Read the full stored bill text
SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3457
103RD GENERAL ASSEMBL Y
7419H.03C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 197, RSMo, by adding thereto one new section relating to medically
complex pediatric patients.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 197, RSMo, is amended by adding thereto one new section, to be
2 known as section 197.181, to read as follows:
197.181. 1. This section shall be known and may be cited as "Maddie's Law: The
2 Rar e Pediatric Disease Care and Pr otocol Pro tection Act".
3 2. As used in this section, the following terms mean:
4 (1) "Car e plan", a patient-specific electr onic document that may include
5 diagnoses, baseline clinical status, medications and allergies, medical devices, emergency
6 tr eatment recomm endations, tr eating provi ders, and communication needs and that is
7 developed by the primary physician pr oviding care to the patient;
8 (2) "Department", the department of health and senior services;
9 (3) "Emergency department", an emergency department in a hospital licensed
10 under this chapter;
11 (4) "Medically complex pediatric patient", a person under eighteen years of age
12 who has one or mor e chr onic medical conditions expected to last at least twelve months
13 and who r equir es multiple medication updates, medical technology , or car e coordination
14 acr oss multiple prov iders.
15 3. (1) Each hospital that operates an emergency department in this state may
16 implement, within its existing electr onic health record system, a clearly visible electr onic
17 alert or flag for a medically complex pediatric patient.
18 (2) The alert shall:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 (a) Appear in a manner that is immediately identifiable to emergency
20 department personnel on the patient tracking scr een or within the patient's electr onic
21 chart;
22 (b) Pr ovide rapid, one-click access to the patient's care plan, if available; and
23 (c) Function in a manner that does not delay triage or tr eatment.
24 4. A hospital shall be considere d in compliance with this section if the hospital
25 utilizes existing alert, flagging, or patient notification functionality within its curr ent
26 electr onic health record system.
27 5. Nothing in this section shall be construed to requ ire a hospital to:
28 (1) Purchase a new electr onic health r ecord system;
29 (2) Develop a separate technology platform; or
30 (3) Creat e a new full-time position.
31 6. A par ent or legal guardian of a medically complex pediatric patient may
32 r equest that the patient's car e plan be sent by the patient's licensed health care pr ovider
33 to the hospital for inclusion in the hospital's electr onic health record and alert system.
34 7. Any appr oved car e plan for a medically complex pediatric patient shall be
35 enter ed into the system under the dir ection of a licensed health care pr ovider at the
36 hospital wher e the child may receiv e emergency car e.
37 8. Participation in the alert system shall be voluntary and shall requ ire the
38 consent of the par ent or legal guardian of the medically complex pediatric patient. A
39 car e plan for a medically complex pediatric patient shall not be consider ed appr oved
40 and placed in the alert system unless the primary physician of the patient confirms the
41 car e plan.
42 9. All information maintained under this section shall comply with applicable
43 state and federal privacy laws, including the federal Health Insurance Portability and
44 Accountability Act (HIP AA).
45 10. Any hospital or health care prov ider acting in good-faith reli ance on a car e
46 plan accessed in accordance with this section shall not be subject to additional civil
47 liability solely for such reli ance.
48 1 1. The department shall administer the provi sions of this section within existing
49 appr opriations.
50 12. The department may issue model guidelines to assist hospitals in
5 1 implementation of the r equir ements of this section. Such guidelines shall be advisory
52 and shall not req uire formal rulemaking unless necessary .
53 13. Nothing in this section shall be construed to:
54 (1) Establish a state regist ry;
55 (2) Require the creat ion of a state database; or
HCS HB 3457 2
56 (3) Requir e the department to collect or stor e patient-specific medical
57 information.
✔
HCS HB 3457 3