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  <front>
    <journal-meta>
      <journal-title-group>
        <journal-title>June</journal-title>
      </journal-title-group>
    </journal-meta>
    <article-meta>
      <title-group>
        <article-title>Ontology of Healthcare Compliance based on Just Culture Paradigm</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Cristine Grifo</string-name>
          <email>cristine.grifo@unibz.it</email>
          <xref ref-type="aff" rid="aff0">0</xref>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Juliana Castello</string-name>
          <email>jjbcastello@gmail.com</email>
          <xref ref-type="aff" rid="aff1">1</xref>
          <xref ref-type="aff" rid="aff2">2</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Conceptual and Cognitive Modelling Research Group (CORE), Free University of Bolzano</institution>
          ,
          <country country="IT">Italy</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>Just Culture theory as</institution>
        </aff>
        <aff id="aff2">
          <label>2</label>
          <institution>Vitoria Law School (FDV)</institution>
          ,
          <country country="BR">Brazil</country>
        </aff>
      </contrib-group>
      <pub-date>
        <year>2021</year>
      </pub-date>
      <volume>25</volume>
      <issue>2021</issue>
      <abstract>
        <p>In the last years, the society has been changing in its way to face the idea of human failure, proposing new approaches to minimize it. Thus, a retributive culture is being replaced by a restorative culture taking into account a paradigm of measuring and vindicating human failures in organizations. In this paper we present the first steps of the ontology of healthcare compliance based on well as on the relation-based ontological theories. The method applied to develop the ontology is SABiO, which permits to develop the artifact in cycles. In order to maintain consistency and coherence in the modeling of this domain, we ground the ontology on a foundational ontology called Unified Foundational Ontology (UFO) as well as on a legal core ontology called UFO-L. The results of the first cycle presented in this paper are: 1) the ontology-based conceptual modeling, 2) the nonfunctional requisites; and 3) the competency questions (QCs). In order to verify the ontology built, we have instantiated a small real case.</p>
      </abstract>
      <kwd-group>
        <kwd>compliance</kwd>
        <kwd>just culture</kwd>
        <kwd>ontology</kwd>
        <kwd>UFO</kwd>
        <kwd>UFO-L</kwd>
        <kwd>healthcare</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>1. Introduction</title>
      <p>
        In recent years, there has been a change from a retributive culture to a restorative culture (also
called just culture) in the paradigm of measuring and vindicating human errors in organizations.
This approach has been applied in healthcare compliance and other industries that deal with
security, such as: aviation [
        <xref ref-type="bibr" rid="ref1">1</xref>
        ], nuclear energy [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ], and others.
      </p>
      <p>There are profound diferences between the two cultures. In a just culture paradigm (or
restorative culture) the aim is the restoration of the trust between the agents involved in the
relationships, which may have been negatively impacted by some failure [3]. The just culture
seeks to understand, in the face of a security breach, what was the error of the organizational
process and who sufered (or potentially would sufer) the injuries. In this paradigm, it is
assumed that most errors are a sequence of failures in the organizational workflows. The
focus is on finding the reasons for the failure and how the organization as a whole can change
to minimize the occurrence of failures or to prevent their recurrence. In this context, the
communication of errors is motivated using a trustworthy process.
https://br.linkedin.com/in/cristine-griffo (C. Grifo); https://br.linkedin.com/in/juliana-justo-castello (J. Castello)
© 2021 Copyright for this paper by its authors. Use permitted under Creative Commons License Attribution 4.0 International (CC BY 4.0).</p>
      <p>On the other hand, the retributive culture is based on violation of rules, individual liability,
and the gradation of the penalty to be applied according to the individualized error. The focus
is on punishing individualized conduct. Because that, frequently, mistakes are covered up by
the fear of punishment and the communication is mitigated.</p>
      <p>With the paradigm shift, the representation of the new paradigm also changes. In this context,
conceptual models, such as the latent failure model proposed by Richard Cook [4] is a perspective
to perceive human errors with focus on decreasing errors and not the focus on finding a culprit.
