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Laws Pertaining to Healthcare-Associated Infections: A Review of 3 Legal Requirements

Published online by Cambridge University Press:  02 January 2015

Julie Reagan  and
Carl Hacker
Julie Reagan*
Affiliation:
HAI Focus, Edgewood, New Mexico
Carl Hacker
Affiliation:
School of Public Health, University of Texas Health Science Center at Houston, Texas
*
HAI Focus, 14 Cedar Ridge, Edgewood, NM 87015 ([email protected])
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Abstract

We reviewed US state and territorial healthcare-associated infection (HAI) laws, specifically addressing 3 legal requirements: data submission, reporting of data to the public, and inclusion of facility identifiers in public reports. The majority of US states and territories have HAI laws. The 3 studied legal provisions are all commonly included in state HAI laws in varying forms; however, only a minority of states and territories specifically mandate all 3 legal requirements. The laws of the remaining states vary considerably.

Infect Control Hosp Epidemiol 2012;33(1):75-80

Type
Review Article
Information
Infection Control & Hospital Epidemiology , Volume 33 , Issue 1 , January 2012 , pp. 75 - 80
Copyright
Copyright © The Society for Healthcare Epidemiology of America 2012

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References

1. Government Accountability Office (GAO). Health-Care-Associated Infections in Hospitals: An Overview of State Reporting Programs and Individual Hospital Initiatives to Reduce Certain Infections. GAO publication GAO-08-808. Washington, DC: US Government Printing Office, 2008.Google Scholar
2. Klevens, RM, Edwards, JR, Richards, CL, et al. Estimating health care-associated infections and deaths in U.S. hospitals, 2002. Public Health Rep 2007;122(2):160–166.Google Scholar
3. Association of State and Territorial Health Officials, Centers for Disease Control and Prevention. Eliminating Healthcare Associated Infections: State Policy Options. March 2011. http://www.cdc.gov/HAI/pdfs/toolkits/toolkit-HAI-POLICY-FINAL_03-2011.pdf. Accessed April 23, 2011.Google Scholar
4. National Conference of State Legislatures. Lessons from the Pioneers: Reporting Healthcare-Associated Infections. July 2010. http://www.ncsl.org/documents/health/haireport.pdf. Accessed April 22, 2011.Google Scholar
5. HAI Focus Web site. U.S. State and Territorial Healthcare-Associated Infection Laws. http://haifocus.com/us-state-and-territorial-healthcare-associated-infection-laws/. Accessed August 14, 2011.Google Scholar
6. Reagan, JK. The Movement toward Patient Safety: State Action Related to Reporting and Disclosure of Healthcare-Associated Infections [doctoral dissertation]. Published in Proquest/UMI (no. 3402084), 2010.Google Scholar
7. Mike Denton Infection Reporting Act, Ala Code §§ 22-11 A-110 to 22-11A-124 (LexisNexis, LEXIS through Acts 2011, no. 11–711).Google Scholar
8. Fla Stat §§ 408.05, 408.061, 408.063 (LexisNexis, LEXIS through Act 2011-141 of the 2011 Reg Sess).Google Scholar
9. Utah Admin Code §§ R386-705-1 to R386-705-101 (LEXIS as in effect on July 1, 2011).Google Scholar
10. Centers for Disease Control and Prevention. State-Based HAI Prevention Activities. http://www.cdc.gov/HAI/stateplans/HAIstatePlans-map.html. Accessed April 23, 2011.Google Scholar
11. Ala Code § 22-11A-114(a) (LexisNexis, LEXIS through Acts 2011, no. 11-711).Google Scholar
12. Ark Code Ann § 20-9-1203(a) (LEXIS through 2011 Reg Sess) (health facilities “shall collect data” on HAI rates); § 20-9-1203(b) (health facilities “may voluntarily submit quarterly reports” on HAI rates to the department of health).Google Scholar
13. N Mex Stat Ann § 24-29-4(A) (LexisNexis, LEXIS through 2nd Spec Sess of 49th Leg) (requires recruitment of hospitals to participate in HAI surveillance on voluntary basis); § 24-29-6(A) (participating hospitals shall report the incidence of selected indicators).Google Scholar
14. Burton, DC, Edwards, JR, Horan, TC, Jernigan, JA, Fridkin, SK. Methicillin-resistant Staphylococcus aureus central line–associated bloodstream infections in US intensive care units, 1997–2007. JAMA 2009;301(7):727–736.Google Scholar
15. Climo, MW. Decreasing MRSA infections: an end met by unclear means. JAMA 2009;301(7):772–773.Google Scholar
16. Centers for Disease Control and Prevention. First State-Specific Healthcare-Associated Infections Summary Data Report: CDC's National Healthcare Safety Network (NHSN)—January-June, 2009. May 2010. http://www.cdc.gov/hai/pdfs/stateplans/SIR_05_25_2010.pdf. Accessed April 22, 2011.Google Scholar
17. Conn Gen Stat § 19a-490o(c) (LEXIS through 2010 Leg, 2011 Supp).Google Scholar
18. N Mex Stat Ann § 24-29-6(B) (LexisNexis, LEXIS through 2nd Spec Sess of 49th Leg) (reports shall be published periodically).Google Scholar
19. Tex Health and Safety Code Ann § 98.106(b) (LEXIS through 2009 First-Called Sess).Google Scholar
20. Ark Code Ann § 20-9-1205(a)(l)(B) (LEXIS through 2011 Reg Sess) (“No health facility-identifiable data shall be included in the annual report, but aggregate statistical data may be included”); § 1205(f) (“No annual report or other department disclosure shall contain information that identifies or could be used to identify a specific health facility”).Google Scholar
21. DC Code Ann § 7-161(c)(8) (LexisNexis, LEXIS through May 13, 2011, and DC Act 18-724) (published annual report is to include summary data by “type of healthcare providers and medical facility”).Google Scholar
22. Nev Rev Stat Ann § 439.840(1)(d), (2) (LEXIS through 26th 2010 Spec Sess) (health division shall prepare annual summary of reports for inclusion on Web site; original reports received shall remain confidential).Google Scholar
23. Tenn Code Ann § 68-11-265 (LEXIS through 2010 Reg Sess) (reports and studies prepared by the department may identify individual healthcare entities).Google Scholar
24. Fla Stat § 408.063(2) (LexisNexis, LEXIS through Act 2011-141 of the 2011 Reg Sess) (information shall be published in a manner “which will enhance informed decisionmaking in the selection of health care providers, facilities, and services. Such publications may identify [certain aspects] for selection and use of health care providers, health care facilities, and health care services and such other information as the agency deems appropriate”).Google Scholar
25. N Mex Stat Ann § 24-29-6(B) (LexisNexis, LEXIS through 2nd Spec Sess of 49th Leg).Google Scholar