Page:United States Statutes at Large Volume 119.djvu/443

 PUBLIC LAW 109–41—JULY 29, 2005

119 STAT. 425

‘‘(2) IDENTIFIABLE PATIENT SAFETY WORK PRODUCT.—The term ‘identifiable patient safety work product’ means patient safety work product that— ‘‘(A) is presented in a form and manner that allows the identification of any provider that is a subject of the work product, or any providers that participate in activities that are a subject of the work product; ‘‘(B) constitutes individually identifiable health information as that term is defined in the HIPAA confidentiality regulations; or ‘‘(C) is presented in a form and manner that allows the identification of an individual who reported information in the manner specified in section 922(e). ‘‘(3) NONIDENTIFIABLE PATIENT SAFETY WORK PRODUCT.— The term ‘nonidentifiable patient safety work product’ means patient safety work product that is not identifiable patient safety work product (as defined in paragraph (2)). ‘‘(4) PATIENT SAFETY ORGANIZATION.—The term ‘patient safety organization’ means a private or public entity or component thereof that is listed by the Secretary pursuant to section 924(d). ‘‘(5) PATIENT SAFETY ACTIVITIES.—The term ‘patient safety activities’ means the following activities: ‘‘(A) Efforts to improve patient safety and the quality of health care delivery. ‘‘(B) The collection and analysis of patient safety work product. ‘‘(C) The development and dissemination of information with respect to improving patient safety, such as recommendations, protocols, or information regarding best practices. ‘‘(D) The utilization of patient safety work product for the purposes of encouraging a culture of safety and of providing feedback and assistance to effectively minimize patient risk. ‘‘(E) The maintenance of procedures to preserve confidentiality with respect to patient safety work product. ‘‘(F) The provision of appropriate security measures with respect to patient safety work product. ‘‘(G) The utilization of qualified staff. ‘‘(H) Activities related to the operation of a patient safety evaluation system and to the provision of feedback to participants in a patient safety evaluation system. ‘‘(6) PATIENT SAFETY EVALUATION SYSTEM.—The term ‘patient safety evaluation system’ means the collection, management, or analysis of information for reporting to or by a patient safety organization. ‘‘(7) PATIENT SAFETY WORK PRODUCT.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘patient safety work product’ means any data, reports, records, memoranda, analyses (such as root cause analyses), or written or oral statements— ‘‘(i) which— ‘‘(I) are assembled or developed by a provider for reporting to a patient safety organization and are reported to a patient safety organization; or

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