In Computer Science perspective, this type of model can be represented using an ontological
approach. An advantage of the use of the ontological representation is the semantic enrichment,
which does not found in isolated information-oriented approaches.</p>
      <p>Despite the use of ontology-based approaches in the modeling of compliance domain and
security, the just culture paradigm is not widely applied in the building of ontologies. Another
point scarcely explored it is the use of foundational ontologies to ground ontologies of
compliance. In order to propose a solution to these gaps, we propose an ontology of compliance for
healthcare-domain based on the just culture paradigm combined with the use of a foundational
ontology to prevent the ontological problems highlighted by Guizzardi’s work [5]. Additionally,
to represent normative relations we applied the legal aspects layer of UFO (UFO-L) [6].</p>
      <p>We advocate that our approach can bring 1) greater clarity about the ontological nature of
failures on healthcare environment; and 2) an ontological model for healthcare compliance
more consistent for being based on well-founded formal ontologies. Focused on it, this paper
aims to propose a preliminary ontology for the field of healthcare compliance based on the
just culture and grounded on Unified Foundational Ontology (UFO) [ 5] / UFO-L [7]. With
the advancement of this research, we intend to pave the way to build systems able to prevent
failures in organizational processes in the healthcare domain.</p>
      <p>This paper is structured in five sections. Section 2 presents a background on organizational
morality, healthcare compliance, just culture, and ontologies. Section 3 introduces the first
lines of the building of an ontology of healthcare compliance based on just culture. Section 4
ofers a brief discussion on the results and related works. Section 5 presents a real case and its
instantiation in the ontology built. In Section 6, we present the final considerations and future
works.</p>
    </sec>
    <sec id="sec-2">
      <title>2. Background</title>
      <sec id="sec-2-1">
        <title>2.1. Organizations: Moral Autonomy</title>
        <p>Organizations are moral agents, paraphrasing French [8]. They have moral autonomy regardless
of the individual morality of their members. Although the concept of organizational moral
and organizational autonomy are not the main subject of this work, they are related to the
organizational behavior and compliance.</p>
        <p>The organizational autonomy leads to the study of the organization’s culture, which is not
confused or reduced to the culture of the individuals who are part of the organization. The
organization’s culture is an independent variable in the equation of non-conforming and harmful
acts caused by the interaction between the organization, practitioners, and external agents.</p>
        <p>According to [8], every organization is formed by an internal decision structure, composed
of (i) organizational flowchart, which outlines the spheres of decision and power and (ii)
presupposed and fundamental rules of decision, usually called corporate policies, which guide
decision-making process made by corporate agents. It is possible to say that the organization has
body and soul, that is, it has physical structures of power and internal organization but it also
has values and policies to be observed. Both organizational body and soul are not confused, nor
they are reduced to individuals, who are part of the organization. Agents (partners, suppliers,
employees) of an organization can change over time, without substantially altering the standards
of the decision-making process and the ethical principles of the organization. In this line of
reasoning, an organization could be ethical or unethical. For this reason, the organizational
culture can be considered a variable in causing accidents and in any other harmful event, i.e., in
any other kind of event practiced in non-conformity way with the organization’s policies.</p>
        <p>The organization’s moral autonomy is not, however, a peaceful idea in the theoretical field.
On the contrary, authors asseverate that organization’s moral autonomy is a misconception
notion because organizational autonomy cannot be separated from individual autonomy in
view of the fact that autonomy is related to intentionality. For these authors, intentionality is
inherent in individuals and not in artificial organisms [ 9]. In this context, [9] defend that there
are three conditions to exist moral agency autonomy: 1) autonomy, 2) intention, and 3) action.
Thus, in his point of view, an organization to have moral autonomy should have independent
intentions from the corporate members in order to act with moral autonomy.</p>
        <p>In any case, this divergence is related to the organization’s responsibility, regardless of
its members. The controversial question is: can a company be held responsible, even if its
individuals are not held responsible? This is at the heart of the divergence. Despite the
divergence, the idea that the organizational context has an influence on individual action is not
abandoned, and it keeps interest in the investigation of just culture and its importance in the
healthcare compliance.</p>
      </sec>
      <sec id="sec-2-2">
        <title>2.2. Healthcare Compliance and Just Culture</title>
        <p>Healthcare compliance is defined as the process of following norms, regulations, and policies
towards to the patient healthcare, the privacy of patient data and information, and billing
practices among other issues. The just culture paradigm can be applied to healthcare compliance,
as well as to industries that deal with security. The just culture can also be called a fair culture,
a learning culture, restorative culture, and reporting culture.</p>
        <p>The goal of the just culture is to find the flaws of the organization, so that the triggers that
contributed to the event are remedied and do not recur, thus creating an ethical and safety
environment. The organization’s main approach, in the face of a failure, should be to restore
the ethical, the safety and quality standards of service provision. In that sense, the most severe
penalties should be reserved for those situations of gross errors, malpractice, negligence or
imprudence of the employees, that is, those situations in which, weighing organizational factors
and individual factors, the last ones were that most influenced the result.</p>
        <p>This is a trend towards organizational compliance due to the change of society itself and
its regulatory systems. This change starts from a society that was based on closed regulatory
systems of conduct to open regulatory systems since it is understood the impossibility to predict
and regulate all human behavior. In this sense, the concept of just culture is associated to a value
and the main contribution that this value brings is the understanding that compliance is not
police power 1. Compliance is not primarily intended to bring punishment when investigating a
failure or at least it should not. Compliance is not Internal Afairs; they are not synonyms. The
reason for this is that punishment does not change the organization, does not change behavior
and, therefore, does not solve the problem which generated the failure or risk.</p>
        <p>According to Dekker [3], failures are a combination of numerous factors and circumstances.
