Under what circumstances may a component PSO allow its parent organization to have access to PSWP?

A component PSO may only disclose PSWP to its parent organization (emphasis added) if permitted by an applicable exception to confidentiality in section 3.206 of the Patient Safety Rule.

Disclosure means the release, transfer, provision of access to, or divulging in any other manner of patient safety work product by:

(1) An entity or natural person holding the patient safety work product to another legally separate entity or natural person, other than a workforce member of, or a health care provider holding privileges with, the entity holding the patient safety work product; or

(2) A component PSO to another entity or natural person outside the component PSO and within the legal entity of which the component PSO is a part.

The Patient Safety Rule requires that a component PSO maintain PSWP separately and securely from the rest of the parent organization of which it is a part. A component PSO must require that members of its workforce and any other contractor staff not make unauthorized disclosures of patient safety work product to the parent organization(s).

If the conditions of section 3.102(c)(3) and, when applicable, of section 3.102(c)(4)(ii)(B) of the Patient Safety Rule are met, a component PSO may permit individuals or units from its parent organization to serve in the capacity of PSO workforce member to assist the component PSO in its conduct of patient safety activities.

Workforce means employees, volunteers, trainees, contractors, or other persons whose conduct, in the performance of work for a provider, PSO or responsible person, is under the direct control of such provider, PSO or responsible person, whether or not they are paid by the provider, PSO or responsible person.

Access to PSWP by component PSO workforce members within the PSO is considered a use of PSWP and not a disclosure (emphasis added). If individuals or units of the parent organization serve as PSO workforce, they may only use or disclose the PSWP in their capacity as component PSO workforce members.