An Illinois appellate court is scheduled to hear oral arguments over the federal Patient Safety and Quality Improvement Act's scope of confidentiality protections for healthcare professionals, according to an American Medical News report.
The Patient Safety and Quality Improvement Act of 2005 was enacted in response to growing concern about patient safety. The goal of the act is to improve patient safety by encouraging voluntary and confidential reporting of events that adversely affect patients.
The lawsuit in question was originally filed by the state of Illinois. The state's Department of Professional and Financial Regulation issued three subpoenas to Walgreens in 2010, seeking documentation of medical errors associated with three pharmacists who were accused of being medically negligent, according to the report.
Walgreens declined to submit the documentation, citing the federal act as protection for medical professionals. The company said the purpose of the act is to provide a safe exchange of information on adverse events to patient safety organizations, which in turn help inform recommendations on how to improve patient safety. Illinois state attorneys, on the other hand, argue the act is being applied too broadly.
"If a court were to rule the Patient Safety Act doesn't really protect this type of data, the whole purpose of the federal law ends up going out the window," an attorney for Walgreens said.
A lower court sided with Walgreens. The state appealed the court's decision, and oral arguments on the matter are expected to heard in early 2012. Legal experts believe the appellate court's ruling could dramatically impact healthcare providers, as it is the first case to examine confidentiality protections under the Patient Safety and Quality Improvement Act.
The Patient Safety and Quality Improvement Act of 2005 was enacted in response to growing concern about patient safety. The goal of the act is to improve patient safety by encouraging voluntary and confidential reporting of events that adversely affect patients.
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The lawsuit in question was originally filed by the state of Illinois. The state's Department of Professional and Financial Regulation issued three subpoenas to Walgreens in 2010, seeking documentation of medical errors associated with three pharmacists who were accused of being medically negligent, according to the report.
Walgreens declined to submit the documentation, citing the federal act as protection for medical professionals. The company said the purpose of the act is to provide a safe exchange of information on adverse events to patient safety organizations, which in turn help inform recommendations on how to improve patient safety. Illinois state attorneys, on the other hand, argue the act is being applied too broadly.
"If a court were to rule the Patient Safety Act doesn't really protect this type of data, the whole purpose of the federal law ends up going out the window," an attorney for Walgreens said.
A lower court sided with Walgreens. The state appealed the court's decision, and oral arguments on the matter are expected to heard in early 2012. Legal experts believe the appellate court's ruling could dramatically impact healthcare providers, as it is the first case to examine confidentiality protections under the Patient Safety and Quality Improvement Act.
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