The accident or failure stems much more from the complexity of the activity, from the
multiple players and from the dynamics of imperfect systems, than from malevolent and reckless
individuals, who deliberately or culpably violate rules. Also, he dismantles the theory of the
bad apple, which asserts that errors are a consequence of erroneous or irrational decisions, that
is, those that would not be taken by a highly competent professional in possession of all the
information and means necessary to reach the correct decision.</p>
        <p>For that reason, from the perspective of just culture, diferent flaws deserve diferent
consequences. Honest mistakes deserve assistance and research on the triggers that led to the failure.
Risky behavior - not previously authorized - requires mentoring, advice and warning. Gross
errors and malicious activities require discipline and eventual notification to the regulatory
bodies. A just culture recognizes that there are honest mistakes, which are triggers of the very
form of organization; it recognizes that competent professionals also fail, and use this to create
a culture of learning and information. Thereby, the proposal is not to end accountability, but to
transform it. In this way, individuals who make mistakes report failures and take responsibility
for correcting the procedures that culminated in the harmful event, reserving punishments for
those justified hypotheses.</p>
        <p>For the just culture, the occurrence of the error is not linear, but results from the interaction
of individual and organizational variables. In this line of reasoning, the “latent failure model”
more accurately explains the triggers of a harmful event. An example of this is an experience
related by [11], in which some researchers, in 1947, wanted to get a better visualization if the
design and location of cockpit controls of an airplane influenced the kinds of errors that pilots
made. In the survey, they did a series of interviews with pilots, in order to do an inventory
of the most common mistakes. They concluded that it is possible to eliminate a significant
number of ’pilot-error’ accidents redesigning the cockpit controls conform suggested by pilots
interviewed.</p>
        <p>The basic idea is that this new paradigm avoids putting people on the defensive, making
them part of the failure resolution and restoring the ethical and safe environment. According to
Dekker [11], ”people will cover up, not tell you things, change or leave out inconvenient details.
The key is holding people accountable without invoking defense mechanisms”.</p>
        <p>However, there are criticisms against just culture paradigm. One of them is that this kind of
categorization does not invoke higher-order structure(s), such as culture, medical competence
hierarchy, history or social moral to account for the emergence of moral judgments within
healthcare practice. Another criticism is that the model of just culture empties the value
of individual punishment, which disrespects both patients and providers [12]. Under this
perspective, the individual punishment is good and it is a way to restore the social balance and
1For a greater understanding of what police power is, we refer the reader to [10]
moral status after a wrongdoing disturb.</p>
        <p>Notwithstanding the arguments against the just culture model, what is sought is not to
soften responsibility in the hospital-patient relationship. This responsibility, moreover, is
not defused. What is sought in the just culture model is to analyze why there was a failure.
Obviously, as previously mentioned, this model does not focus on behaviors directed by the
health professional’s intentionality (malicious behavior), but it focus on a behavior that, in
some way, was vitiated by failures in the organizational protocols. With this, the model aims to
solve flaws in organizational workflows and, thus, helps to prevent the same failures by other
professionals.</p>
      </sec>
      <sec id="sec-2-3">
        <title>2.3. Ontologies</title>
        <p>In Computer Science, ontologies are used to represent categories that are countenanced to
exist in a conceptualization of a given domain [5]. Foundational ontology is a sort of ontology
defined as a domain-independent ontological system of categories, which should be built with
the explicit support of theories of Formal Ontology and Philosophy. Moreover, in the particular
case of the so-called descriptive foundational ontologies, theories from areas such as cognitive
science and linguistics should also be seriously considered [5].</p>
        <p>An example of foundational ontology is Unified Foundational Ontology (UFO) [ 5] based on
several research areas such as: Formal Ontology, Cognitive Psychology, Linguistics,
Philosophical Logics, but also based on empirical and theoretical results from the area of conceptual
modeling in Computer Science. UFO has three basic layers: (i) UFO-A (ontology of endurants),
which includes a system of categories, such as universal, individual, relator, role; (ii) UFO-B
(ontology of perdurants), which relates temporal aspects by means of categories, such as event,
situation, fact; and (iii) UFO-C (ontology of social aspects) built based on UFO-A and UFO-B as
set social concepts such as social agent, social role, normative description, among others.</p>
        <p>In this work, we apply UFO to ground the ontology of healthcare compliance. Additionally,
we also applied a legal core ontology called UFO-L [6] to represent the normative relations
of the healthcare compliance ontology. UFO-L is based on a relational legal theory proposed
by Alexy [13] that represents legal relations in a triadic mode, unlike legal theories based on
deontic logic that represent legal relations through monadic commands (it is obligatory, it is
permitted, it is forbidden). In the next subsection it is presented a brief of UFO-C and UFO-L.
