Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

12/28/2005 - 01/04/2006

 

New Legislative Entries

 

Florida H.G.O. 4

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+H.G.O.+4

 

Category:

Medical Records Privacy

 

Last Action:

01/03/2005 Filed

 

Synopsis:

The legislature finds that it is a public necessity that medical records or health records held by an agency be made confidential and exempt from public records requirements, with certain exceptions. Matters of personal health are traditionally private and confidential concerns between the patient and the health care provider. The private and confidential nature of personal health matters pervades both the public and private health care sectors. For these reasons, the individual's expectation of and right to privacy in all matters regarding his or her personal health necessitates this exemption. The legislature further finds it is a public necessity to protect a person's medical records or health records held by an agency because the release of such records could be defamatory to the person or could cause unwarranted damage to the name or reputation of the person.

 

Additional Information:

Full Text as Filed on January 3, 2005:

 

Section 1. Subsection (1) of section 119.0712, Florida Statutes, is renumbered as paragraph (g) of subsection (5) of section 119.071, Florida Statutes, and is amended to read: 119.071 General exemptions from inspection or copying of public records.--

 

(5) OTHER PERSONAL INFORMATION.-- (G)1. 119.0712 Executive branch agency - specific exemptions from inspection or copying of public records. --

 

(1) DEPARTMENT OF HEALTH. - MEDICAL RECORDS OR HEALTH RECORDS All personal identifying information; bank account numbers; and debit, charge, and credit card numbers contained in records relating to an individual's personal health or eligibility for health - related services held by AN AGENCY BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS EXEMPTION the Department of Health are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except as otherwise provided in this subsection.

 

2. MEDICAL RECORDS OR HEALTH RECORDS information made confidential and exempt by this subsection shall be disclosed:

 

A. (a) With the express written consent of the individual or the individual's legally authorized representative.

 

B. (b) In a medical emergency, but only to the extent necessary to protect the health or life of the individual.

 

C. (c) By court order upon a showing of good cause.

 

D. (d) TO A GOVERNMENTAL ENTITY IN THE PERFORMANCE OF ITS LAWFUL DUTIES AND RESPONSIBILITIES.

 

E. To a health research entity PERFORMING RESEARCH OF SCIENTIFIC MERIT , if the entity ENTERS INTO A DATA-USE AGREEMENT WITH THE AGENCY. THE DATA-USE AGREEMENT MUST PROVIDE THAT THE ENTITY WILL:

 

I. USE seeks the records or data pursuant to a research protocol approved by the AGENCY AND A HUMAN STUDIES INSTITUTIONAL REVIEW BOARD; department,

 

II. NOT PERMIT THE IDENTIFICATION OF PERSONS;

 

III. NOT USE THE RECORDS FOR ANY OTHER PURPOSE;

 

IV. NOT CONDUCT INTRUSIVE FOLLOW-BACK CONTACTS;

 

V. MAINTAIN Maintains the records or data in accordance with the approved protocol ;

 

VI. ACKNOWLEDGE THAT THE COPIES OF RECORDS ISSUED PURSUANT TO THIS SUBPARAGRAPH ARE THE PROPERTY OF THE AGENCY;

 

VII. DESTROY THE RECORDS AFTER THE RESEARCH IS CONCLUDED;

 

VIII. NOTIFY THE AGENCY IN WRITING ONCE THE ENTITY HAS DESTROYED THE RECORDS; , and

 

VII. PAY THE COPYING FEES PROVIDED FOR IN enters into a purchase and data - use agreement with the department, the fee provisions of which are consistent with s. 119.07(4).The AGENCY MAY department may deny a request for records IF THE REQUEST or data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, is administratively burdensome . , or does not have scientific merit.The agreement must restrict the release of any information that would permit the identification of persons, limit the use of records or data to the approved research protocol, and prohibit any other use of the records or data. Copies of records or data issued pursuant to this paragraph remain the property of the department.

 

3. This PARAGRAPH subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2011 2006 , unless reviewed and saved from repeal through reenactment by the Legislature.

