Mandatory Reporting of HAIs by State
Mandatory Reporting of Hospital-Acquired Infections
State by State Analysis
Alaska - Senate Majority Leader Gary Stevens [R-24th] has introduced S.B. 208, An Act Requiring Hospitals to Collect Data and Disclose Reports of HAIs. The bill would require hospitals to collect data for surgical site infections, ventilator-associated pneumonia, central line-related bloodstream infections, urinary tract infections and other categories of infections as adopted by the Department of Health and Social Services by regulation.   The information would be prepared for quarterly disclosure.

California – Senator Jackie Speier [D-8th] will once again address S.B. 739 during the upcoming legislative session. The bill, passed by the Senate, failed to get the necessary votes on the Assembly floor on the final day of the 2005 legislative session.

Colorado – Rep. Bob McCluskey [R-52nd] re-introduced a new version of his legislation this year. H.B. 1045, An Act Concerning Public Reporting of Hospital-Acquired Infections, would require hospitals to collect data on rates for cardiac surgical site, orthopedic surgical site, and central line-related bloodstream infections and submit the data to the CDC National Healthcare Safety Network beginning on or before September 30, 2007.

Connecticut - S.B. 160, introduced by the Senate Public Health Committee would require hospitals to report infections occurring in critical care units, including, but not limited to, surgical wound, central line bloodstream and ventilator associated pneumonia to the Commissioner on Public Health.   The bill does not include language stating the information be reportable to the public.

Kentucky – Representative Melvin Henley [R-5th] pre-filed H.B. 34 which would require hospitals and ambulatory surgical centers to collect data on HAIs on surgical site infections, ventilator-associated pneumonia, central line bloodstream infections and urinary tract infections. Quarterly reporting would begin no later than July 30, 2007. Representative J.R. Gray [D-6th] introduced a duplicate bill, H.B. 240, An Act Relating to Healthcare-Acquired Infections. Both bills currently sit before the Health and Welfare Committee. Rep. Derrick Graham [D-57th] has expressed his intentions to file another version of his 2005 HAI bill since his state does not allow for carryover legislation.

Maryland – Delegate Shane Pendergrass [D-13th] takes another crack at public reporting by introducing H.B. 78. If enacted, her 2006 bill would require the Maryland Health Care Commission to develop and implement a comparable evaluation system of HAIs. The system must adhere to the extent possible to the current CDC HICPAC recommendations. A companion bill, S.B. 135, was filed by Senator Delores Kelley [D-10th].

Massachusetts – Eight different versions of reporting versions were carried over from the 2005 legislative session. While all bills were heard publicly, no additional action was taken by the committees of jurisdiction.

Michigan – According to the Michigan state constitution, all pending bills at the adjournment of a regular legislative session held in an odd numbered year shall carry over with the same status to the next regular session.   As such, House Bills 4504, 4557 and S.B. 368 are currently sitting in their original committee of referral. H.B. 4504 would require hospitals to submit reports summarizing the number of HAIs contracted by patients in the immediately preceding calendar year. H.B. 4557, An Act to Examine Means to Improve Patient Safety and Reduce Hospital-Acquired Infections, would allow the Governor to create and appoint a commission on HAIs. The commission would develop recommendations and issue a best practices report on the elimination of HAIs that are consistent with the CDC recommendations. S.B. 368 is the companion bill to H.B. 4557.

Mississippi – Two versions of public reporting bills introduced by Senator Bob Dearing [D-37th] died on January 31st after failing to report out of their committee of jurisdiction.

New Hampshire – H.B.1741, An Act Relative to Reporting Requirements Concerning Hospital Infections, would require hospitals to identify, track, and report HAIs occurring in critical care units and would include surgical wound, central line and ventilator associated pneumonia. H.B. 1742, An Act Relative to Disclosing Infections in Hospitals and Nursing Homes, sponsored by Rep. Paula Johnson [D-26th] would require hospitals and nursing home-acquired infection rates to the Department of Health and Human Services on surgical site, ventilator-associated pneumonia, central line-related bloodstream and urinary tract infections. Quarterly reporting would commence January 31, 2007.

