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An
Act Relating to Patient Safety
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 216B IS
CREATED TO READ AS FOLLOWS:
All health care facilities and services licensed under this chapter,
with the exception of personal care homes, family care homes, and
boarding homes, shall develop comprehensive quality assurance or
improvement standards adequate to identify, evaluate, and remedy
problems related to the quality of health care facilities and services.
These standards shall be made available upon request to the public
during regular business hours and shall include:
(1) An ongoing
written internal quality assurance or improvement program;
(2) Specific,
written guidelines for quality care studies and monitoring;
(3) Performance and
clinical outcomes-based criteria;
(4) Procedures for
remedial action to correct quality problems, including written
procedures for taking appropriate corrective action;
(5) A plan for data
gathering and assessment;
(6) A peer review
process; and
(7) A summary of
process outcomes and follow-up actions related to the overall quality
improvement program for the health care facility or service.
Current federal or state regulations which address quality assurance
SECTION 2. A NEW SECTION OF KRS CHAPTER 216B IS
CREATED TO READ AS FOLLOWS:
and quality improvement requirements for nursing facilities,
intermediate care facilities, and skilled care facilities shall suffice
for compliance with the standards in this section.
All health care facilities and services licensed under this chapter
shall include in their policies and procedures a care delivery model
based on patient needs which includes but is not limited to:
(1) Defined roles
and responsibilities of licensed and unlicensed health care personnel;
(2) A staffing plan
that specifies staffing levels of licensed and unlicensed personnel
required to safely and consistently meet
the performance and clinical outcomes-based standards as outlined in the
facility’s or service’s quality improvement plan;
(3) A staffing model
that is developed and implemented in an interdisciplinary and
collaborative manner;
(4) A policy and
method that incorporates at least four (4) components in an ongoing
assessment done by the registered nurse of the severity of the patient’s
disease, patient condition, level of impairment or disability, and the
specific unit patient census to meet the needs of the individual patient
in a timely manner; and
(5) A
staffing model that supports the delivery of patient care services
with an appropriate mix of licensed health care personnel that will
allow them to practice according to their legal scope of practice,
and for nurses, the professional standards of practice referenced in KRS Chapter 314, and facility and service policies.
SECTION 3. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO READ AS
FOLLOWS:
If a nursing facility, intermediate care facility, or skilled care
facility meets the most current state or federal regulations which
address safe and consistent staffing levels of licensed and unlicensed
personnel, those shall suffice for compliance with the standards in this
section.
(1) Any agent or
employee of a health care facility or service licensed under this
chapter who knows or has reasonable cause to believe that the quality of
care of a patient, patient safety, or the health care facility’s or
service’s safety is in jeopardy shall make an oral or written report of
the problem to the health care facility or service, and may make it to
any appropriate private, public, state, or federal agency.
(2) Any individual
in an administrative or supervisory capacity at the health care facility
or service who receives a report under subsection (1) of this section
shall investigate the problem, take appropriate action, and provide a
response to the individual reporting the problem within seven (7)
working days.
(3) No health care facility or service licensed under this chapter
shall by policy, contract, procedure, or other formal or informal means
subject to reprisal, or directly or indirectly use, or threaten to use,
any authority or influence, in any manner whatsoever, which tends to
discourage, restrain, suppress, dissuade, deter, prevent, interfere
with, coerce, or discriminate against any agent or employee who in good
faith reports, discloses, divulges, or otherwise brings to the attention
of the health care facility or service the circumstances or facts to
form the basis of a report under subsection (1) or (2) of this section.
No health care facility or service shall require any agent or employee
to give notice prior to making a report, disclosure, or divulgence under
subsections (1) or (2) of this section.
(4) All reports,
investigations, and action taken subject to this chapter shall be
conducted in a manner that protects and maintains the confidentiality of
patients and personnel and preserves the integrity of data, information,
and medical records.
(5) All health care
facilities and services licensed under this chapter shall, as a
condition of licensure, abide by the terms of Section 1 of this Act and
this section.
(6) No agent or employee of a
health
care facility or service shall file a report under subsection (1) or (2)
of this section in bad faith and shall have a reasonable basis for
filing a report.
SECTION 4. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO READ AS
FOLLOWS:
(1) All health care
facilities and services licensed under this chapter shall require all
persons, including students, who examine, observe, or treat a patient or
resident of the health care facility or service to wear identification
which readily identifies, at a minimum, the person’s first name,
licensure credential, and position title or department.
(2) The identification shall be of a size and type and appropriately
displayed so that it may be easily detected and read.
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