The Centers for Medicare and Medicaid Services ("CMS") published on February 12 a proposed rule to establish a framework under which hospitals, physicians, and other providers may voluntarily report information to Patient Safety Organizations ("PSOs") in a privileged and confidential manner in order to analyze patient safety events. The proposed rule addresses the requirements and process for becoming a PSO, the confidentiality protections for "patient safety work product," and enforcement provisions regarding the impermissible disclosure of such "patient safety work product."

CMS will consider all comments on the proposed rule that CMS receives on or before April 14, 2008.

We will be providing you with a summary of the proposed rule shortly.

Please feel free to contact any member of the Dorsey & Whitney Health Care Practice Group with questions.