 

Section 2. THE LEGISLATURE FINDS THAT IT IS A PUBLIC NECESSITY THAT MEDICAL RECORDS OR HEALTH RECORDS HELD BY AN AGENCY BE MADE CONFIDENTIAL AND EXEMPT FROM PUBLIC RECORDS REQUIREMENTS, WITH CERTAIN EXCEPTIONS. MATTERS OF PERSONAL HEALTH ARE TRADITIONALLY PRIVATE AND CONFIDENTIAL CONCERNS BETWEEN THE PATIENT AND THE HEALTH CARE PROVIDER. THE PRIVATE AND CONFIDENTIAL NATURE OF PERSONAL HEALTH MATTERS PERVADES BOTH THE PUBLIC AND PRIVATE HEALTH CARE SECTORS. FOR THESE REASONS, THE INDIVIDUAL'S EXPECTATION OF AND RIGHT TO PRIVACY IN ALL MATTERS REGARDING HIS OR HER PERSONAL HEALTH NECESSITATES THIS EXEMPTION. THE LEGISLATURE FURTHER FINDS IT IS A PUBLIC NECESSITY TO PROTECT A PERSON'S MEDICAL RECORDS OR HEALTH RECORDS HELD BY AN AGENCY BECAUSE THE RELEASE OF SUCH RECORDS COULD BE DEFAMATORY TO THE PERSON OR COULD CAUSE UNWARRANTED DAMAGE TO THE NAME OR REPUTATION OF THE PERSON.

 

Section 3. This act shall take effect October 1, 2006.

 

Status:

01/03/2005 Filed

 

Sponsor Information:

House Committee on Governmental Operations

 

Sponsor:

House Committee on Governmental Operations

 

 

 

New Hampshire H.B. 1723

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NH+H.B.+1723

 

Category:

Pricing

 

Last Action:

12/29/2005 Filed as LSR 2753

 

Synopsis:

This bill requires licensed health care providers and facilities to make available certain information relative to costs for services. The bill also requires the insurance department to establish unique numbers for each medical service and to make such information available on its website.

 

Additional Information:

Language as Prefiled on December 29, 2005:

 

1 New Subdivision; Health Care and Health Insurance Costs. Amend RSA 400-A by inserting after section 39-a the following new subdivision:

 

Health Care and Health Insurance Costs

 

400-A:39-b Health Care Cost Information.

 

I. Licensed health care providers, including hospitals, nursing homes and other facilities licensed under RSA 151, shall post or make available on their premises in a readily understandable form the (a) cash price they charge and (b) the average reimbursement rate they receive from insurance companies for each service or product they offer. Each provider subject to this section shall also send such information to the commissioner of the department of insurance. This paragraph shall not apply to pharmacies and other drug or medical product suppliers.

 

II. Health care providers shall report annually to the insurance department relative to the number of malpractice claims filed and the dollar amount of settlements made, whether based on court findings or out-of-court settlement and whether they were commercially insured or self-insured against such claims in any year in which there was at least one claim or settlement made. The insurance department shall make this information public after it protects the privacy of individual claimants from constructive identification.

 

III. The insurance department shall establish a unique number for each medical service. In order to facilitate comparison, the number shall be uniform among all providers of that service.

 

IV. The insurance department shall compile and make available on its website a searchable database so that a person seeking a particular service can:

 

(a) Determine its number;

 

(b) Search the database by number; and

 

(c) Sort the providers by geographic area and price.

 

V. On or before January 1, 2007, the commissioner of the department of health and human services shall make available to the public information on each insurer and health care provider, identified only by a unique number, participating in the comprehensive health care conformation system under RSA 420-G:11-a.

 

2 Insurance; Health Services Cost Data. Amend RSA 400-A:25, I to read as follows:

 

I. Unless otherwise provided by law, all records and documents of the insurance department are subject to public inspection pursuant to the right to know law, RSA 91-A. Notwithstanding the provisions of RSA 91-A, the commissioner may determine by order that it is in the public interest to make public additional records and documents or to hold certain records and documents confidential within the insurance department ; PROVIDED THAT DATA REQUIRED TO BE REPORTED UNDER RSA 400-A:39-B SHALL BE AVAILABLE UNDER RSA 91-A .

 

3 Effective Date. This act shall take effect 60 days after its passage.

 

HB 1723-FN FISCAL NOTE

 

AN ACT relative to health care and health insurance data.

 

Status:

 

12/29/2005 PREFILED.

12/29/2005 Filed as LSR 2753

 

Sponsor Information:

Neal M. Kurk (R-Majority)

 

Sponsor:

Kurk

 

 

 

Wisconsin A.B. 907

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+A.B.+907

 

Category:

Medical Records Privacy

 

Last Action:

12/29/2005 In ASSEMBLY. Amendment No. 1 offered.

