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Quality of Care Information Protection Act (QCIPA). Overview. What is QCIPA and its intent? What is a Quality of Care Committee? What is protected under QCIPA?. What is QCIPA?.
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Overview • What is QCIPA and its intent? • What is a Quality of Care Committee? • What is protected under QCIPA?
What is QCIPA? • Quality of Care Information Protection Act (QCIPA) has been enacted as Schedule B of the Health Information Protection Act, 2004.
What is the intent of QCIPA? • Enhance patient safety • Protection of Quality of Care Information from disclosure in legal proceedings • Promote frank discussion within the review • Protect content of discussion within review • Develop recommendations for quality improvement
Highlights of QCIPA • QCIPA has supremacy over any other Act or regulations e.g. PHI can be revealed to QCC • NO PERSON shall disclose QCI except as permitted by QCIPA e.g. where there is serious risk of bodily harm
Highlights of QCIPA • QCI cannot be used as evidence in a legal proceeding (e.g., Court, Coroner, College Committee) • No court/legal proceeding can require a witness to disclose QCI • No person shall be retaliated against for providing information to a QCC under QCIPA
What is a Quality of Care Committee? • The QCC is a body of one or more individuals designated by the Board under the terms of QCIPA. • The function of the Committee is to carry on activities for the purpose of assessing and evaluating the provision of health care or the level of competence of the health care provider.
How is Protection Realized? • The review must be conducted by or for a Quality of Care Committee (QCC) • The legislation outlines the terms of reference that the QCC should reflect • Contents of review that are not prepared by or for a QCC will not be protected under the legislation
What is Protected? • Quality of Care Information (QCI) collected by or for the QCC, solely for the purposes of the QCC • Speculation and opinions heard during the review
What is NOT Protected? • Factual information of the event, even if discovered during the course of the review • Information contained in patient’s chart • Information contained in a record that was generated as a requirement of law. • Factual information contained in an occurrence report regarding the provision of health care to a patient.
Disclosure • Quality of Care Information cannot be disclosed except: • If appropriate for improving quality of health care or eliminating or reducing a risk to a person, the committee maydisclose QCI to management • Management may disclose to an employee or agent (e.g. MD) if required to improve quality • Recipient of QCI must only use the information for quality improvement purposes