Mass. Gen. Laws. Ann. ch. 111, § 51H - Reporting about healthcare-associated infections and serious reportable events; charges or reimbursement for resulting services prohibited

A facility (defined as a hospital or clinic) must report information on all health care related infections (defined as “a localized or systemic condition that results from an adverse reaction to the presence of an infectious agent or its toxins that: (i) occurs in a patient in a facility. . .”) and serious reportable event to the Department of Public Health.  A serious reportable event is something that causes a serious adverse patient outcome that is identifiable, measureable, and preventable, and must be reported to the Department within 15 days of its discovery.  The Department must transfer the data collected to other agencies in order to improve patient safety and to research patient quality and cost.  Any facility that does not comply with this section may be fined up to $1,000 per day in violation, have its license suspended or revoked, or both.  A health care facility is prohibited from charging fees for services provided due to a health are related infection or serious reportable event.  The facility cannot seek or charge reimbursement for a health care related infection or serious reportable event if the facility shows the event was preventable, in its control, and due to a system failure of the facility’s policies.