(a) The Legislature finds that there is a public need to improve the review of the quality of health care delivery and to improve the communication between the patient and health care provider. Therefore, there is established within the Office of the Commissioner of Health a Health Care Consumer Complaint Review Committee (referred to in the rest of this section as “the Committee”).
(b) The Committee shall be composed of seven (7) members which shall include—
(1) the Director of Comprehensive Health Planning for the Territory or his designee; and
(2) three (3) members appointed by the Governor one of whom shall be an individual health care provider, and two of whom shall not be “providers of health care” as that term is defined in the National Health Planning and Resources Development Act of 1974, P.L. 93–641, 42 U.S.C.A. §§ 1501, 1531. Not more than one such member shall be a resident of the same island. In the initial appointment of the members, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. Thereafter, such members shall be appointed for a term of four years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of the term. Such members may be removed for cause by the Governor. One of the members who is not a health care provider shall be an attorney who is admitted to practice in the territory; and
(3) three (3) members appointed by the President of the Legislature, one of whom shall be an individual health care provider, and two of whom shall not be “providers of health care” as that term is defined in the National Health Planning and Resources Development Act of 1974, P.L. 93–641, 42 U.S.C.A. §§ 1501, 1531. Not more than one such member shall be a resident of the same island. The term of office of each member shall be for two years and each shall be eligible for reappointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed shall be appointed only for the remainder of the term. Members appointed by the President of the Legislature may be removed for cause by the President of the Legislature.
(c) The Committee shall elect one of the members who is not a health care provider as Chairman of the Committee.
(d) The Department of Health shall provide staff assistance to the Committee.
(e) It shall be the duty of the Committee to act upon every complaint which it receives from a patient concerning the quality of health care provided by a health care provider, in hospitals, in the territory. Every board in the territory responsible for licensing health care providers shall forward all such complaints from patients to the Committee. Patients who wish to file such a complaint may file the complaint directly with the Committee.
(1) All complaints submitted to the Committee shall be in writing. The Committee may furnish appropriate forms to the complainants to aid them in preparing their complaints.
(2) The Committee shall meet at the call of the Chairman; Provided, however, That the Committee shall meet at least bimonthly to consider any complaints which are pending before it.
(3) In carrying out its duty to act upon each complaint, the Committee shall communicate with the health care provider and attempt to resolve the complaint. The Committee shall request from the health care provider all records which are necessary in order to investigate and evaluate the complaint.
(i) The Committee shall inform the appropriate licensing board of the failure of a health care provider, other than a hospital, to comply with a request for information. The licensing board shall institute disciplinary proceedings and take appropriate disciplinary action which may include suspension or revocation of the health care provider's license.
(ii) Upon completion by the Committee of its investigation of a complaint, it shall file a report containing its findings and recommendations with the appropriate licensing board and a copy of the report with the Commissioner of Health, except if the health care provider is a hospital, said report shall be filed with the Commissioner of Health and a copy with the Director of Hospital and Medical Services; Provided, That thirty (30) days before the report is filed the Committee shall forward a copy of the report to the health care provider and the complainant who may submit written comments concerning the report to the Committee. Said comments shall be attached to the report and filed with the report.
(iii) The Committee may suspend or revoke the hospital privileges of a health care provider for cause shown in its report.
(iv) The Commissioner of Health shall maintain a permanent, central file of these reports submitted by the Committee.
(v) The reports by the Committee shall not be considered public records under 3 Virgin Islands Code, chapter 33; Provided, however, That the complainant and the health care provider who is the subject of the complaint, or their representatives, shall be allowed to inspect the record.