The Benefits and Burdens of Working With Patient Safety Organizations Under the Patient Safety and Quality Improvement Act of 2005

• February 26, 2020

• Paul E. Dwyer , McElroy Deutsch Mulvaney & Carpenter LLP
• Clint D. Watts , McElroy Deutsch Mulvaney & Carpenter LLP

Abstract 

The Patient Safety and Quality Improvement Act of 2005 (PSQIA) established critical national-level protections to permit the honest and open evaluation of certain types of patient safety data relevant to internal systemic patient risk and quality control measures. As part of this scheme, Congress created a certification process permitting qualified professionals and entities to be designated Patient Safety Organizations (PSOs). Under specific circumstances, data accumulated and/or evaluated with or by providers and shared with a PSO can be protected by way of a powerful “work product” privilege specifically created by the PSQIA for this purpose. This article will present a top down view of the PSQIA, its strengths and weaknesses, and its role in the greater health care regulatory framework. We will discuss the policy purpose and content of the PSQIA, the types of information that are subject to the privilege, and identify a few points of departure between the PSQIA and corresponding state laws with the goal of inspiring providers to adopt a comprehensive approach to internal patient safety improvement.

ARTICLE TAGS

• Patient Care Liability and Litigation