State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=ARHB12322009
Last Action:
02/23/2009 In House; Notification that HB1232 is now Act 198
Primary Synopsis:
Creates the long-term care quality improvement act.
Additional Bill Information:
February 20, 2009 Enacted Language-
SECTION 1. Arkansas Code Title 20, Chapter 10 is amended to add an additional subchapter to read as follows:
20-10-2201. PURPOSE — FINDINGS.
(A) THE PURPOSE OF THE QUALITY ASSURANCE COMMITTEE IN A LONG-TERM CARE FACILITY IS TO EVALUATE AND IMPROVE THE QUALITY OF HEALTH CARE RENDERED TO RESIDENTS OF THE FACILITY.
(B) THE GENERAL ASSEMBLY FINDS THAT:
(1) CONFIDENTIALITY OF QUALITY ASSURANCE COMMITTEE PROCEEDINGS AND RECORDS IS KEY TO IMPROVING THE QUALITY OF CARE IN LONG-TERM CARE FACILITIES BY PROMOTING THOROUGH AND CANDID DISCUSSIONS FOR A FULL REVIEW AND ANALYSIS OF CARE PROCESSES; AND
(2) THE WORK OF THE QUALITY ASSURANCE COMMITTEE IS AN ONGOING PROCESS IN WHICH INDIVIDUALS FROM VARIOUS DISCIPLINES MEET AS A COMMITTEE TO:
(A) ENSURE THAT CURRENT PRACTICE STANDARDS ARE MAINTAINED;
(B) PREVENT DEVIATIONS FROM CARE PRACTICES TO THE EXTENT POSSIBLE;
(C) TRACK, TREND, AND IDENTIFY CARE CONCERNS; AND
(D) CORRECT INAPPROPRIATE CARE PROCESSES.
20-10-2202. APPLICABILITY — SCOPE.
(A) THIS SUBCHAPTER APPLIES TO LONG-TERM CARE FACILITIES AS THOSE ENTITIES DEFINED IN SECTION 20-10-101.
(B) THIS SUBCHAPTER DOES NOT EXPAND, LIMIT, OR CONSTRICT ANY OTHER PRIVILEGE, PARTICULARLY A PRIVILEGE UNDER SECTION 20-9-502, SECTION 20-9-503, OR SECTION 16-46-105.
20-10-2203. LIABILITY OF QUALITY ASSURANCE COMMITTEE MEMBERS — CONSTRUCTION.
(A) A CAUSE OF ACTION FOR DAMAGES OR MONETARY LIABILITY SHALL NOT ARISE AGAINST A MEMBER OF THE QUALITY ASSURANCE COMMITTEE FOR AN ACT OR PROCEEDING UNDERTAKEN OR PERFORMED WITHIN THE SCOPE OF THE FUNCTIONS OF THE COMMITTEE IF THE COMMITTEE MEMBER ACTS WITHOUT MALICE OR FRAUD.
(B) THIS SUBCHAPTER DOES NOT CONFER IMMUNITY FROM LIABILITY ON AN INDIVIDUAL WHILE PERFORMING SERVICES OTHER THAN AS A MEMBER OF A QUALITY ASSURANCE COMMITTEE.
20-10-2204. PROCEEDINGS AND RECORDS CONFIDENTIAL.
(A)(1) A LONG-TERM CARE FACILITY MAY APPOINT MEMBERS TO SERVE AS A DULY APPOINTED QUALITY ASSURANCE COMMITTEE IN WHICH INDIVIDUALS FROM VARIOUS DISCIPLINES MEET AS A COMMITTEE TO:
(A) ENSURE THAT CURRENT PRACTICE STANDARDS ARE MAINTAINED;
(B) PREVENT DEVIATIONS FROM CARE PRACTICES TO THE EXTENT POSSIBLE;
(C) TRACK, TREND, AND IDENTIFY CARE CONCERNS; AND
(D) CORRECT INAPPROPRIATE CARE PROCESSES.