For more details of these UFO layers, we recommend the following works: [5], [6], and [14].</p>
        <sec id="sec-2-3-1">
          <title>2.3.1. UFO-C and UFO-L: social and legal aspects</title>
          <p>UFO-C [14] is an ontology of social aspects built on UFO-A and UFO-B. One of the theories
used to base UFO-C was Searle’s theory of intentionality, which is applied in the construction
of the social ontology [15]. Searle asseverates that a social reality is set of representations of
physical facts built by human beings with the aim to better communicate.</p>
          <p>In UFO-C, there are concepts of acting and non-acting substances. Acting substances, called
agents, are substantials that promote some type of action on non-acting substances denominated
objects. Both agents and objects are classified into physical or social. In this way, there are
physical agents, social agents, physical objects, and social objects. A social object that stands out
in this ontology is a normative description, which can be understood as norms (social or legal
norms) recognized by social agents. In addition, normative descriptions define social roles, social
rolemixins, and social objects.</p>
          <p>A relevant ontological statement for this research is that agents bear moments [5]. A moment
is an endurant that cannot exist by itself. For instance, John’s fever, Mary’s belief that she got
the right medicine; Marc’s intention to administer the right medication to the patient; or Ann’s
right to privacy.</p>
          <p>Moments specialize in intrinsic moments and relational moments (or relators). Intrinsic
moments are categorized as intentional moments and externally dependent moments. In turn,
intentional moments are specialized in mental moments, which are moments that do not surpass
an agent’s sphere, such as: belief, desire, and intention 2 and social moments (Figure 1).</p>
          <p>Intentional moments may lead agents to take certain actions aiming to satisfy that first
intention. Among these actions are speech acts defined in UFO-C as a communicative act and
based on the theory of the social reality construction [15]. For example, a person’s desire
(mental moment) to enroll in a university course may lead him/her to study for an admission
examination and, with approval, to enroll (relator) in an undergraduate course. In this case,
a mental moment took an agent to perform specific actions that, in the end, created a social
relator (an university enrollment).</p>
          <p>Social Moments are types of intentional moments bear by agents. As Figure 1 shows, claims
and commitments specialize social moments. Also, social moments are parts of social relators,
which are founded by events. Thus, for example, when John promises to help Mary with her
homework, the speech act ”I promise...” founds the social relator Promise between John as Mary’s
friend and Mary as John’s friend. This social relator is composed of pairs of social moments
2The concept of intentionality used in this paper is the concept given in [16] as more than “intent something”,
i.e., as “the capacity of certain properties of certain individuals to refer to possible situations of reality”. For instance:
the nurse’s intention to administer the medicine prescribed by the doctor
(claims and commitments) each one inherent in a social role and externally dependent on the
other. In the example, John has a commitment to help Mary in her homework and Maria has
the claim to ask John for help with her homework.</p>
          <p>In healthcare compliance context, certain social moments will exceed the limits of social
organization and reach the legal reality. For instance, the Hospital Santa Clara’s commitment
to ensure the compliance with federal rules is an instance of social moment that reach the legal
domain.</p>
          <p>UFO-L is a legal core ontology grounded on UFO and based on Robert Alexy’s Theory of
Constitutional Rights [13]. In UFO-L, legal entities are categorized as legal individuals and legal
universals, considering UFO categories. Legal individuals specialize in legal abstract individual
and legal concrete individual. Examples of legal individuals are legal relators and legal agents. In
turn, Legal universal is a specialization of universal and specializes in universal legal event and
substantial legal universal.</p>
          <p>A key notion in UFO-L is legal relation. Legal relation is defined as a bond between agents
who are in legal positions 3. An agent who is in a legal position plays a legal role. Legal roles
are specializations of social roles played by categories of legal agents. Legal roles are defined,
prescribed, and assigned to agents or group of agents by legal norms. In the last example,
Hospital Santa Clara, who has a duty to compliance with federal norms, is an instance of legal
agent who plays a legal role called in UFO-L duty holder.</p>
          <p>UFO-L has a catalog of legal patterns for representing legal relations based on UFO patterns4.
