Patient Safety and Quality Improvement Act


The Patient Safety and Quality Improvement Act of 2005 :, 42 U.S.C. , established a system of patient safety organizations and a national patient safety database. To encourage reporting and broad discussion of adverse events, near misses, and dangerous conditions, it also established privilege and confidentiality protections for Patient Safety Work Product. The PSQIA was introduced by Sen. Jim Jeffords . It passed in the Senate July 21, 2005 by unanimous consent, and passed the House of Representatives on July 27, 2005 with 428 Ayes, 3 Nays, and 2 Present/Not Voting.

Context for the passage of the Act

The Notice of proposed rulemaking for this law describes the reason Congress passed it.

Summary of the act's major sections

Definitions

Patient Safety Organization must certify that it supports the requirements in the PSQIA and be on the Agency for Healthcare Research and Quality web site.
The definition of Patient Safety Work Product is quite broad. Patient safety work product includes any data, reports, records, memoranda, analyses, or written or oral statements, which are assembled or developed by a provider for reporting to a PSO and are reported to a PSO; or are developed by a patient safety organization for the conduct of patient safety activities; and which could result in improved patient safety, health care quality, or health care outcomes; or which identify or constitute the deliberations or analysis or, or identify the fact of reporting pursuant to a patient safety evaluation system ).
However, patient safety work product does not include a patient's medical record, billing and discharge information, or any other original patient or provider records; nor does it include information that is collected, maintained, or developed separately, or exists separately, from a patient safety evaluation system.

Privilege and confidentiality protections

Patient Safety Work Product must not be disclosed, except in very specific circumstances and subject to very specific restrictions.
Note: the Patient Safety Activities Exception is the most common one that providers and PSOs will be working with.
Permitted Disclosures
Violations & Enforcement
The Act is enforced by the Secretary of Health and Human Services

Patient Safety Organization certification and listing