For Physicians, Other Healthcare Providers and Medical Facilities

The District of Columbia Council passed a law in December 2006 that became effective March 2007.  The Medical Malpractice Amendment Act of 2006, A16-0619, addresses many issues but for purposes of this guidance document the Act mandates three (3) reporting requirements effective July 1, 2007.  Refer to the references below for the details available at this time.

The Act has been codified at the following areas:

• DC Code § 3-1205.13a (2007)*, for self-reporting of settlements, judgments and discipline, and for reporting discipline by healthcare providers who employ physicians
• DC Code § 7-161 (2007)* for mandatory adverse event reporting

Reporting requirements:  Effective July 1, 2007

• Physicians licensed in the District must self-report in writing to the Board of Medicine within sixty (60) days of occurrence all judgments in medical malpractice suits and confidential settlements paid on their behalf on medical malpractice claims by an insurer or other entity, and any discipline imposed by a health care licensing authority of another state.
• Healthcare providers who employ a physician licensed in the District shall report to the Board of Medicine in writing within ten (10) days any discipline imposed on that physician, or shall report that a physician has resigned while being investigated. This includes physicians who are on contract to the provider or who have privileges at the provider’s establishment. The criteria for what disciplinary actions are to be reported are the same criteria used to report discipline to the National Practitioner’s Data Bank. If a healthcare provider has questions concerning what to report please contact Ms. Lisa Robinson, Licensing Specialist, at (202) 724-8802.
• Medical facilities and healthcare providers licensed or authorized to do business in the District shall, effective, July 1, 2007, report adverse events to the Health Regulation and Licensing Administration.  The reports are not due until January 1, 2008 but shall include all adverse events that occurred beginning July 1, 2007.

o Adverse events are tentatively defined as the 28 events listed by the National Quality Forum (www.qualityforum.org) plus one type of Hospital Acquired Infection (HAI) defined as central catheter associated laboratory confirmed primary bloodstream infections. Hospitals should report HAI data to the CDC through the National Healthcare Safety Network (NHSN) where it will be risk adjusted and reported back to the DC Health Regulation and Licensing Administration.

o Adverse events should be reported on the eight-page report form. Reports will include a corrective action plan.

o Only one event should be listed on each report. Each report should be anonymous as to the patient’s name or identity. It is the responsibility of the reporting facility or health care provider to link a report to the actual hospital records via a numeric code. It is likely that in certain cases relevant portions of the health records, appropriately redacted, may be subpoenaed for review.

o If the adverse event occurs in a medical facility it shall be the responsibility of the facility to report the adverse event and not any health care provider who may be employed by or have privileges at the facility.

The Health Regulation and Licensing Administration is currently in the process of drafting regulations. This document should be considered interim guidance until such time as regulations are published. If any questions arise after reading this guidance and checking the references, please call Ms. Lisa Robinson, Licensing Specialist, at (202) 724-8802.