38 USC 7311 - Quality assurance

U.S Code last checked for updates: Nov 22, 2024

§ 7311.

Quality assurance

(a)

The Secretary shall—

(1)

establish and conduct a comprehensive program to monitor and evaluate the quality of health care furnished by the Veterans Health Administration (hereinafter in this section referred to as the “quality-assurance program”); and

(2)

delineate the responsibilities of the Under Secretary for Health with respect to the quality-assurance program, including the duties prescribed in this section.

(b)

(1)

As part of the quality-assurance program, the Under Secretary for Health shall periodically evaluate—

(A)

whether there are significant deviations in mortality and morbidity rates for surgical procedures performed by the Administration from prevailing national mortality and morbidity standards for similar procedures; and

(B)

if there are such deviations, whether they indicate deficiencies in the quality of health care provided by the Administration.

(2)

The evaluation under paragraph (1)(A) shall be made using the information compiled under subsection (c)(1). The evaluation under paragraph (1)(B) shall be made taking into account the factors described in subsection (c)(2)(B).

(3)

If, based upon an evaluation under paragraph (1)(A), the Under Secretary for Health determines that there is a deviation referred to in that paragraph, the Under Secretary for Health shall explain the deviation in the report submitted under subsection (f).1

 See References in Text note below.

(4)

As part of the quality-assurance program, the Under Secretary for Health shall establish mechanisms through which employees of Veterans Health Administration facilities may submit reports, on a confidential basis, on matters relating to quality of care in Veterans Health Administration facilities to the quality management officers of such facilities under section 7311A(c) of this title. The mechanisms shall provide for the prompt and thorough review of any reports so submitted by the receiving officials.

(c)

(1)

The Under Secretary for Health shall—

(A)

determine the prevailing national mortality and morbidity standards for each type of surgical procedure performed by the Administration; and

(B)

(i)

for each medical facility of the Department, in the case of cardiac surgery, heart transplant, and renal transplant programs; and

(ii)

in the aggregate, for each other type of surgical procedure.

(2)

The Under Secretary for Health shall—

(A)

compare the mortality and morbidity rates compiled under paragraph (1)(B) with the national mortality and morbidity standards determined under paragraph (1)(A); and

(B)

analyze any deviation between such rates and such standards in terms of the following:

(i)

The characteristics of the respective patient populations.

(ii)

The level of risk for the procedure involved, based on—

(I)

patient age;

(II)

the type and severity of the disease;

(III)

the effect of any complicating diseases; and

(IV)

the degree of difficulty of the procedure.

(iii)

Any other factor that the Under Secretary for Health considers appropriate.

(d)

Based on the information compiled and the comparisons, analyses, evaluations, and explanations made under subsections (b) and (c), the Under Secretary for Health, in the report under subsection (f),¹ shall make such recommendations with respect to quality assurance as the Under Secretary for Health considers appropriate.

(e)

(1)

The Secretary shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Administration to carry out its responsibilities under this section.

(2)

The Inspector General of the Department shall allocate sufficient resources (including sufficient personnel with the necessary skills and qualifications) to enable the Inspector General to monitor the quality-assurance program.

(Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 214; amended Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103–446, title XII, § 1201(g)(5), Nov. 2, 1994, 108 Stat. 4687; Pub. L. 111–163, title V, § 505(b), May 5, 2010, 124 Stat. 1159.)

cite as: 38 USC 7311