 

Synopsis:

Relates to requiring a contract with a data organization for the collection, analysis and dissemination of health care claims information. Eliminates the Board on Health Care Information, the Interagency Coordinating Council and the Independent Review Board. Makes appropriations therefor.

 

Additional Information:

Digest as Introduced on December 29, 2005:

 

Under current law, the Department of Health and Family Services (DHFS) must collect, analyze, and disseminate health care information from health care providers other than hospitals and ambulatory surgery centers; in addition, the

 

Department of Administration (DOA) must contract with an entity to collect, analyze, and disseminate health care information from hospitals and ambulatory surgery centers. Both DHFS and the entity under contract with DOA must, from the data collected, prepare certain reports that do not permit the identification of a patient, an employer, or a health care provider. The Independent Review Board (Review Board) attached to DHFS must first review and approve release or sale by DHFS of certain health care information, including that which contains the name of a health care provider, includes a patient's month and year of birth, or contains data elements other than those available for public use data files.

 

Currently, the ninemember Interagency Coordinating Council (the Council), created in DOA, has numerous duties including advising and assisting state agencies in the coordination and exchange of information concerning programs that collect, analyze, and disseminate health care data. The Council must report twice annually to the Board on Health Care Information (the Board), and, in turn, DHFS and the Board must provide information on their activities to the Council. The 11-member Board, attached to DHFS, must advise DHFS on the collection, analysis, and dissemination of health care information; provide oversight on the reports issued by DHFS and the entity under contract with DOA; develop overall strategy and direction for health care information collection activities; and review and approve any rules that the Review Board proposes to promulgate. Activities of the Board and DHFS are funded from fees for performance of certain work under contract and from assessments that are annually levied on health care providers other than hospitals and ambulatory surgery centers. For health care providers that are not facilities, the assessments may not exceed $ 75 per fiscal year.

 

This bill authorizes the Department of Employee Trust Funds (DETF) and DHFS jointly to contract with a data organization to collect, analyze, and publicly report certain health care claims information from insurers and administrators, to develop and maintain a centralized data repository, and to provide to DHFS, without charge, health care claims information and reports requested by DHFS. (" Data organization," "administrator," and "insurer" are all defined in the bill.) As a condition of the contract, the data organization must include as voting members of its board of directors the secretaries of health and family services and employee trust funds, or their designees, and must provide certain matching funds. Beginning on the date that is 60 days after the contract takes effect, DHFS must cease collecting health care information for any calendar quarter after that date, and implementation of DHFS' rules for the collection of this health care information is suspended. However, the secretaries may modify or terminate the contract with the data organization if the secretaries determine that the data organization is not in compliance with the contract or determine that there is insufficient statewide participation under the requirements of the contract; if the secretaries terminate the contract, they must recommend to the Department of Administration (DOA) that DOA use a requestfor-proposals process to solicit offers from other organizations for performance of services required of the data organization. If no organization responds to the request for proposals or if a successor contract cannot be achieved, DHFS shall collect, analyze, and disseminate health care information from health care providers other than hospitals and ambulatory surgery centers, and DHFS' rules for doing so apply. Also, if the contract is terminated, DHFS may collect, analyze, and disseminate health care claims information voluntarily provided by insurers and administrators, or contract for the collection, analysis, and dissemination.

 

The assessments that currently fund activities of DHFS and the Board would, under the bill, fund the contract with the data organization or, if the contract is terminated, health care information collection, analysis, and dissemination activities of DHFS. The bill eliminates the prohibition on assessing health care providers that are not facilities more than $ 75 per fiscal year and, instead, requires that DHFS, if it proposes to increase the assessment for health care providers that are not facilities to an amount that exceeds $ 70 per fiscal year, obtain approval of the joint committee on finance of the legislature under a passive review process.

 

The bill eliminates the Board, the Review Board, and the Council on July 1, 2006.For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

 

Status:

 

12/29/2005 INTRODUCED.

12/29/2005 To ASSEMBLY Committee on HEALTH.

12/29/2005 In ASSEMBLY. Amendment No. 1 offered.

 

Sponsor Information:

Gregg A. Underheim (R-Majority)

 

Sponsor:

Underheim

 

 

 

Wisconsin S.B. 489

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+S.B.+489

 

Category:

Medical Records Privacy

 

Last Action:

12/27/2005 To JOINT SURVEY Committee on RETIREMENT SYSTEMS.

 

Synopsis:

Relates to access to medical records possessed by the Department of Employee Trust Fund. The bill clarifies the instances in which individual personal information, other than medical records, may be disclosed by the Department of Employee Trust Funds (DETF) and when medical records may be disclosed by DETF. Under the bill, the release of medical records is subject to different requirements from the release of other individual personal information.