Figure 2 shows the Right-Duty to an Action legal pattern.</p>
          <p>Below, we present a brief summary of the categories of UFO-L that appear in the diagrams in
Subsection 3.2.2 5.</p>
          <p>3Legal position is a term used by Robert Alexy to describe rights, duties, permissions, liberties, powers, etc.
4For more details, see [6], Chapter 6.</p>
          <p>5We recommend the reading of [18] and [6] for further details.
is a legal normative description sub-categorized in rules and principles. A
principle is every norm that has a degree of optimization based on a degree of
factual possibility and a degree of legal possibility [11]. At its turn, a rule is a
determination that is either satisfied or is not satisfied.
it is the form of a legal norm. A legal entity is defined by one or more Legal
Normative Description (e.g. the text of a statute, constitution, and contract).
it is an individual - human being or not - capable of acquiring rights and
contracting obligations. For instance: persons, companies, associations, societies
and foundations. Legal agents act by creating, modifying or extinguishing
legal relations.</p>
          <p>Agentive Legal In- the set of Legal Agents, which play legal roles and form a whole, is called an
stitution Agentive Legal Institution, which is a specialization of Social Agent. Agentive
legal Institutions are defined by Legal Normative Descriptions. It is by means of
Legal Normative Descriptions that Legal Agents prescribe conducts or powers
to others Social/Legal Agents or bind to other Agents creating legal positions
in normative texts (for example, the contract between two companies). Agents
recognize the Legal Normative Descriptions prescribed and submit to them.</p>
          <p>Legal Role
Legal Relator
legal agents play legal roles in a legal relation. Legal roles are specializations
of social roles and, therefore, they are sortal types, anti-rigid and relationally
dependent [5]. Legal roles are defined by legal normative description, which
expresses a legal norm.
is a reification of a legal relation between roles played by agents. Every legal
relator presents the following elements: i) a legal agent (or addresser) with a
claim in a narrow sense; ii) another legal agent (or addressee) with a burden
in a wide sense; and iii) a defined object, i.e., a subjective action (or omission)
of the addressee; and iv) a link that binds the legal actors. Legal Relators can
be of two types: simple legal relator and complex legal relator. The first one
The first one represents the reification of legal relations between substantials
possessing the following externally dependent legal moments: right-duty;
permission-no-Right; legal power-legal subjection; and disability-immunity.</p>
          <p>On the other hand, complex legal relator are composed of legal relators. Thus,
Liberty relator is a type of complex legal relator. It specialized in unprotected
liberty relator - composed of permission-noRight relators; and protected liberty
relator - composed of unprotected liberty relator and right-duty relator.</p>
        </sec>
      </sec>
    </sec>
    <sec id="sec-3">
      <title>3. An Ontology of Healthcare Compliance</title>
      <sec id="sec-3-1">
        <title>3.1. Method</title>
        <p>Concepts and relations represented in the ontology of healthcare compliance are based on the
background presented in Section 2. For building the first iteration of the ontology, the systematic
approach called SABiO [19] was applied. The following SABiO phases were performed: 1)
Identification and elicitation; and 2) Ontology capture and formalization.</p>
      </sec>
      <sec id="sec-3-2">
        <title>3.2. Results</title>
        <sec id="sec-3-2-1">
          <title>3.2.1. Phase 1 - Identification and Elicitation - First Iteration</title>
          <p>Initially, we defined the purpose and the intended uses of the ontology (Table 2). Our focus is
on representing the social and legal relations that exist in the domain of healthcare compliance.</p>
          <p>Provide a consensual conceptual model on various types of social and legal
relations in a context of healthcare compliance of an organization, applying
the just culture paradigm
Provide an ontology-based conceptual modeling to implement healthcare
compliance systems. Stakeholders: hospital administrators and staf in general</p>
          <p>Based on both purpose and intended use, we identified the first nonfunctional requirements.
