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Important Information Regarding Delisted PSOs

The Patient Safety Act and Patient Safety Rule provide confidentiality and privilege protections for patient safety work product (PSWP), a term that is defined in the law (go to section 921(7) of the Public Health Service Act). For the protections to apply, the information must be reported to an entity that is listed as a PSO by the Secretary.

A PSO can be "delisted" by the Secretary if it is found to no longer meet the requirements of the Patient Safety Act and Patient Safety Rule. IMPORTANT: Confidentiality and privilege protections MAY NOT APPLY to information submitted to a delisted PSO. See below for details.

An entity may be removed from the list of PSOs under three circumstances:

(1) The listing as a PSO is revoked for cause (i.e., noncompliance with the requirements that each PSO must meet)

(2) The 3-year listing period expires without the PSO seeking continued listing

(3) The PSO chooses to voluntarily relinquish its status as a PSO for any reason

PSOs Delisted for Cause

For health care providers, there is one significant difference between entities that are delisted for cause (#1) and the other circumstances (#2 and #3). If a PSO's listing is revoked for cause, health care providers can continue to submit data to the delisted PSO for 30 calendar days, beginning on the date and time that the PSO is delisted and ending 30 calendar days thereafter. Data submitted during this 30 day period are treated as PSWP and are subject to the confidentiality and privilege protections of the Patient Safety Act.

Other Reasons for Delisting

The Patient Safety Act and Patient Safety Rule DO NOT extend an additional 30 calendar days of protection to information submitted to a PSO that allows its listing to expire or to a PSO that voluntarily relinquishes its listed status. If a PSO allows its listing to expire, the PSO automatically becomes delisted at midnight (Eastern time zone) on the last day of the posted listing period. If a PSO seeks to voluntarily relinquish its listed status, the Secretary will set a date and time for its delisting. Information submitted to a PSO during its period of listing, and before the date and time of its delisting, will remain protected as PSWP.