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 (see section 921(7) of the Public Health Service Act). One of the ways that PSWP is created is when information is assembled or developed by a health care provider for reporting to a PSO and then is reported to a PSO. Except in one circumstance (select for Delisted PSOs), information assembled or developed by providers for reporting to a PSO must ultimately be reported to an entity that is currently listed as a PSO by the Secretary.

• Before submitting information to an entity that claims to be a PSO, health care providers should always verify that the entity is currently listed by the Secretary. If a health care provider submits information to an entity that is not currently listed by the Secretary, the confidentiality and privilege protections of the Patient Safety Act will not apply.
• Never submit information to a PSO before the date and time that its listing is effective. To ensure that the list of PSOs is always accurate on a PSO's first day of listing by the Secretary, AHRQ may update the list a day or two in advance. Therefore, the list will prominently display the date and time that the entity's listing as a PSO becomes effective.
• To remain listed, each PSO is required to have two bona fide contracts with different health care providers within each 24-month period following its initial date of listing. To learn more about this requirement, please go to Two Bona Fide Contracts Requirement Information.
• The Patient Safety Act enables health care providers to learn whether the PSO has relationships or obligations with other health care providers that go beyond contracts for the receipt and review of PSWP (i.e., a Patient Safety Act contract). To learn more about this requirement, please go to Disclosure Statement Information.

• AHRQ provides information on each listed PSO – the initial listing date, two bona fide contracts requirements, and disclosure statements – on the AHRQ Web site at http://www.pso.ahrq.gov/listing/psolist.htm.