​ECRI Institute PSO has joined the American Hospital Association, the Federation of American Hospitals, the Patient Safety Organization of Florida, and Joint Commission in filing an amicus brief urging the Supreme Court of the United States to review a Florida Supreme Court decision that would remove protections for healthcare providers from public disclosure of patient safety data. Allowing the Florida court ruling to stand, the groups argue, would thwart Congress's goals in implementing the Patient Safety and Quality Improvement Act of 2005. The organizations are asking the U.S. Supreme Court to hear the case because of its importance. In a friend-of-the-court brief in support of a Florida hospital's request for review by the U.S. Supreme Court, the organizations called the Patient Safety Act "a critical tool for improving patient safety." The brief indicates that more than 2,200 hospitals nationwide participate in patient safety organizations (PSOs) and suggests the "court should grant the writ and reassure these hospitals and other providers that they can report, study, and learn from errors and near-errors without fear of public disclosure—just as Congress intended." In filing its complaint, the hospital has argued that the Florida court's decision will force hospitals to decide between participating in patient PSOs and creating work that may be used against them in court. The Supreme Court has not yet indicated whether it will hear the case.

HRC Recommends: Risk managers' awareness of current and proposed quality and error reporting and public disclosure initiatives is critical because the goals of quality improvement and risk management are congruent. HRC will keep risk managers current on the status of this case.  If the court hears the case, organizations will need to understand the implications of the decision when published to determine whether it will affect disclosure of patient safety data in their jurisdiction.