105. Mass. Code Regs. 130.332. - Serious Reportable Events (SREs)

The law defines a serious reportable event (SRE) as a preventable event occurring on hospital property that results in an adverse patient outcome, and is influenced by hospital policy.  A hospital must report an SRE within seven days of discovery to the Department of Health.  The hospital must also file a written report to the Department, provide a copy of the report to a third party payor, such as an insurance company, and inform the patient or patient representative of the occurrence of the SRE, including unanticipated results due to the SRE.  A hospital that provides services for conditions that occur due to an SRE, but did not occur on that hospital’s property must also file a written report with the Department within seven days of discovery of the SRE.  

Hospitals must establish policies that allow a determination of whether an SRE was preventable, within the hospital’s control, and the result of a system failure.  Hospitals are not authorized to charge a patient or a third party payor for services that occurred as a result of an SRE if it is determined that the SRE was preventable, within the hospital’s control, and the result of a system failure.  However, hospitals may seek reimbursement for treatment of an SRE that did not occur on its premises.