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2008 SESSION

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084025568
HOUSE BILL NO. 1543 Offered January 18, 2008 A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 5.3, consisting of sections numbered 32.1-162.23 through 32.1-162.26, relating to surgical complications reporting; penalty. ---------- Patrons-- Janis and Lohr ---------- Referred to Committee on Health, Welfare and Institutions ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Title 32.1 a chapter numbered 5.3, consisting of sections numbered 32.1-162.23 through 32.1-162.26, as follows:

CHAPTER 5.3. SURGICAL COMPLICATIONS REPORTING.

§ 32.1-162.23. Definitions.

As used in this chapter:

"Department" means the Department of Health.

"Elective outpatient surgical procedure" means any surgical procedure that is not medically necessary and is performed on an outpatient basis.

"Medical treatment" means, but is not limited to, hospitalization, laboratory tests, surgery, or prescription of drugs.

"Physician report" means the report required under § 32.1-162.24.

§ 32.1-162.24. Physician report required.

A. A physician shall file a written report with the Department regarding each patient who comes under the physician's professional care and requires medical treatment or suffers death that the attending physician has a reasonable basis to believe is the result of an elective outpatient surgical procedure.

B. The report shall be submitted within 30 days of the discharge or death of the patient treated for the complication and shall contain all information required pursuant to § 32.1-162.25 that is available to the physician.

C. The physician report shall not contain the patient's name, social security number, or any other common identifiers that would make it possible to discern the patient's identity.

§ 32.1-162.25. Contents of report.

A. Each physician report required under this chapter shall contain the following information:

1. The type of elective procedure that was performed;

2. The patient's age and race;

3. The patient's residency status, including city, county, or town of residence;

4. The date the procedure was performed;

5. The date on which the complication was diagnosed;

6. The name and type of facility where the procedure was performed;

7. Whether the physician performing the procedure has been subject to license revocation or suspension or other professional sanction;

8. The condition of the patient that led to treatment, including, but not limited to, hemorrhage, damage to major organs, renal failure, metabolic disorder, shock, embolism, coma, or death;

9. The type of anesthetic, if any, used for each procedure; and

10. The amount billed to cover the treatment of the complication, including whether under: (i) a fee-for-service insurance company, (ii) a managed care company, or (iii) another type of health benefit.

B. Nothing in this chapter shall be construed as an instruction to discontinue collecting data currently being collected.

§ 32.1-162.26. Violation of the provisions of the chapter; penalty.

Willful violation of the provisions of this chapter shall constitute a Class 1 misdemeanor.