Table 3 presents some of them. Nonfunctional requirements (RNF) are aspects of the system
related to quality, completeness, consistency, security, reliability, performance, maintainability,
scalability, and usability [20].</p>
          <p>Requirement Type
consistency
consistency and
completeness
quality
RNF01 Application of just culture paradigm
RNF02 The ontology must consider the UFO/UFO-L categories
RNF03 The ontological building process must follow the approach</p>
          <p>SABiO
RNF04 The ontological building process must reuse an existing well- quality, usability, and
founded core ontology of value reliability
RNF05 The ontological building process must reuse an existing owner- quality
ship ontology</p>
          <p>In addition, we identified some competency questions that the ontology should be able to
answer (Table 4). Competency questions are functional requirements that deal with questions
as ”what” the ontology represents. Each competency question is answered in the sub-ontologies
identified in the column Sub-Ontology.6.</p>
          <p>To conclude the phase 1, we identified five sub-ontologies necessary to support the ontology
of healthcare compliance. The modularization approach allows the building in modules that
will facilitate the development of the system.</p>
          <p>6I-SO: Incidents; HC-O: Healthcare Ontology; HWC-SO: Ontology of Healthcare-Work Contracts; B-SO: Behavior
Sub-Ontology; D-SO: Deliberation Sub-Ontology
What are the types of organization’s workflows and their HC-O, OA-SO, HO-SO,
actions? B-SO:
Which types of workflow/organizational event resulted in an I-SO, HC-O, OA-SO,
incident type? HO-SO, B-SO
What day of the week / time did incident occur? I-SO
How long had healthcare practitioner been working on the I-SO, HC-O, HWC-SO
day of the incident?
Who was on the incident scene? I-SO, HWC-SO, HC-O
What are incident decisions and decision-making agents? D-SO, I-SO, HC-O
What were the organizational policies and legal norms vio- I-SO, HWC-SO, HC-O,
lated by the incidental event / action? B-SO</p>
        </sec>
        <sec id="sec-3-2-2">
          <title>3.2.2. Phase 2 - Ontology Capture and Formalization</title>
          <p>The Ontology of Healthcare Compliance (Figure 3) is focused on organizational relations
(Organizational Failure and Incident Relation in yellow color; and Organizational Work in gray
color). Organizational failures are specializations of social relations called Organizational
Work. An organizational work is a relation between a healthcare professional (individual or
organization), who works in a healthcare organization; and an healthcare organization (Acting
Health Organization), who employs health professionals. The organizational work is based on
complex organizational events (Organizational Event). For example, treating a patient, screening
patients, buying a drug, etc. When there is a failure in an organizational work, then this relation
is called Organizational Failure.</p>
          <p>An organizational failure is a relation between a professional and a healthcare organization,
both ones in a failure situation (Practitioner in Failure and Acting Organization in Failure). A
failure event (Incidental Event) is the foundation of a failure relation. This failure relation will
result in an incident relation between the healthcare organization in failure and a person (or
persons) who sufers (or would sufer) some type of damage from the failure ( Victim). Also, the
organizational failure will result in an event that will report the failure. There is a communicative
act (Incident Declaration) that defines what is an incident.</p>
          <p>In Healthcare Organization sub-ontology (Figure 4), there are four relations: 1) Legal
Compliance Relation-Organization; 2) Legal Compliance Relation-Individual; 3) Organizational
Policy Proposition-Relation; and 4) Value Proposition-Relation.</p>
          <p>The Legal Compliance Relation-Organization is a relation between the Healthcare Organization
and an Exogenous Legal Agent categorized in UFO-L as an Agentive Legal Institution (e.g. a
country’s parliament, a state assembly, or a professional public council). Thus, a legislative
institution can impose (or prescribe) compliance relations by means of types of relations of
power and subjection for healthcare organizations, which are in the role of organizations that
complies with legal norms (Health Organization as Legal Normative Compliant). There is a
constraint here that is not explicit in the model: it is that both the healthcare organization and
the legislative institution are specializations of Legal Institution, but are necessarily disjoint.
The same type of relation of power and subjection occurs between the healthcare professional
(Health Practitioner as Legal Normative Compliant) and Exogenous Legal Agent.</p>
          <p>The Organizational Policy Proposition-Relation, however, is diferent. It occurs between the
healthcare professional and the healthcare organization. In this relation, the power holder to
provide a policy of compliance is the healthcare organization (Health Organization as
Organizational Policy Provider ) while the healthcare practitioner must submit to it once it is in the role
of subject holder (Health Practitioner as Organizational Policy Follower ).</p>
          <p>Finally, the Value Proposition-Relation it is a relation between the health practitioner (in the
role of recipient of organizational value proposition) and the healthcare organization (in the role
of provider of the value proposition). In this relation, the Value Proposition Recipient receives
the organizational values provided by Value Proposition Provider through protocols, guidelines,
strategic plans, good practices, etc.</p>
          <p>In Organizational Actions sub-ontology, there are two types of actions without incidents:
compliance actions (Compliance Action) and conformance actions (Conformance Action).
