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Law & Order: November 2009 Edition

by Astrid Fiano, DOTmed News Writer | November 11, 2009
Law & Order
This report originally appeared in the November 2009 issue of DOTmed Business News

State: New Jersey Law Requires Hospitals to Publicly Report Medical Errors

New Jersey Governor Jon Corzine has signed into law an act requiring hospitals to publicly report 14 serious medical errors. The Department of Health and Senior Services will be required to include in its annual New Jersey Hospital Performance Report hospital-specific data from hospital procedure and diagnosis codes concerning patient safety indicators such as postoperative hip fracture; postoperative hemorrhage or hematoma; postoperative deep vein thrombosis and pulmonary embolism.

The law also prevents New Jersey hospitals from charging Medicare, state Medicaid or insurance for costs associated with "never events." These never events include: surgery on the wrong side, body part or person; the wrong surgery; air embolism; transfusion reaction; and foreign objects left inside a patient during a medical procedure. In addition, the new law requires that the Department's Quality Improvement Advisory Committee study and recommend ways to include new patient safety indicators in public reporting to ensure it stays current with best national practices.

Federal: Maryland Medical Center Agrees to Provide Communication for Deaf Patients

The Fort Washington Medical Center (FWMC) in Prince George's County, MD, has reached a settlement agreement with the Department of Health and Human Services (HHS) following an investigation by HHS' Office for Civil Rights (OCR). The investigation found that the facility violated civil rights law by failing to provide an appropriate auxiliary aid during a deaf patient's visit to the emergency room.

Under the agreement, deaf patients at FWMC will be screened and provided with sign language interpreters whenever interpreter services are necessary for effective communication. FWMC will also provide training to all FWMC personnel who interact with patients and/or companions on revised policies and procedures for ensuring effective communication. That includes promptly identifying communication needs and preferences of services, and to secure appropriate, effective auxiliary aids (such as qualified interpreter services) as quickly as possible.

Federal laws prohibit discrimination against persons with disabilities and require public facilities including hospitals to provide effective communication for those persons who are deaf or hard of hearing. OCR Director Georgina Verdugo stated in a press release, "Hospitals have a legal obligation to ensure that qualified interpreters are available when needed for effective communication with deaf or hard of hearing persons, rather than relying on family members. This agreement helps the Fort Washington Medical Center fulfill this legal obligation by providing deaf or hard of hearing persons with appropriate language assistance to ensure effective communication."