September 2, 2011 Senator Tom Harkin Chairman U.S. Senate Committee on Health Education Labor & Pensions 731 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Harkin, We are writing to request your support for legislation to make the complete findings of hospital accreditation surveys available and readily accessible to the public. Currently, the results of hospital accreditation surveys cannot be accessed by the public under Section 1865 [42 U.S.C. 1395bb] (b) of the Social Security Act which reads as follows: "(b) The Secretary may not disclose any accreditation survey (other than a survey with respect to a home health agency) made and released to the Secretary by[615] the American Osteopathic Association[616] or any other national accreditation body, of an entity accredited by such body, except that the Secretary may disclose such a survey and information related to such a survey to the extent such survey and information relate to an enforcement action taken by the Secretary." (Source: http://www.ssa.gov/OP_Home/ssact/title18/1865.htm"> http://www.ssa.gov/OP_Home/ssact/title18/1865.htm ) We believe it is in the public's interest to have all accreditation survey findings of The Joint Commission and other bodies accessible to the public. This includes initial survey findings as well as follow-up survey findings which takes place weeks later after remedial action may have been taken. Hospitals have a choice. They may choose to be surveyed by state agencies in lieu of accreditation by The Joint Commission or other entities. Only a small minority of hospitals elect this option. In your home state of Iowa, state accreditation surveys are performed by the Division of Health Facilities, Iowa Department of Inspections & Appeals. These survey results are available to the public. The survey results from The Joint Commission are not available to the public. We believe that the public has a right to information irrespective of the entity that conducts the surveys. The present situation creates a double standard. It also raises the question as to why the federal government allows two different standards. In comparable public services sectors such as public health and education, inspections of restaurants and performance of schools are transparent to the public. Hospitals should be held to the same standard. Their performance should no longer be shielded from the public. The process measures of The Joint Commission have been extensively researched and are not subject to risk adjustment concerns that surround outcome measures. The Joint Commission was also founded by the healthcare industry, including the American Hospital Association, and currently is funded by the organizations it accredits. Thus, its methodology should be considered the gold standard by the organizations it accredits. We respectfully request your support for the repeal of Section 1865 [42 U.S.C. 1395bb] (b) of the Social Security Act to allow hospital accreditation survey findings be made readily available to the public; and the ready availability of investigative results to both the public and to individuals who have lodged a complaint of substandard care, along with the plans of improvement for the correction of deficiencies found during institutional surveys and investigations. In addition, The Joint Commission and any accrediting body of healthcare facilities should be made subject to the Federal Freedom of Information Act as a condition of their authority for performing accreditation surveys and complaint investigations. Transparency in healthcare is of vital importance to encourage hospitals to improve their quality and safety. Thank you for your kind consideration of our request. Kevin T. Kavanagh, MD, MS, FACS Health Watch USA (Lead & Contact Organization) 3396 Woodhaven Dr. Somerset, KY 42503 www.healthwatchusa.org Cell: 606-875-3642 Ken Farbstein, MPP President, Patient AdvoCare. Needham, MA Cautious Patient Foundation Bill Thatcher, Executive Director Jen Dingman, CPF, Advisory Member Houston, TX www.cautiouspatient.org Citizen Advocacy Center (CAC) David Swankin, Esq., President and CEO Rebecca LeBuhn, Board Chair 1400 16th Street NW, Suite 101 Washington, DC 20036 www.cacenter.org Consumers Union Safe Patient Project (Contact Organization) Lisa McGiffert, Director lmcgiffert@consumer.org 512-477-4431 ext 115 Johannah Back Parent/Patient Advocate Advocating Against Tubing Misconnections Las Vegas, NV Michael Bennett President The Coalition For Patients' Rights Baltimore, Maryland www.coalitionforpatientsrights.org Patty Black, Co-Chair Patient Advisory Council PeaceHealth MG IHI Patient Advocate Eugene, OR Mary Brennan-Taylor Patient Advocate University at Buffalo Patient Safety Research Center Buffalo, NY Amanda Buchanan Patient Advocate Trustee, Weiser Memorial Hospital Weiser, Idaho Jari Holland Buck Patient Advocate