New Zealand Public Health and Disability Amendment Act 2010

17 New heading and sections 59A to 59E inserted

• The following heading and sections are inserted after section 59:

  “Health Quality and Safety Commission

  “59A Health Quality and Safety Commission

  • “(1) An organisation called the Health Quality and Safety Commission (HQSC) is established.

    “(2) HQSC is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    “(3) The Crown Entities Act 2004 applies to HQSC except to the extent that this Act expressly provides otherwise.

  “59B Objectives of HQSC

  • The objectives of HQSC are to lead and co-ordinate work across the health and disability sector for the purposes of—

    • “(a) monitoring and improving the quality and safety of health and disability support services; and

    • “(b) helping providers across the health and disability sector to improve the quality and safety of health and disability support services.

  “59C Functions of HQSC

  • “(1) The functions of HQSC are—

    • “(a) to advise the Minister on how quality and safety in health and disability support services may be improved; and

    • “(b) to advise the Minister on any matter relating to—

      • “(i) health epidemiology and quality assurance; or

      • “(ii) mortality; and

    • “(c) to determine quality and safety indicators (such as serious and sentinel events) for use in measuring the quality and safety of health and disability support services; and

    • “(d) to provide public reports on the quality and safety of health and disability support services as measured against—

      • “(i) the quality and safety indicators; and

      • “(ii) any other information that HQSC considers relevant for the purpose of the report; and

    • “(e) to promote and support better quality and safety in health and disability support services; and

    • “(f) to disseminate information about the quality and safety of health and disability support services; and

    • “(g) to perform any other function that—

      • “(i) relates to the quality and safety of health and disability support services; and

      • “(ii) HQSC is for the time being authorised to perform by the Minister by written notice to HQSC after consultation with it.

    “(2) In performing its functions HQSC must, to the extent it considers appropriate, work collaboratively with—

    • “(a) the Ministry of Health; and

    • “(b) the Health and Disability Commissioner; and

    • “(c) providers; and

    • “(d) any groups representing the interests of consumers of health or disability support services; and

    • “(e) any other organisations, groups, or individuals that HQSC considers have an interest in, or will be affected by, its work.

    “(3) The Minister must, as soon as practicable after giving a notice to HQSC under subsection (1)(g)(ii), publish in the Gazette, and present to the House of Representatives, a copy of the notice.

  “59D Membership of board

  • The board of HQSC consists of at least 7 members appointed under section 28 of the Crown Entities Act 2004.

  “59E HQSC may appoint mortality review committees

  • “(1) HQSC may appoint 1 or more committees to carry out any of the following functions that HQSC specifies by notice to the committee:

    • “(a) to review and report to HQSC on specified classes of deaths of persons, or deaths of persons of specified classes, with a view to reducing the numbers of deaths of those classes or persons, and to continuous quality improvement through the promotion of ongoing quality assurance programmes:

    • “(b) to advise on any other matters related to mortality that HQSC specifies in the notice.

    “(2) A committee appointed under subsection (1) (a mortality review committee) must develop strategic plans and methodologies that—

    • “(a) are designed to reduce morbidity and mortality; and

    • “(b) are relevant to the committee's functions.

    “(3)  HQSC—

    • “(a) must, at least annually, provide the Minister with a report on the progress of mortality review committees; and

    • “(b) must include each such report in HQSC's next annual report.

    “(4) The provisions of Schedule 5 apply in relation to a mortality review committee.

    “(5) Every person who fails, without reasonable excuse, to comply with a requirement imposed under Schedule 5 by the chairperson of a mortality review committee commits an offence and is liable to a fine not exceeding $10,000.

    “(6) Every person who discloses information contrary to Schedule 5 commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

    “(7) Any member of a registered occupational profession who commits an offence under subsection (5) or (6) is liable to any disciplinary proceedings of that profession in respect of the offence, whether or not he or she is fined under that subsection.”