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Introduced Version Senate Bill 510 History

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sb510 intr
Senate Bill No. 510

(By Senators Hunter and Foster)

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[Introduced March 10, 2005; referred to the Committee

on Health and Human Resources.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-3D-1 , §16-3D-2, §16-3D-3 , §16-3D-4 and §16-3D-5 , all relating to voluntary control and prevention of infections in hospitals, ambulatory surgical centers and other health care facilities generally; setting forth legislative findings and purposes; defining certain terms; providing for the appointment of an Infection Control Advisory Panel; and providing for the responsibilities and functions of the Advisory Panel.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated
§16-3D-1 , §16-3D-2, §16-3D-3 , §16-3D-4 and §16-3D-5 , all to read as follows:
ARTICLE 3D. GOVERNOR'S ADVISORY COMMITTEE ON CONTROL AND PREVENTION OF INFECTIONS IN HOSPITALS, AMBULATORY SURGICAL CENTERS AND OTHER HEALTH CARE FACILITIES.

§16-3D-1. Legislative findings; purpose.
The Legislature finds that h
ospital-acquired infections affect approximately two million persons annually in the United States. The Institute of Medicine reports that preventable adverse patient events, including hospital-acquired infections, are responsible for more than forty-four thousand deaths annually. To ensure that hospital-acquired infections in this state are monitored and prevented, it is necessary to develop a voluntary program within the West Virginia Bureau of Public Health to monitor and prevent the incidence of infections acquired in hospitals and other similar health care facilities in this state.
Therefore, it is essential to the health and well-being of the citizens of this state, that hospitals and other similar health care facilities participate in reporting infection incidence rates in order to guide prevention efforts.

The purpose of this article is to decrease the incidence of infection within health care facilities in this state.
§16-3D-2. Citation of article.
This article shall be known and may be cited as the "West Virginia Infection Control Act of 2005."
§16-3D-3. Definitions.
As used in this section, the following terms have the following meanings:
(1) "Advisory panel," the infection control advisory panel created by section five of this article.
(2) "Antibiogram," a record of the resistance of microbes to various antibiotics;
(3) "Antimicrobial," the ability of an agent to destroy or prevent the development of pathogenic action of a microorganism;
(4) "Bureau of Public Health", the Bureau of Public Health.
(5) "Charge data," information submitted by health care providers on current charges for leading procedures and diagnoses;
(6) "Charges by payer," information submitted by hospitals on amount billed to Medicare, Medicaid, other government sources and all nongovernment sources combined as one data element;
(7) "Bureau of Public Health," the Bureau of Public Health;
(8) "Financial data," information submitted by hospitals drawn from financial statements which includes the balance sheet, income statement, charity care and bad debt and charges by payer, prepared in accordance with generally accepted accounting principles;
(9) "Health care provider," hospitals and ambulatory surgical centers;
(10) "Nosocomial infection," as defined by the National Centers for Disease Control and Prevention and applied to infections within hospitals, ambulatory surgical centers, and other facilities;
(11) "Nosocomial infection incidence rate," a risk-adjusted measurement of new cases of nosocomial infections by procedure or device within a population over a given period of time, with such measurements defined by rule of the Bureau of Public Health for use by all hospitals, ambulatory surgical centers, and other facilities in complying with the requirements of the West Virginia Nosocomial Infection Control Act of 2005;
(12) "Other facility," a type of facility determined to be a source of infections and designated by rule of the Bureau of Public Health.
(13) "Patient abstract data," data submitted by hospitals which includes, but is not limited to, date of birth, sex, race, zip code, county of residence, admission date, discharge date, principal and other diagnoses, including external causes, principal and other procedures, procedure dates, total billed charges, disposition of the patient and expected source of payment with sources categorized according to Medicare, Medicaid, other government, workers' compensation, all commercial payors coded with a common code, self-pay, no charge and other.

§16-3D-4.
Infection Control Advisory Panel (ICAP).
Within three months of the effective date of this article, the Governor shall appoint the members of the Infection Control Advisory Panel (ICAP) who shall serve at the will and pleasure of the Governor and shall include:
(1) One public member;
(2) Two board-certified or board-eligible licensed physicians who are affiliated with a West Virginia hospital or medical school, active members of the Society for Health Care Epidemiology of America, and have demonstrated interest and expertise in health facility infection control;
(3) One licensed physician who is active in the practice of medicine in West Virginia and who holds medical staff privileges at a West Virginia hospital;
(4) Three infection control practitioners certified by the Certification Board of Infection Control and Epidemiology, at least two of whom shall be practicing in a rural hospital or setting and at least two of whom shall be licensed registered professional nurses.
(5) A medical statistician with an advanced degree in the specialty; and
(6) A clinical microbiologist with an advanced degree in the specialty;
(7) The Commissioner of the Bureau of Public Health who shall serve as the chair and ex officio nonvoting member of the panel. Except for the Commissioner, panel members shall be reimbursed from funds appropriated to the Bureau of Public Health for their reasonable expenses and fees as required for the performance of their duties.
§16-3D-5. Infection Control Advisory Panel to develop criteria for implementation of voluntary reporting.

Not later than the fifteenth day of October, two thousand five, and at least monthly thereafter, the Infection Control Advisory Panel (ICAP) shall meet in offices provided by the Commissioner of the Bureau of Public Health for the purposes of organizing and developing a voluntary infection control system to decrease the incidence of infection within health care facilities in this state.
In order to develop the voluntary infection control system, ICAP shall:
(1) Identify those health care facilities willing to voluntarily participate in reporting of the incidence of infection;
(2) Propose procedures and policies for implementing a voluntary infection reporting program that includes the terms defined in section three of this article and including policies and procedures to protect confidentiality of patient and facility privacy and prohibiting use of information for any other purpose;
(3) Pursue the recommendations of the Center For Disease Control to reduce the incidence of health facility infections; and,
(4) Recommend legislation to the Governor and the Legislature as may be needed to implement the provisions of this article. In order to carry out its responsibilities, ICAP may call upon the Commissioner of the Division of Public Health and his or her designees to facilitate the development of information, coordinate meetings and conferences with affected health care providers, and provide the necessary staff support as may be required by ICAP. ICAP shall develop and provide a report to the Governor and the Legislature, along with proposed legislation, to implement the provisions of this article, on the first day of the regular session of the Legislature in two thousand six, and every year thereafter, detailing the progress being made to reduce the incidence of infection in health care facilities in this state.



NOTE: The purpose of this bill is to establish a
voluntary program to control and prevent infections in hospitals, ambulatory surgical centers and other health care facilities in this state. The bill provides for the appointment of an infection control advisory panel and along with the Bureau of Public Health is responsible for developing and implementing the program.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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