Conformance actions are those actions performed by health practitioner and health organization
that observe organization’s standards, policy, values, strategic planning and protocols. On
the other hand, compliance actions are those that observe public norms prescribed by some
state agency (e.g. parliament, public professional councils, etc.). These public norms can be
directly related to healthcare, such as the healthcare law, or indirectly, such as example, GDPR
law and the billing practice law. The category of healthcare-related public norms (Legal Norm
Related to Health) extends the UFO-L concept of Legal Normative Description, just as Acting
Health Organization extends the concept of Agentive Legal Institution (which, in turn, extends
the UFO-C concept of Institutional Agent).</p>
          <p>Acting Health Organization participates in incidental events, which are events carried out
by the organization that have some result outside either organizational norms or legal norms.
Healthcare organizations in a relation of employee-employer (in a wide sense), i.e., in an
organizational work can make incidents. In this case, these actions are called as Organizational
Incidental Action.</p>
          <p>A first ontological conception for an incident is presented in sub-ontology of Incidents
(Figure 6). Incident is some result in organizational relations that is either in non-conformance
to the organizational policies or in non-compliance with legal norms (or both). The nature of
an incident is relational.</p>
          <p>Organizational events are defined as incidental events when they produce organizational work
with some failure (Organizational Failure). This organizational failure will result in an incidental
relation (Incident Relation) between the health practitioner and the health organization as well
as between the health organization and the victim. Incidental relations can be a ”near miss”, an
incident or a fatal incident.</p>
          <p>Occupational Safety and Health Administration (OSHA) defines a near miss as ”an incident
in which no property was damaged and no personal injury was sustained, but where, given a
slight shift in time or position, damage or injury easily could have occurred” (e.g. a medication
is prescribed without doing the patient’s anamnesis) [21]. In turn, an accident is ”the occurrence
in a sequence of events that produces unintended injury, death, or property damage. Accident
refers to the event, not to the result of the event (see preventable injury)” [22]. OSHA has
suggested replacing the term accident with the term incident. Nowadays, the public health
community has been using the term “incident”. Finally, a fatal incident is an incident that results
in one or more deaths within one year of the incident.</p>
          <p>An Incident relation is defined in a communicative act called ( Incident Declaration) resulting
from a decision on incidents (Deliberation on Incident) carried out by an organization based on
public and organizational norms.</p>
          <p>Sub-ontology of Deliberation Relations - Deliberations on incidents are relations between
agents who play the role of decision-makers (power holders) and agents who submit to these
decisions (subject holders) (Figure 7). The decision to classify an event as an incident results in a
communicative act (Incident Declaration). All deliberations about incidents are based on events
occurring in a certain period of time. Related agents are: 1) Declarant Entity as Social Power
Holder, which may be external to the healthcare organization (e.g. an audit firm) or a security
council within the organization itself; and 2) Acting Health Organization as Social Subjection
Holder, which is one that plays the role of an healthcare organization that has made a failure.
Agents who play the role of declaring incidents bear a social power. On the other hand, agents
who play the role of failing organization submit to this power.</p>
          <p>In Behavior sub-ontology (Figures 8 and 9), behavior is defined as a bundle of actions
performed by agents in scenarios. These actions are caused by moments. In these scenarios
there are relations between agents (e.g. nurse and patient; hospital and patient). Healthcare
practitioners are members of a Health Organization that is the reason practitioners’ behavior
when occurred in the work relation composes the organizational behavior. This sub-ontology
was based on UFO-C, therefore, an Organizational Action extends an Action as well as a Healthcare
Practitioner extends a Agent. When a practitioner plays the role employee his/her behavior
compose the organizational behavior of a Acting Healthcare Organization.</p>
          <p>In Behavior sub-ontology, an organizational behavior is composed of organizational actions
resulting of both flawed organizational workflows and correct organizational workflows. Also,
it is composed of health professionals’ behaviors related to organizational work.</p>
          <p>Incidental actions occurred in a healthcare organization can be caused by both flawed
organizational workflows and agentive failures. Some agentive failures are related to flawed
organizational workflows. Agentive failures are related to health professional’s behaviors in
organizational work relations. For each factor causing the incident there is a gradation of
responsibility. Thus, it is possible to identify where the failures are and how to eliminate them.</p>
        </sec>
      </sec>
    </sec>
    <sec id="sec-4">
      <title>4. Instantiation of a real case</title>
      <p>Case:7 two nurses (Marc and Mary) select the same type of wrong bottle of intravenous
medication in the Santa Clara Hospital’s pharmaceutical distribution system. Marc prepares
the medication and administers it to John, causing cardiac arrest. Mary almost makes the same
7We used fictitious names.
