Bill: SB 5173 (HB 1323) — 2017
Concerning loss prevention reviews by state agencies (Chase, Miloscia, Hunt)
Requires state agencies, in consultation with the department of enterprise services and upon delegation, to appoint a loss prevention review team when the death of a person, serious injury to a person, or other substantial loss is alleged or suspected to be caused at least in part by the actions of the state agency.
SUBSTITUTE COMPARED TO ORIGINAL: (1) Allows for affected state agencies who are investigating an incident pursuant to federal or state agency requirements to use the same loss prevention team to conduct investigations and report to the Department of Enterprise Services. (2) Adds a requirement for the director to report to the legislature annually.”
EFFECT OF SENATE STRIKER AMENDMENT: Clarifies that agencies required to complete an adverse health event and incident reports under chapter 70.56 RCW are not required to conduct a separate investigation. Clarifies that investigations and reports made under chapter 70.56 RCW are subject to the investigative, reporting, and confidentiality requirements under statute and reports must be provided to the Department of Health.
Please note, this summary may be flawed.
EFFECT OF HOUSE COMMITTEE STRIKER AMENDMENT: Makes the following changes to the underlying bill:
• Provides that any review conducted by another agency or under other requirements must contain elements required for a review conducted by a loss prevention review team, and is subject to the review team provisions regarding making reports public, public disclosure, discovery, and admissibility to the extent those provisions do not conflict with statutes or laws governing those reviews.
• Strikes the specific exception for adverse event reporting for medical facilities. Strikes provisions stating that adverse event investigations continue to be subject to adverse event requirements and that adverse event reports continue to be subject to confidentiality, privileges, and exemptions in relevant laws, and must be provided to the Department of Health.
• Strikes the requirements that at least the majority of review team members be from agencies other than the affected agency and have relevant expertise, and that a minority of members may be from the affected agency. Requires instead that no more than half the members may be employees of the affected agency and restores current law that at least one member must have relevant expertise.
• Strikes the annual report requirement.
Hearing Date: Wednesday, March 15, 2017 -- 1:30 pm
WA State Legislature Link:
http://app.leg.wa.gov/billsummary?BillNumber=5173&Year=2017 (opens a new browser tab)