Stricken language would be deleted from and underlined language would be added to present law.
Act 707 of the Regular Session
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1723
4
5 By: Representative L. Johnson
6 By: Senator Hester
7
8 For An Act To Be Entitled
9 AN ACT TO PROVIDE FOR DATA COLLECTION AND EVALUATION
10 OF EMERGENCY MEDICAL CARE AND INITIAL TIME-CRITICAL
11 DIAGNOSES AND PROCEDURES; TO ENSURE CONFIDENTIALITY
12 TO HELP IMPROVE HEALTH OUTCOMES AND PROMPT TREATMENT;
13 AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO PROVIDE FOR DATA COLLECTION AND
18 EVALUATION OF EMERGENCY MEDICAL CARE AND
19 INITIAL TIME-CRITICAL DIAGNOSES AND
20 PROCEDURES; AND TO ENSURE CONFIDENTIALITY
21 TO HELP IMPROVE HEALTH OUTCOMES AND
22 PROMPT TREATMENT.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code Title 20, Chapter 13, Subchapter 2, is
28 amended to add an additional section to read as follows:
29 20-13-216. Data collection and evaluation system Confidentiality of
30 records.
31 (a) As used in this section, data, records, reports, and documents
32 means recordings of interviews and all oral or written proceedings, reports,
33 statements, minutes, memoranda, data, and other documentation collected or
34 compiled for the purposes of nonhospital emergency medical services quality
35 review or assessment and improvement pursuant to a requirement of or request
36 by the Department of Health or other entity authorized by this section.
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1 (b)(1) The department shall develop a data collection and evaluation
2 process to review nonhospital emergency medical care and time-critical
3 diagnoses and procedures conducted by licensed emergency medical services
4 personnel.
5 (2) The State Board of Health shall promulgate rules for the
6 department to implement the process, which shall be designed to study both
7 the individual and collective care and treatment given to patients.
8 (c)(1) The department may collect data and information regarding
9 patients treated and transported from the field and admitted to a facility
10 through the emergency department, through a trauma center, or directly to a
11 special care unit or post-hospitalization facility.
12 (2) Data and information shall be collected in a manner that
13 protects and maintains the confidential nature of patient records.
14 (d) Records and reports made under this section shall:
15 (1) Be held confidential within the hospital, the service
16 provider, and the department; and
17 (2) Not be available to the public.
18 (e) Any data, records, reports, and documents collected or compiled by
19 or on behalf of the department or other entity authorized under this section
20 for the purpose of quality or system assessment and improvement is not
21 subject to disclosure to the extent that it identifies or could be used to
22 identify any individual patient, provider, institution, or health plan.
23 (f)(1) Any data, records, reports, and documents collected or compiled
24 by or on behalf of the department or other entity authorized under this
25 section for the purpose of quality or assessment and improvement shall:
26 (A) Not be admissible in any legal proceeding; and
27 (B) Be exempt from discovery and disclosure to the same
28 extent that records of and testimony before committees evaluating the quality
29 of medical or hospital care are exempt under 16-46-105(a)(1).
30 (2) A healthcare providers use of the information in its
31 internal operations shall not operate as a waiver of these protections.
32 (g) All information shall be treated in a manner that is consistent
33 with all state and federal privacy requirements.
34 (h) The department or other entity authorized to provide services may
35 use any data, records, reports, or documents generated or acquired in its
36 internal operations without waiving any protections under this section.
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1 APPROVED: 4/14/21
2
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