Author of Hospital Stay Handbook: A Guide to Becoming a Patient Advocate for Your Loved Ones Graduate Student - University of Toledo Patient Advocate Certificate Program Overland Park, KS www.majesticwolf.com Linda Carswell Jerry Carswell Foundation 4000 Purdue St. Houston, TX 77005 Kathleen Clark Attorney At Law CEO, Servant Lawyership Pleasant Hill, CA www.ServantLawyership.com Alicia R. Cole Hospital-acquired Infection Survivor Alliance for Safety Awareness for Patients Sherman Oaks, Ca 91403 www.PatientSafetyASAP.org Margo Corbett The Savvy Patient School Clemmons, NC www.savvypatientschool.com Kathy Day, RN Patient Safety Activist McCleary MRSA Prevention Bangor, ME http://mcclearymrsaprevention.com/ Carl Flatley DDS, MSD Founder/Chairman Sepsis Alliance Tampa, Florida www.sepsisalliance.org Crystal Fornes, NP, RN Blue Compass Healthcare Advocates New York, NY bluecompasshealth.com Harvey S. Frey MD PhD JD, Director Health Administration Responsibility Project, Inc. Santa Monica, CA www.harp.org Julia A. Hallisy, D.D.S., Inc. President The Empowered Patient Coalition www.EmpoweredPatientCoalition.org Helen Haskell, President Mothers Against Medical Error 155 S Bull St. Columbia, SC 29205 Carol Hemmelgarn Patient Advocate Highlands Ranch, CO Regina Holliday Medical Advocacy Mural Project Washington, DC reginaholliday.blogspot.com Libby Hoy, Founder Patient & Family Centered Care Partners, Long Beach, CA www.pfccpartners.com Veronica James Patient Safety Activist and Family Caregiver Paramus, NJ Gary Lampman Patient Safety Advocate Hendersonville, TN 37075 Paul F. Levy Former hospital administrator Newton, MA http://www.runningahospital.blogspot.com/ Alan Levine Health Care Advocate Washington, DC Charles B. Maclean, PhD Advocate for Patient Advocacy Founder and Committed Listener Portland, OR PhilanthropyNow www.philanthropynow.com Mary Ellen Mannix James's Project 618 Kirsch Ave Wayne, PA 19087 www.jamessproject.com Grace Martin Representative of Victim and Victim's family P.O. Box 63 Leonia, NJ 07605 Pat Mastors Patient Advocate Founder, CEO, Pear Health East Greenwich, RI Www.thepatientpod.com Evelyn V. McKnight, President HONOReform/HONOReform Foundation 415 E. 23rd Street, Suite A Fremont, NE 68025 www.HONOReform.org Dale Ann Micalizzi Founder/Director Justin's HOPE Project Schenectady, NY http://www.taskforce.org/our-work/projects/justins-hope Roberta Mikles RN BA Dialysis Patient Safety Advocate San Diego, CA Gil Mileikowsky MD President and Founder Alliance For Patient Safety, AFPS, 2934 1/2 North Beverly Glen Circle, # 373 Los Angeles, California 90077 allianceforpatientsafety.org Lori Nerbonne, RN, BSN 6 Fieldstone Drive Bow, NH 03304 New Hampshire Patient Voices www.nhpatientvoices.org Kerry O'Connell Consumer Advocate Denver, CO 80238 Nancy Oliver Patient Safety Advocate Cincinnati, Ohio James Padilla, JD Patient Advocate Tiffon, OH Dianne Parker Founder Advocates in Action for Patient Safety South Carolina Tricia Pil, MD Pediatrician, Medical Writer, and Patient Safety Advocate Pittsburgh, PA Pam Pires Patient Safety Activist Safe Patient Project San Jose, CA 95121 Jean Rexford Connecticut Center for Patient Safety PO Box 231335 Hartford, CT 06123-1335 www.ctcps.org Suzan Shinazy RN Patient Advocate Napa, CA Patty Skolnik Executive Director Citizens for Patient Safety 801 Yosemite St. Denver, CO 80230 www.citizensforpatientsafety.org Cybele Sack Founder ImPatient for Change Toronto, Canada impatient4change.blogspot.com Jeanine Thomas MRSA Survivors Network Hinsdale, IL http://www.mrsasurvivors.org Lee Tilson, JD Patient Advocate, Attorney 4141 Commonwealth Detroit, MI www.rethinkingpatientsafety.com Trisha Torrey Every Patient’s Advocate Baldwinsville, NY Jan S. Vick Executive Director SC Voices for Patient Safety Chesterfield, SC 29709 www.scvps.org Deb Wachenheim Health Quality Manager Health Care For All 30 Winter Street, 10th floor Boston, MA 02108 http://www.hcfama.org Bart Windrum Axiom Action Boulder, Colorado www.HospitalPatientAdvocate.com Yanling Yu, Ph. D Patient Rights and Safety Advocate Seattle, WA Copy Sent To: Secretary Kathleen Sebelius, U.S. Department of Health & Human Services, 200 Independence Avenue S.W., Washington, D.C. 20201 Donald Wright, MD, MPH -- Deputy Assistant Secretary for Healthcare Quality, Office of the Secretary, US Dept HHS. Carolyn Clancy, MD – Director Agency for Healthcare Research and Quality (AHRQ). Nancy Wilson, MD, MPH -- Joint Senior Advisor to Agency for Healthcare Research and Quality (AHRQ) and to the Office of the Secretary, US Dept HHS. Sheila Roman, MD, MPH – Senior Medical Officer, Hospital and Ambulatory Policy Group, CMS. Thomas Hamilton – Director, Survey and Certification Group, CMS. Mark Chassin, M.D., F.A.C.P., M.P.P., M.P.H., President of The Joint Commission, One Renaissance Blvd, Oakbrook Terrace, IL 60181.