I
105TH CONGRESS
1ST SESSION
H. R. 1165
To require Medicare providers to disclose publicly staffing and performance
in order to promote improved consumer information and choice, to pro-
tect employees of Medicare providers who report concerns about the
safety and quality of services provided by Medicare providers or who
report violations of Federal or State law by those providers, and to
require review of the impact on public health and safety of proposed
mergers and acquisitions of Medicare providers.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mr. HINCHEY (for himself, Mr. ACKERMAN, Mr. DELAHUNT, Mr. DELLUMS,
Mr. EVANS, Mr. HOLDEN, Mr. MASCARA, Mr. OLVER, Ms. RIVERS, and
Mr. THOMPSON) introduced the following bill; which was referred to the
Committee on Ways and Means, and in addition to the Committee on
Commerce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To require Medicare providers to disclose publicly staffing
and performance in order to promote improved consumer
information and choice, to protect employees of Medicare
providers who report concerns about the safety and qual-
ity of services provided by Medicare providers or who
report violations of Federal or State law by those provid-
ers, and to require review of the impact on public health
and safety of proposed mergers and acquisitions of Medi-
care providers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Patient Safety Act of
1997’’.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) There has been increased and growing pub-
lic concern expressed regarding the quality and safe-
ty of services provided by health care facilities and
institutions, as such facilities have instituted aggres-
sive efforts to reduce levels of staff who provide di-
rect patient care services as a principal means of de-
creasing expenses.
(2) A growing body of data suggests a linkage
between the number and mix of nursing staff and
positive patient care outcomes, including the avoid-
ance of patient death and injury.
(3) Many employees of health care facilities
have expressed fear for their employment if they re-
port unsafe conditions, including violations of State
or Federal law.
(4) Unprecedented consolidation among health
care institutions has led to increasing concern re-
garding the effect of such activity on the health and
safety of communities served by these facilities, yet
the Federal Government has little authority to evalu-
ate such effect in deciding whether or not to approve
mergers and acquisitions among health care facili-
ties.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) LICENSED PRACTICAL NURSE OR LICENSED
VOCATIONAL NURSE.—The term ‘‘licensed practical
nurse or licensed vocational nurse’’ means an indi-
vidual who is entitled under State law or regulation
to practice as a licensed practical nurse or a licensed
vocational nurse.
(2) MADE
PUBLICLY
AVAILABLE.—The term
‘‘made publicly available’’ means, with respect to in-
formation of a provider, information that is—
(A) provided to the Secretary and to any
State agency responsible for licensing or accred-
iting the provider;
(B) provided to any State agency which
approves or oversees health care services deliv-
ered by the provider directly or through an in-
suring entity or corporation; and