1.2.2002 00:05
R.I. DOH in bed with hospital lobby
MISTAKES in our nation's hospitals cause between 44,000 and 98,000 deaths each year. That horrifying statistic was provided in 1999 by the National Academy of Science's Institute of Medicine.

Two years ago, I began discussions with the Rhode Island Department of Health (DOH) in an effort to eliminate the miscues that injure or kill patients in our hospitals. In response, the General Assembly issued a budgetary appropriation and in a June 16, 2000, letter of intent ordered the DOH to study the issue and propose remedial action. Unfortunately, the efforts of the department have been less than stellar, contrary to the progress in other states.

The DOH recently completed its study and reported its findings to the General Assembly in November. The final report, frustratingly, contains no action plan to reduce the number of medical errors occurring in our hospitals and does not explore any of the innovative approaches to medical care undertaken in other states.

The Institute of Medicine (IOM) study was both overwhelming and grim. According to an extrapolation of numerous studies, mistakes in hospitals are a leading cause of death in our country. In addition to the thousands of deaths, between 500,000 and 1 million people are injured each year from such mistakes. According to the report, a hospital patient's chances of being injured as a result of a hospital error increases 6 percent each day.

The reporting of these errors is a problem because of the "cloak of secrecy" among hospital staff relating to mistakes. To illustrate the extent of underreporting, only six errors were reported in Rhode Island hospitals in 1999 after deducting kidnappings and hospital falls. According to numerous authoritative studies documented in the study, the number should have been in the thousands.

During the 2000 legislative session, I proposed the creation of a Patient Safety Council. The bill (2000 H-7189) addressed both the necessity of providing oversight of hospitals, which did not exist, as well as the closing of a loophole in the current reporting law that has partly enabled hospitals to drastically underreport mistakes and fail to make the changes necessary to avoid repeating them.

The DOH countered with an in-house "Hospital Survey Team" and the result became a $300,000 budget line item called the Hospital Care Consultant Report. The June 16, 2000, letter of intent provided to the DOH made it clear that hospitals were not reporting mistakes under the existing statute. The DOH was instructed to provide oversight of hospitals, analyze information from numerous sources, including the IOM, and propose systemic changes to hospital care to prevent errors in the future.

Unfortunately, the hospital lobby has been less than enthusiastic about addressing the crisis. Lobbyist Edward Quinlan has been the most vociferous critic of the IOM study as well as hospital oversight in general. He has dismissed the IOM report as nothing more than a dated report and analysis. Unfortunately, it appears that Mr. Quinlan either has not read the 200-page report or hopes that no one else has, since the IOM study is an analysis of many scientific studies from the 1980s and 1990s.

Making matters worse, the director of health, Dr. Patricia Nolan, made it clear that the hospital lobby, especially Mr. Quinlan, would have an inside track regarding the contents of the final report as well as policy relating to curing the hospital error reporting law and curbing medical errors.

Mr. Quinlan's position appears to have influenced the department's progress, or lack thereof. The final report issued by the DOH last month was a disappointment because it failed to provide any remedial action recommendations to the General Assembly. Nor did the report explore any of the innovative approaches for the hospital system other states have been pursuing since the IOM study. Many other states have turned proactive, refusing to follow Rhode Island's static response.

New York, for example, has tightened its rules in an effort to prevent a surgeon from operating on the wrong side of a patient's body and limited the number of consecutive hours doctors can work.

Massachusetts recently initiated a program to computerize significant portions of the medication-delivery system. In addition, its Department of Health received a $4.5 million grant from the federal Agency for Healthcare Research and Quality to collect and use information on medical errors in an effort to prevent them in the future.

The federal government has also recommended that states initiate a confidential database on the Internet for health-care workers to report mistakes in hospitals. The database will help state government regulators and medical professionals spot trends in mistakes in an effort to avoid repeating them.

I have repeatedly made DOH officials aware of the above progress. But two years after the IOM study, the department has yet to provide an analysis of what systemic changes can be made to reduce errors. It has not provided any reasons why it dismisses the aforementioned ideas for change from other jurisdictions.

In sum, I seriously question whether the Department of Health is capable of significant improvements to the hospital-care delivery system by reducing errors. It is my opinion that the department is overly concerned with the hospital lobby and is uncomfortable playing the role of licensing agency and investigator/enforcer. As more than one health-care official has said to me, the department is not sure if it is sound policy to be both the Federal Aviation Administration (licensing) and National Transportation Safety Board (investigative/enforcement). If the department is uncomfortable with taking positions opposed to the hospital lobby, then it should not have rebuffed the independent Patient Safety Council. The department cannot have it both ways.

Rhode Island state Rep. H. Norman Knickle, who represents District 37 in Warwick, is a member of the House Judiciary Committee.
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