 |
|
|
Vermont StatutesThe Vermont Statutes
Title 18: Health
Chapter 221: Health Care Administration
§ 9416. Vermont program for quality in health care
(a) The commissioner shall contract with the Vermont Program for Quality in Health Care, Inc. to implement and maintain a statewide quality assurance system to evaluate and improve the quality of health care services rendered by health care providers of health care facilities, including managed care organizations, to determine that health care services rendered were professionally indicated or were performed in compliance with the applicable standard of care, and that the cost of health care rendered was considered reasonable by the providers of professional health services in that area. The commissioner shall ensure that the information technology components of the quality assurance system are incorporated into and comply with the statewide health information technology plan developed under section 903 of Title 22 and any other information technology initiatives coordinated by the secretary of administration pursuant to section 2222a of Title 3.
(b) The Vermont Program for Quality in Health Care, Inc. shall file an annual report with the commissioner. The report shall include an assessment of progress in the areas designated by the commissioner, including comparative studies on the provision and outcomes of health care and professional accountability.
(c) Expenses incurred under this section by the Vermont Program for Quality in Health Care, Inc. shall be borne as follows: 35 percent by the hospitals, 15 percent by nonprofit hospital and medical service corporations licensed under chapter 123 or 125 of Title 8, and 50 percent by health insurance companies licensed under chapter 101 of Title 8, and health maintenance organizations licensed under chapter 139 of Title 8. Expenses allocated under this section to persons licensed under chapters 101 and 139 of Title 8 shall be billed based on premiums paid for health insurance coverage as defined in subsection 9415(b) of this title. Expenses allocated under this section shall not exceed 75 percent of the operating budget of the Vermont Program for Quality in Health Care, Inc. (Added 1995, No. 180 (Adj. Sess.), § 21a; amended 2005, No. 215 (Adj. Sess.), § 329; 2007, No. 70, § 33.)
The Vermont Statutes Online
Title 26: Professions and Occupations
Chapter 23: Medicine and Surgery
§ 1441. Definitions and purpose
As used in this subchapter, the term "peer review committee" shall mean the Vermont professional standards review organization or its subsidiary committees, the Vermont Program for Quality in Health Care, Inc. or its subsidiary committees, a peer review committee or other comparable committee established by a health maintenance organization in accordance with the provisions of section 9414 of Title 18, or a committee of a state or local professional association or of a hospital or other health care provider which is formed to evaluate and improve the quality of health care rendered by providers of health services or to determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care or that the cost of health care rendered was considered reasonable by the providers of professional health services in the area. (Added 1975, No. 249 (Adj. Sess.), § 4, eff. April 7, 1976; amended 1989, No. 108, § 1, eff. June 22, 1989; 1993, No. 30, § 20, eff. May 21, 1993.)
§ 1442. Immunity from liability of members of committee of professional society formed to maintain standards
(a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a peer review committee, any peer review committee or its predecessor or subsidiary organization, any person acting or employed as staff for a peer review committee, any person under a contract or other formal agreement with a peer review committee, or any person who participates with or assists a peer review committee for any act or proceeding related to peer review activities undertaken or performed within the scope of the functions of the peer review committee; provided that the member, peer review committee, predecessor or subsidiary organization, or person acts without malice, has made a reasonable effort to obtain the facts of the matter acted upon, and the action is taken with the reasonable belief that the action is warranted by the facts known after a reasonable effort to obtain all the facts. For purposes of this section, liability of a committee shall be determined with reference to acts taken by a majority of the members of the committee present at a meeting at which there was a quorum.
(b) This subchapter shall not be construed to confer immunity from liability on any professional association or upon any health professional while performing services other than as a member of a peer review committee.
(c) The provisions of subsection (a) of this section shall not apply in the case of a violation of section 1443 of this title or any law relating to confidentiality of medical records. (Added 1975, No. 249 (Adj. Sess.), § 4, eff. April 7, 1976; amended 1989, No. 108, §§ 2, 2a, eff. June 22, 1989.)
§ 1443. Records immune from discovery
(a) The proceedings, reports and records of committees defined in section 1441 of this title including information and evidence required to be reported pursuant to section 1317 of this title shall be confidential and privileged, and shall not be subject to discovery or introduction into evidence in any civil action against a provider of professional health services arising out of the matters which are subject to evaluation and review by such committee, and no person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any findings, recommendations, evaluations, opinions, or other actions of such committees or any members thereof. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such action merely because they were presented during the proceedings of such committee, nor shall any person who testifies before such c
ommittee or who is a member of such committee be prevented from testifying as to matters within his or her knowledge, but such witness shall not be asked about his or her testimony before such committee or about opinions formed by him or her as a result of such committee hearings.
(b) Notwithstanding the provisions of subsection (a) of this section, a peer review committee shall provide a board with all supporting information and evidence pertaining to information required to be reported under section 1317 of this title and shall provide access to such information and evidence to the department of health as provided in and for the purpose of determining a hospital's compliance with chapter 43a of Title 18.
(c) Notwithstanding the provisions of section 1318 of this title, relating to accessibility and confidentiality of disciplinary matters, the proceedings, reports, records, reporting information, and evidence of a peer review committee provided by the committee to a board in accordance with the provisions of section 1317 of this title or to the department of health in accordance with chapter 43a of Title 18 and subsection (b) of this section may be used by the board or by the commissioner of health or board of health for disciplinary and enforcement purposes but shall not be subject to public disclosure. (Added 1975, No. 249 (Adj. Sess.), § 4, eff. April 7, 1976; amended 1991, No. 167 (Adj. Sess.), § 34; 2001, No. 132 (Adj. Sess.), § 14, eff. June 13, 2002; 2005, No. 215 (Adj. Sess.), § 325.)
§ 1445. Findings
The general assembly finds that the Vermont Program for Quality in Health Care, Inc., a nonprofit corporation, is organized for the purpose of implementing and maintaining a statewide quality assurance system based on the collection and interpretation of clinical data, feedback of such data to physicians and, when necessary, the provision of professional accountability. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
§ 1446. Directors of corporation
The board of directors of the Vermont Program for Quality in Health Care, Inc. shall include without limitation the commissioner of the department of health, the chair of the hospital data council and two directors each of whom represents at least one of the following populations: elderly, handicapped or low income individuals. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
§ 1447. Dissolution
In the event of dissolution without a successor, the corporation shall transfer all its quality assurance data to the department of health. While the data is in the possession of the department of health, the commissioner may disclose such data to the public as long as individual patients or health care practitioners are not directly or indirectly identifiable. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
§ 1448. Release of clinical data authorized
Hospitals licensed under section 1905 of Title 18 may release clinical data to the Vermont Program for Quality in Health Care, Inc., for use in a statewide quality assurance system. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
§ 1449. Report
Annually, the Vermont Program for Quality in Health Care, Inc. shall file a report with the general assembly. The report shall include an assessment of progress in the areas of data collection, feedback to physicians and professional accountability. (Added 1989, No. 108, § 3, eff. June 22, 1989.)
|
|
|
|
