Section 449.97 - Applicability(a) Hospital preventable serious adverse events bulletin.--Nothing in this act shall require the Department of Public Welfare to alter, amend, revise or reissue any preventable serious adverse events bulletin relating to inpatient hospitals issued prior to the effective date of this section.(b) Department initiation.--Nothing in this act shall prevent the department of public welfare from developing, revising or amending a preventable serious adverse events bulletin upon consultation with health care providers.(c) Comment period.--Any modifications to the Department of Public Welfare preventable serious adverse events bulletins issued after the effective date of this section for a health care provider for a preventable serious adverse event shall require a 30-day public comment period.(d) Contracts.--Nothing in this act shall prohibit a health care provider and payor from establishing by contract any policies and procedures associated with serious preventable adverse events necessary to implement the provisions of this act.(e) Reporting.--(1) Except for health care providers under section 4 , health care providers shall include all applicable medical codes in making reports to the Health Care Cost Containment Council.(2) A preventable serious adverse event shall be reported under the requirements of the act of March 20, 2002 (P.L. 154, No. 13) , known as the Medical Care Availability and Reduction of Error (Mcare) Act.(f) Medicare payment.--Nothing in this act shall be construed to supersede Medicare payment policies where the services provided to the patient are paid for by Medicare. If Medicare denies payment based on a determination that a preventable serious adverse event has occurred, nothing in this act shall be construed to require medical assistance, any other department responsible for payment of a medical claim or a health payor to pay a claim for the event or services.(g) Medical assistance.--The bulletin issued by the department of public welfare shall apply to preventable serious adverse events for the medical assistance program.(h) Consultation by Department of Public Welfare.--Nothing in this act may prevent the Department of Public Welfare from consulting with any other agency or department that is responsible for payment of medical claims submitted for payment by a health care provider. 2009 , June 10, P.L. 1, No. 1, § 7, effective in 60 days [ 8/10/2009].