(2)(A) THE PROCEEDINGS OF AND RECORDS THAT ARE CREATED BY OR FOR THE QUALITY ASSURANCE COMMITTEE OF A LONG-TERM CARE FACILITY ARE NOT SUBJECT TO DISCOVERY OR INTRODUCTION INTO EVIDENCE IN A CIVIL ACTION AGAINST A PROVIDER OF PROFESSIONAL HEALTH SERVICES ARISING OUT OF THE MATTERS THAT ARE SUBJECT TO EVALUATION AND REVIEW BY THE COMMITTEE.
(B) APPOINTMENTS TO THE QUALITY ASSURANCE COMMITTEE AND THE DATES OF THE MEETINGS SHALL BE DOCUMENTED AND MAINTAINED.
(3)(A) A LONG-TERM CARE FACILITY MAY RETAIN A PROFESSIONAL CONSULTANT TO ASSIST THE QUALITY ASSURANCE COMMITTEE IN STUDYING QUALITY OF CARE CONCERNS.
(B) ANY ORAL OR WRITTEN REPORTS OF THE CONSULTANTS TO THE QUALITY ASSURANCE COMMITTEE ARE PRIVILEGED AND NOT SUBJECT TO DISCOVERY OR INTRODUCTION INTO EVIDENCE IN A CIVIL ACTION AGAINST A PROVIDER OF PROFESSIONAL HEALTH SERVICES.
(C) ORAL OR WRITTEN COMMUNICATIONS PRIVILEGED UNDER THIS SECTION MAY BE USED BY THE CONSULTANT WITHOUT WAIVER OF THE PRIVILEGE.
(4) A PERSON WHO WAS IN ATTENDANCE AT A MEETING OF THE QUALITY ASSURANCE COMMITTEE SHALL NOT BE PERMITTED OR REQUIRED TO TESTIFY IN A CIVIL ACTION AS TO THE FOLLOWING:
(A) EVIDENCE OR OTHER MATTERS PRODUCED OR PRESENTED DURING THE PROCEEDINGS OF THE QUALITY ASSURANCE COMMITTEE; OR
(B) FINDINGS, RECOMMENDATIONS, EVALUATIONS, OPINIONS, OR OTHER ACTIONS OF THE COMMITTEE OR ANY MEMBERS OF THE COMMITTEE MADE OR TAKEN IN THE QUALITY ASSURANCE ROLE.
(B)(1) THIS SECTION DOES NOT APPLY TO OR AFFECT THE DISCOVERY OR ADMISSIBILITY INTO EVIDENCE IN A CIVIL PROCEEDING OF THE FOLLOWING RECORDS:
(A) RECORDS OR REPORTS MADE IN THE REGULAR COURSE OF BUSINESS BY A LONG-TERM CARE FACILITY OR OTHER HEALTH CARE PROVIDER THAT ARE NOT CREATED BY OR FOR THE QUALITY ASSURANCE COMMITTEE;
(B) RECORDS OR REPORTS OTHERWISE AVAILABLE FROM ORIGINAL SOURCES INCLUDING WITHOUT LIMITATION, THE MEDICAL RECORD OF SPECIFIC RESIDENTS;
(C) RECORDS OR REPORTS REQUIRED TO BE KEPT BY APPLICABLE LAW OR REGULATION THAT ARE NOT CREATED BY OR FOR THE QUALITY ASSURANCE COMMITTEE;
(D) INCIDENT AND ACCIDENT REPORTS;
(E) THE LONG-TERM CARE FACILITY’S OPERATING BUDGETS; OR
(F) RECORDS OF THE QUALITY ASSURANCE COMMITTEE’S MEETING DATES.
(2) WITHOUT WAIVING ANY PRIVILEGE, APPOINTMENTS TO THE QUALITY ASSURANCE COMMITTEE ARE AVAILABLE TO THE ATTORNEY GENERAL’S MEDICAID FRAUD UNIT.
