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F I S C A L I M P A C T R E P O R T

SPONSOR Lopez

ORIGINAL DATE

LAST UPDATED

02/16/07

03/14/07 HB

SHORT TITLE

Protection of Certain Patient Info

SB 674/aSJC

ANALYST Hanika Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Attorney General’s Office (AGO)

Department of Health (DOH)

Higher Education Department (HED)

SUMMARY

Synopsis of SJC Amendment

The Senate Judiciary Committee Amendment strikes language excluding specific portions of

meetings and records of public hospitals related to patient care made confidential due to federal

and state laws from the Open Meetings Act.

SIGNIFICANT ISSUES

The SJC Amendment will exclude all portions of public hospital meetings and records related to

patient care made confidential due to federal and state laws from the Open Meetings Act.

Synopsis of Original Bill

Senate Bill 674 amends Section 10-15-1 NMSA of the Open Meetings Act to exclude portions of

meetings of committees or boards of public hospitals dealing with the confidential care or

treatment of patients including information such as analyses, plans, records or reports, pertaining

to professional credentialing activities, peer review, or quality improvement activities involving

the quality of care provided by the hospital and its providers.

The bill also amends Section 14-2-1 NMSA of the Inspection of Public Records Act to provide

Senate Bill 674/aSJC – Page

2

an exception from the right to inspect public hospital records related to the confidential care and

treatment of patients, including information such as analyses, plans, records or reports, pertaining

to professional credentialing or privileging activities, peer review, quality improvement activities

involving the quality of care provided by the hospital and its providers regardless of whether the

information provided is subject to the Open Meetings Act.

FISCAL IMPLICATIONS

Agencies should be able to make any statutory changes resulting from the enactment of this bill

with existing staff and resources.

SIGNIFICANT ISSUES

The amendment to the Open Meetings Act will impact the meeting of committees or boards of

public hospitals dealing with matters related to care and treatment of patients. The changes

recommended will make matters related to patient health, care, and treatment confidential as

applicable by state and federal laws.

The amendment to the Inspection of Public Records Act makes records in public hospitals

related to the care and treatment of patient confidential as applicable by state and federal laws.

DOH reports that the bill may encourage hospitals to explore their practices with less fear of

litigation.

PERFORMANCE IMPLICATIONS

The bill attempts to provide additional protection of privacy of public citizens in matters related

to the care and treatment of their health. However, the AGO is concerned the bill may be

construed to prevent the release of general patient safety data that is helpful to consumers in

determining hospital infection rates, mortality rates, and outcome measures for specific medical

procedures.

The Federal Patient Safety and Quality Improvement Act established procedures for the

voluntary, confidential reporting of medical errors to patient safety organizations (PSOs). A PSO

is an organization certified by the Secretary of Health and Human Services (HHS) that seeks to

improve patient safety and quality through collecting and analyzing patient safety data. After

medical errors have been voluntarily and confidentially reported to the PSO, the PSO in turn

submits the data to a national database for analysis and recommendations on ways to improve

patient safety and reduce medical errors. The data reported to the PSOs will be shielded from use

in liability suits and other litigation. This information cannot be used against a provider by an

accrediting agency or other regulator. Organizations cannot punish employees based on good-

faith reporting of information. Again, the AGO is concerned the bill may be construed as

providing greater privilege and confidentiality protections which might prohibit the voluntary

disclosure of information in accordance with Federal law.

OTHER SUBSTANTIVE ISSUES

The Open Meetings Act is known as the "sunshine law." All states have such laws, which are

essentially motivated by the belief that the democratic ideal is best served by a well-informed

public. Sunshine laws generally require that public business be conducted in full public view,

Senate Bill 674/aSJC – Page

3

that the actions of public bodies be taken openly, and that the deliberations of public bodies be

open to the public.

The Inspection of Public Records Act provides an open window for the public and media to

access information deemed of importance to the public interest. The law requires open access to

almost all public records in state and local government with few exceptions. Under the Act the

public citizen or group has the right to take legal action if they are denied access to public

records and awarded attorney fees if they are proven right.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The Open Meetings Act and the Inspection of Public Records Act will continue to include public

discussions and disclosure of patient health, care and treatment information as allowed by current

provisions in both statutes.

QUESTIONS

What other states have passed similar legislation.

AHO/nt