The Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 provides a legislative framework for a number of important patient safety issues, including the mandatory open disclosure of a list of specified serious patient safety incidents that must be disclosed to the patient and/or their family, and the expansion of HIQA’s remit into private hospital services.
Prior to commencement of the Act, there are a number of preparatory steps required. These are currently being progressed and significant multi-stakeholder engagement has been taking place across the health system.
The Act establishes a mandatory requirement for the notification of certain serious patient safety incidents. To facilitate this notification process, a new module to the existing National Incident Management System (NIMS) must be designed, tested and implemented before this provision can be commenced. Work with key stakeholders, including the HSE, State Claims Agency, HIQA and the Mental Health Commission, is nearly complete.
To facilitate commencement of the Act, the HSE is working on a new open disclosure training policy and communications plan for all staff regarding the new disclosure and notification requirements under the Act. The HSE advise that this work is ongoing and nearing completion.
The Patient Safety Act also mandates open disclosure of patient requested reviews of cancer screening and the implementation of a communications programme regarding such reviews. The HSE and the Screening Services are currently finalising these processes.
Prior to commencement, the Department is also in the process of making a technical amendment to the Act to address a minor drafting error. This amendment was approved by government decision S180/20/10/2859, is technical in nature and does not alter the policy intention of the Act. The amendment is currently making its way through the legislative process and will be implemented shortly.