Reporting of Adverse Events in Office Based Surgery – N.Y. Pub. Health Law § 2998-e

Reporting of Adverse Events in Office Based Surgery

All office-based surgical practices need to be accredited by certain nationally recognized accrediting agencies in order to conduct office-based surgery (defined by N.Y. Pub. Health Law § 230-d (1) (h) as surgical procedures performed at non-hospital locations). 

This law requires that the commissioner enter into agreements with these accrediting agencies requiring them to report at least aggregate data on adverse events (defined by § 230-d (1) (b) as instances when the patient dies within 30 days of procedure, there is an unplanned transfer to hospital, unscheduled hospital admission within 72 hours of procedure, or any other life-threatening event) for all the office-based surgical practices accredited under them to the health department.  The department of health is allowed to disclose the reports of this aggregate data to the public.

§ 230-d (4) requires that the accredited surgical practices report any adverse events and suspected health care disease transmissions of blood-borne communicable diseases originating in their practices to the patient safety center of the department of health within one business day.  This section of the law states that these reports made by accredited surgical practices are to be kept confidential except when disclosure to the appropriate authorities is necessary in cases of criminal inquiry or investigation of professional misconduct.

This section requires that the commissioner adopt and enforce rules and regulations to ensure that these reporting and confidentiality requirements are met.