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EXPLANATION - Matter enclosed in bold-faced brackets
[
thus
]
in the above bill
is not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
a form and manner established by the commissioner, every serious
preventable adverse event that occurs in that facility.
d. (1) A health care professional or other employee of a health care
facility is encouraged to make anonymous reports to the department, or
in the case of a State psychiatric hospital, to the Department of Human
Services, in a form and manner established by the commissioner,
regarding near-misses, preventable events and adverse events that are
otherwise not subject to mandatory reporting pursuant to subsection c. of
this section.
(2) The commissioner shall establish procedures for and a system to
collect, store and analyze information voluntarily reported to the
applicable department pursuant to this subsection. The repository shall
function as a clearinghouse for trend analysis of the information
collected pursuant to this subsection.
e. Any documents, materials or information received by the
department, or the Department of Human Services, as applicable,
pursuant to the provisions of subsections c. and d. of this section
concerning preventable adverse events, serious preventable adverse
events and near-misses shall not be:
(1) subject to discovery or admissible as evidence or otherwise
disclosed in any civil, criminal or administrative action or proceeding;
(2) considered a public record under P.L.1963, c.73 (C.47:1A-1 et
seq.) or P.L.2001, c.404 (C.47:1A-5 et seq.); or
(3) used in an adverse employment action or in the evaluation of
decisions made in relation to accreditation, certification, credentialing or
licensing of an individual, which is based on the individual's
participation in the development, collection, reporting or storage of
information in accordance with this section.
The information received by the department, or the Department of
Human Services, as applicable, may be used by the department, the
Department of Human Services, as applicable, and the Attorney General
for the purposes of this act and for oversight of facilities and health care
professionals; however, the departments and the Attorney General shall
not use the information for any other purpose.
f. Any documents, materials or information developed by a health
care facility as part of a process of self-critical analysis conducted
pursuant to subsection b. of this section concerning preventable events,
near-misses and adverse events, including serious preventable adverse
events, shall not be:
(1) subject to discovery or admissible as evidence or otherwise
disclosed in any civil, criminal or administrative action or proceeding; or
(2) used in an adverse employment action or in the evaluation of
decisions made in relation to accreditation, certification, credentialing or
licensing of an individual, which is based on the individual's
participation in the development, collection, reporting or storage of
information in accordance with subsection b. of this section.
g. The commissioner shall, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules
and regulations necessary to carry out the provisions of this section. The
regulations shall establish: criteria for a health care facility's patient
safety plan and patient safety committee; the time frame and format for
mandatory reporting of serious preventable adverse events at a health
care facility; and the types of events that qualify as serious preventable
adverse events. In establishing the criteria for reporting serious
preventable adverse events, the commissioner shall, to the extent