New Jersey – A father/son team introduced companion legislation on HAIs in the form of A.B. 667, sponsored by Assemblyman Christopher Connors [R-9th] and S.B. 147, sponsored by his father, Senator Leonard Connors, Jr. [R-9th] which would require acute care hospitals to report infections to the Department of Health and Senior Services Commissioner. The bills allow for the Commissioner to prescribe, by regulation, the necessary requirements and stipulate at the minimum annual reporting of information. Two additional companion bills, S.B. 919 and A.B. 445, have also been introduced.

Oklahoma – For the very first time, the state of Oklahoma will address the issue of public reporting of HAIs. S.B. 1098, introduced by Senator Tom Adelson [D-33rd] would require hospitals to submit quarterly reports on surgical site infections, ventilator-associated pneumonia, central line-related bloodstream infections, and urinary tract infections.   The Senator, who served as Secretary of Health prior to being elected to the legislature last year, has championed pandemic preparedness legislation as well. Senator Nancy Riley [R-37th] is following suit, introducing S.B. 1696 which would require hospitals to begin submitting quarterly reporting in 2007 on the same category of infections as S.B. 1098.

Pennsylvania garnered much of the publicity in 2005 as the first state to publicly report HAIs and mandate full house surveillance in 2006. Under a general law on hospital quality, the Pennsylvania Healthcare Cost Containment Council (PHC4) was given the authority to collect and report HAIs.

Vermont – Vermont lawmakers wasted little time in declaring their 2006 priority issues and the single biggest issue is healthcare reform. The Democratic controlled House and Senate seek to mandate hospital infection rates with Republican Governor Gibbs placing a high priority on hospital report cards. H.B. 258, introduced by Rep. Johannah Leddy Donovan [D] proposes that hospitals report quarterly to the Commissioner of Banking, Insurance, Securities and Healthcare Administration on surgical site, ventilator-associated pneumonia, central line-related bloodstream, and urinary tract infections.

Washington – After losing his father to a HAI, Rep. Tom Campbell [R-2nd] introduced H.B. 1015 which would require hospitals to publish an annual report on surgical site infections for selected procedures, surgical antimicrobial prophylaxis, outcome measures on ventilator-associated pneumonia, and central line-associated bloodstream infections in the ICU. A similar bill stalled in committee last session, but this year Campbell and his co-sponsors are pushing to bring the legislation to the forefront.

West Virginia – On January 11th, Senator Jon Blair Hunter [D-14th] introduced S.B. 34 entitled the West Virginia Infection Control Act of 2006. This bill would establish a multi-disciplinary infection control advisory panel made up of a member of the public, three physicians, three infection prevention and control professionals, a statistician, microbiologist and the Commissioner of Public Health. All members, serving at the will of the Governor, would establish a voluntary program to prevent and control infections in hospitals, ambulatory surgical centers and other healthcare facilities. H.B. 2180, sponsored by Delegate Bill Hamilton [R-39th] is sitting in the House Committee on Health and Human Resources. This measure would require hospitals to submit quarterly reports to the Bureau of Public Health on class I surgical site infection; ventilator-associated pneumonia; and central line-related bloodstream infections.

Wisconsin – The Wisconsin legislature allows for carryover legislation on bills which final action has not been taken at the conclusion of an odd-numbered year. As such, A.B. 811, An Act to Report on Infections Acquired at Hospitals and Ambulatory Surgical Centers was carried over from 2005 to 2006. The bill’s key sponsor, Rep. Jason Fields [D-11th], requests that hospitals and ambulatory surgery centers collect and publish on a annual basis the rate of infections for surgical site; ventilated-associated pneumonia; central venous catheter bloodstream; and urinary tract infections. Facilities would be expected to report beginning January 1, 2008.

As a reminder, Delaware, Indiana, Louisiana, Tennessee, Texas, and Utah are studying the HAI issue during 2006.   Arkansas, Montana, Nevada, North Dakota, Oregon, and Texas will not convene for a regular session this year.   We will continue to monitor these states for any interim activity. To view the status of a bill in any state, feel free to access the interactive state map found on the APIC home page or by clicking on the following link http://www.apic.org/Content/NavigationMenu/GovernmentAdvocacy/MandatoryReporting/state_legislation/state_legislation.htm