failure, but before she administers the medication she realizes the error when seeing the bottle
next to the bed [23]. How should the hospital investigate and address these incidents?</p>
      <p>In the investigation, it was observed that both bottles (with the right medication (1) and the
wrong medication(2)) had the same shape, the same color, the same label design.</p>
      <p>Marc failed in the organizational work performed at Santa Clara hospital by selecting the
wrong medication for medical protocol applied to patient John. This failure occurred because
in the scenario analyzed (Figures 9 and 10) he did not realize that medication bottles (1 and 2)
for diferent protocols had the same shape, color and similar labels design, which led him to
error (instance of Flawed Organizational Workflow) . Because of this, patient John sufered a
cardiorespiratory arrest when the medicine was administered by Marc (instance of Incident).
Also Mary failed in the same scenario, but in this situation, Mary realized the failure before
administering the medication to patient Paul (instance of instance of Near Miss) (Figure 10).</p>
      <p>Marc’s belief that he selected the correct bottle leads him to administer the wrong medication
to the patient John. Marc’s intention was to administer the correct medication to patient John,
but his action caused an agentive failure. This agentive failure, however, is related to a flawed
organizational workflow (Both medication bottles - 1 and 2 - used in diferent medical protocols
have the same shape, the same color, and the same label design).</p>
    </sec>
    <sec id="sec-5">
      <title>5. Discussion</title>
      <p>The aim of this work was to represent the organizational compliance in a healthcare context,
placing the organizational failure rather than the individual failure at the center of analysis
of incidents. We applied the foundational ontology UFO (in particular, UFO-C and UFO-L)
successfully, although a core ontology of organizations such as [24], [25] could bring more
concepts about organizational structure. During the ontology engineering, we observed that
healthcare organizations play several roles in a context of compliance. Because that, we decided
to include in the second iteration, a table of roles or categories of roles played by agents. The idea
is to cross roles and relations with sub-ontologies in order to find if there is some role or relation
that we did not represent in the models. Also, we have realized the importance of reusing
an ontology of service / work contracts [18] once there are some aspects of organizational
compliance that deals with legal relations supported by contracts.</p>
      <p>Regarding the representation of organizational behavior, we have analyzed the reuse of
a well-founded core ontology of behavior. In the sub-ontology suggested in this paper, we
consider only basic elements, such as: agent, scenario and reaction. However, as a large number
of studies on organizational behavior point out, there are other elements that complete the
concept of organizational behavior (e.g. personalities, principles, accountability grades) [26],
[27], [28].</p>
      <p>Regarding the prevention of failures based on modeling incidents as proposed here, the
checking for failures in workflows through the ”near miss” case log, permits to reconstruct these
workflows, replacing the points where possible failures can occur. For example, if diferent
medication bottles have similar labels that can generate an incident, changing those labels or
changing storage would be some ways to alter the workflow and prevent further failures.</p>
      <p>Finally, in the behavior sub-ontology the concept of accountability has not been explored
deeply. There are some approaches on incident management such as ITIL [29] that manage
the incident life cycle in parallel with process flow, manage roles and responsibilities, good
practices an so on. This approach classify types of incidents and the aspects related to. On the
other hand, this approach does not use the just culture paradigm. A future investigation will be
combine the ITIL standards with our patterns to analyze the possibility to reuse some concepts
and relations from ITIL.</p>
    </sec>
    <sec id="sec-6">
      <title>6. Final Considerations and Future Works</title>
      <p>In this paper we have presented the first steps of an ontology of healthcare compliance based on
just culture paradigm. We applied an ontology engineering approach called SABiO to develop
the first iteration of the ontology. According to this approach, the next step is develop the
operational ontology and, then, implement it. However, considering the result obtained, a new
iteration will be necessary to include new concepts and relations. This can be done with the
ifrst iteration in progress in order to complete a cycle (including the prototyping phase).</p>
      <p>Regarding the limitations of the research, we point out the modest building of sub-ontologies
of organization, organizational action, and behavior in view of the existing theoretical framework.
A future work will be to raise research on the theory and computational representation of
healthcare organizations.</p>
      <p>Another limitation was the lack of formal verification of the models in the first iteration.
Considering the importance of this activity, a future work will be the verification of the models
in Alloy, proceeding to the other phases of ontology engineering.</p>
      <p>Other future works are planned, such as: modeling of other existing concepts in just culture
paradigm; application of ontologies in a sample of real cases; systematic study on existing
ontologies of values, and axiomatic formalization.
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