OIG STUDY OF NEVER EVENTS.

SEC. 203. OIG STUDY OF NEVER EVENTS.(a) Study.—(1) In general.—The Inspector General in the Department of Health and Human Services shall conduct a study on—(A) incidences of never events for Medicare beneficiaries, including types of such events and payments by any party for such events;(B) the extent to which the Medicare program paid, denied payment, or recouped payment for services furnished in connection with such events and the extent to which beneficiaries paid for such services; and(C) the administrative processes of the Centers for Medicare & Medicaid Services to detect such events and to deny or recoup payments for services furnished in connection with such an event.(2) Conduct of study.—In conducting the study under paragraph (1), the Inspector General—(A) shall audit a representative sample of claims and medical records of Medicare beneficiaries to identify never 120 STAT. 2987 events and any payment (or recoupment) for services furnished in connection with such events;(B) may request access to such claims and records from any Medicare contractor; and(C) shall not release individually identifiable information or facility-specific information.(b) Report.—Not later than 2 years after the date of the enactment of this Act, the Inspector General shall submit a report to Congress on the study conducted under this section. Such report shall include recommendations for such legislation and administrative action, such as a noncoverage policy or denial of payments, as the Inspector General determines appropriate, including—(1) recommendations on processes to identify never events and to deny or recoup payments for services furnished in connection with such events; and(2) a recommendation on a potential process (or processes) for public disclosure of never events which—(A) will ensure protection of patient privacy; and(B) will permit the use of the disclosed information for a root cause analysis to inform the public and the medical community about safety issues involved.(c) Funding.—Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Inspector General of the Department of Health and Human Services $3,000,000 to carry out this section, to be available until January 1, 2010.(d) Never Events Defined.—For purposes of this section, the term “never event” means an event that is listed and endorsed as a serious reportable event by the National Quality Forum as of November 16, 2006.