staff; physicians; epidemiologists and
4.17 	academic researchers with expertise in hospital-acquired
4.18 	infections; consumer organizations; health plan companies;
4.19 	organized labor; and employers and other health care
4.20 	purchasers.  A majority of the members of the advisory committee
4.21 	must represent organizations other than hospitals and outpatient
4.22 	surgical centers.
4.23 	(b) The advisory committee must assist the commissioner in
4.24 	the development of the methodology for collecting, analyzing,
4.25 	and disclosing the information on acquired infection rates and
4.26 	in evaluating the accuracy of the data on acquired infection
4.27 	rates submitted to the commissioner.
4.28 	(c) Notwithstanding section 15.059, the advisory committee
4.29 	does not expire.
4.30 		Subd. 9.Rulemaking. The commissioner must adopt rules
4.31 	to implement this section.