(3) A PERSON WHO TESTIFIES BEFORE THE QUALITY ASSURANCE COMMITTEE OR WHO IS A MEMBER OF THE COMMITTEE SHALL NOT BE PREVENTED FROM TESTIFYING AS TO MATTERS WITHIN HIS OR HER KNOWLEDGE, BUT THE WITNESS SHALL NOT BE ASKED ABOUT HIS OR HER TESTIMONY BEFORE THE COMMITTEE OR ABOUT OPINIONS FORMED BY HIM OR HER AS A RESULT OF THE COMMITTEE HEARINGS.
20-10-2205. DUTY TO ADVISE QUALITY ASSURANCE COMMITTEES.
UPON A REQUEST OF A QUALITY ASSURANCE COMMITTEE REVIEWING CARE PROVIDED IN A LONG-TERM CARE FACILITY, A PHYSICIAN, ADMINISTRATOR, NURSE, CERTIFIED NURSE’S AIDE, NURSE’S AIDE IN TRAINING, OR OTHER INDIVIDUAL ENGAGED IN WORK IN OR ABOUT THE LONG-TERM CARE FACILITY AND HAVING INFORMATION OR KNOWLEDGE RELATING TO THE CARE PROVIDED IN THE LONG-TERM CARE FACILITY SHALL ADVISE THE COMMITTEE CONCERNING ALL THE RELEVANT FACTS OR INFORMATION POSSESSED BY THE INDIVIDUAL CONCERNING THE QUALITY OF CARE PROVIDED IN THE LONG-TERM CARE FACILITY. …
Status:
01/26/2009 In House; Filed; Read the first time, rules suspended, read the second time and referred to the Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE
01/27/2009 In House; Placed on second reading for the purpose of amendment; Amendment No. 1 read and adopted and the bill ordered engrossed; REPORTED CORRECTLY ENGROSSED
01/28/2009 In House; Placed on second reading for the purpose of amendment; Amendment No. 2 read and adopted and the bill ordered engrossed; REPORTED CORRECTLY ENGROSSED
02/04/2009 In House; Placed on second reading for the purpose of amendment; Amendment No. 3 read and adopted and the bill ordered engrossed; REPORTED CORRECTLY ENGROSSED
02/05/2009 In House; Placed on second reading for the purpose of amendment; Amendment No. 4 read and adopted and the bill ordered engrossed; REPORTED CORRECTLY ENGROSSED
02/09/2009 In House; Placed on second reading for the purpose of amendment; Amendment No. 5 read and adopted and the bill ordered engrossed; REPORTED CORRECTLY ENGROSSED
02/10/2009 In House; Returned by the Committee with the recommendation that it do pass as amended 6
02/11/2009 In House; Placed on second reading for the purpose of amendment; Amendment No. 6 read and adopted and the bill ordered engrossed; REPORTED CORRECTLY ENGROSSED
02/12/2009 In House; Read the third time and passed and ordered transmitted to the Senate; In Senate; Received from the House; In Senate; Read first time, rules suspended, read second time, referred to Senate Committee on Public Health, Welfare and Labor
02/18/2009 In Senate; Returned by the Committee, with the recommendation that it Do Pass
02/19/2009 In Senate; Read the third time and passed; Returned to the House as passed; In House; Returned From the Senate as passed; In House; TO BE ENROLLED; In House; Correctly enrolled and ordered transmitted to the Governor’s Office.
02/20/2009 In House; Notification that HB1232 is now Act 198
02/23/2009 In House; Notification that HB1232 is now Act 198
Sponsor Information:
George Overbey (D – Majority);
Committees: House Public Health, Welfare and Labor Committee- House; Joint Public Retirement & Social Security Programs-Joint (Chair); House Arkansas Legislative Council (Alc); House City, County & Local Affairs Committee- House
Sponsor:
Overbey
