H. B. 2234
(By Delegates Hamilton, Hrutkay and Hatfield)
[Introduced January 9, 2008; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated
, §16-5V-6 and §16-5V-7, all
relating to establishing the Hospital Infection Disclosure Act
requiring hospitals to disclose hospital-infection rates to
the public; and providing sanctions and civil penalties.
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
, §16-5V-6 and §16-5V-7
, all to read as
ARTICLE 5V. HOSPITAL INFECTIONS DISCLOSURE ACT.
§16-5V-1. Short title.
This article may be cited as the "Hospital Infections
For purposes of this article:
(a) "Bureau" means the Bureau of Public Health.
(b) "Hospital" means a health care facility licensed under
article five, chapter sixteen of this code.
(c) "Hospital-acquired infection" means an infection acquired
by a patient during hospital care which was not present or
incubating at admission.
§16-5V-3. Hospital reports.
(a) Individual hospitals shall collect data on
hospital-acquired infection rates for the specific clinical
procedures determined by the bureau by rule, including, but not
limited to, the following categories: (1) Class I surgical site
infection; (2) ventilator-associated pneumonia; (3) central
line-related bloodstream infections; (4) urinary tract infections;
and (5) other categories as provided under subsection (d) of this
(b) (1) Hospitals shall submit quarterly reports on their
hospital-acquired infection rates to the bureau. Quarterly reports
shall be submitted, in a format set forth in rules adopted by the
bureau, to the bureau by the thirtieth day of April, the
thirty-first day of July, the thirty-first day of October, and the
thirty-first day of January each year for the previous quarter.
Data in quarterly reports must cover a period ending not earlier than one month prior to submission of the report. Quarterly
reports shall be made available to the public at each hospital and
through the bureau. The first quarterly report is due the
thirty-first day of January, two thousand seven.
(2) If the hospital is a division or subsidiary of another
entity that owns or operates other hospitals or related
organizations, the quarterly report shall be for the specific
division or subsidiary and not for the other entity.
(c) (1) The commissioner of the bureau shall appoint an
advisory committee, including representatives from public and
private hospitals, including hospital infection control
departments, direct care nursing staff, physicians, epidemiologists
with expertise in hospital-acquired infections, academic
researchers, consumer organizations, health insurers, health
maintenance organizations, organized labor and purchasers of health
insurance, such as employers. The advisory committee shall have a
majority of members representing interests other than hospitals.
(2) The advisory committee shall assist the bureau in the
development of all aspects of the bureau's methodology for
collecting, analyzing and disclosing the information collected
under this article, including collection methods, formatting and
methods and means for release and dissemination.
(3) In developing the methodology for collecting and analyzing
the infection rate data, the bureau and advisory committee shall consider existing methodologies and systems for data collection,
such as the centers for disease control's national nosocomial
infection surveillance program, however, the bureau's discretion to
adopt a methodology may not be limited or restricted to any
existing methodology or system. The data collection and analysis
methodology shall be disclosed to the public prior to any public
disclosure of hospital-acquired infection rates.
(4) The bureau and the advisory committee shall evaluate on a
regular basis the quality and accuracy of hospital information
reported under this article and the data collection, analysis and
(d) The bureau may, after consultation with the advisory
committee, require hospitals to collect data on hospital-acquired
infection rates in categories additional to those set forth in
subsection (a) of this section.
§16-5V-4. Bureau reports.
(a) The bureau shall annually submit to the Legislature a
report summarizing the hospital quarterly reports and shall publish
the annual report on its website. The first annual report shall be
submitted and published in January, two thousand nine. The bureau
may issue quarterly informational bulletins at its discretion,
summarizing all or part of the information submitted in the
hospital quarterly reports.
(b) All reports issued by the bureau shall be severity adjusted.
(c) The annual report shall compare the severity-adjusted
hospital-acquired infection rates, collected under section three of
this article, for each individual hospital in the state. The
bureau, in consultation with the advisory committee, shall make
this comparison as easy to comprehend as possible. The report
shall also include an executive summary, written in plain language,
that shall include, but not be limited to, a discussion of
findings, conclusions and trends concerning the overall state of
hospital-acquired infections in the state, including a comparison
to prior years. The report may include policy recommendations, as
(d) The bureau shall publicize the report and its availability
as widely as practical to interested parties, including, but not
limited to, hospitals, providers, media organizations, health
insurers, health maintenance organizations, purchasers of health
insurance, organized labor, consumer or patient advocacy groups and
individual consumers. The annual report shall be made available to
any person upon request.
(e) No hospital report or bureau disclosure may contain
information identifying a patient, employee or licensed health care
professional in connection with a specific infection incident.
It is the expressed intent of the Legislature that a patient's right of confidentiality may not be violated in any manner.
Notwithstanding any other provision of law, patient social security
numbers and any other information that could be used to identify an
individual patient may not be released.
A determination that a hospital has violated the provisions of
this article may result in any of the following:
(a) Termination of licensure or other sanctions relating to
licensure under article five-b, chapter sixteen of this code; and
(b) A civil penalty of up to one thousand dollars per day per
violation for each day the hospital is in violation of this
§16-5V-7. Regulatory oversight.
The bureau shall be responsible for ensuring compliance with
this article as a condition of licensure under article five-b,
chapter sixteen of this code, and shall enforce compliance
according to the provisions of article five-b, chapter sixteen of
NOTE: The purpose of this bill is to establish the Hospital
Infections Disclosure Act which requires hospitals to disclose
hospital-infection rates for the public.
This article is new; therefore, strike-throughs and
underscoring have been omitted.