 

Additional Information:

Language as Introduced on December 27, 2005:

 

SECTION 1. 40.07 (1) (intro.) of the statutes is renumbered 40.07 (1) and amended to read:

 

40.07 (1) Notwithstanding any other statutory provision, individual personal information in the records of the department is not a public record and shall not be disclosed , unless: EXCEPT AS PROVIDED IN THIS SECTION.

 

SECTION 2. 40.07 (1) (a) of the statutes is renumbered 40.07 (1m) (a).

 

SECTION 3. 40.07 (1) (b) of the statutes is renumbered 40.07 (1m) (b).

 

SECTION 4. 40.07 (1) (c) of the statutes is renumbered 40.07 (1m) (c).

 

SECTION 5. 40.07 (1) (d) of the statutes is renumbered 40.07 (1m) (d).

 

SECTION 6. 40.07 (1m) (intro.) of the statutes is created to read:

 

40.07 (1m) (intro.) Individual personal information, other than medical records, may only be disclosed by the department under any of the following circumstances:

 

SECTION 7. 40.07 (2) of the statutes is renumbered 40.07 (2) (intro.) and amended to read:

 

40.07 (2) (intro.) Notwithstanding sub. (1) medical MEDICAL records may be disclosed BY THE DEPARTMENT only when UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

 

(A) WHEN a disability application OR HEALTH INSURANCE CLAIM denial is appealed or under .

 

(B) UNDER a court order , OR ORDER OF A HEARING EXAMINER, THAT IS duly obtained upon PRIOR NOTICE TO THE DEPARTMENT AND a showing to the court OR ADMINISTRATIVE TRIBUNAL that the information is relevant to a pending court OR ADMINISTRATIVE action but medical information gathered for any one of the benefit plans established under this chapter may be used by any other benefit plan established under this chapter .

 

SECTION 8. 40.07 (2) (c) of the statutes is created to read:

 

40.07 (2) (c) Upon a written authorization that specifically identifies the medical records that may be disclosed, but only to the person who is the subject of the medical records or to the person's designee, except that this paragraph shall not apply to any medical records to which the person's access is otherwise prohibited by law.

 

SECTION 9. 40.07 (2m) of the statutes is created to read:

 

40.07 (2m) Medical information gathered for any one of the benefit plans established under this chapter may be used by any other benefit plan established under this chapter.

 

Status:

 

12/27/2005 INTRODUCED.

12/27/2005 To JOINT SURVEY Committee on RETIREMENT SYSTEMS.

 

Sponsor Information:

Joint Committee on Legislative Council - Law Revision

 

Sponsor:

Joint Committee on Legislative Council - Law Revision


 

Regulatory Report

 

 

Alaska

Title:

DISEASE CONTROL

 

 

Agency:

Department of Health and Social Services

 

 

Summary:

Amends rules to the Department of Health and Social Services. Interprets and makes specific the changes to state public health programs and authorities established in legislation. Addresses requirements for disease reporting, the control of communicable diseases and other conditions of public health importance including animal diseases transmissible to humans, informal review of medical orders confidentiality safeguards for identifiable health information contained in public health records, and the care and transportation of human remains.

 

Summary Comments:

Body of Notice: The Department of Health and Social Services proposes to

adopt regulation changes in Title 7, Chapters 27 and 35 of the Alaska

Administrative Code, to interpret and make specific the changes to state public

health programs and authorities established in legislation at Chapter 54 SLA

2005 and codified at AS 18.05 and AS 18.15. These proposed regulations will

address requirements for disease reporting, the control of communicable diseases

and other conditions of public health importance including animal diseases

transmissible to humans, informal review of medical orders,

confidentiality safeguards for identifiable health information contained in

public health records, and the care and transportation of human remains,

which are proposed to be changed as follows:

 

(1) 7 AAC 27.005 and 27 AAC 27.007 dealing with disease reporting

requirements are proposed to be changed by deleting some diseases from the

reporting requirement and adding additional diseases of public health

importance, by changing the required reportable data, and to permit the

department to directly contact patients under certain conditions.

 

(2) 7 AAC 27.010 is proposed to be changed to adopt the 2004 edition of the

Control of Communicable Diseases Manual by reference to be amended from time to

time and to adopt additional sections of the manual relating to the response to

deliberate use of infectious agents.

 

(3) 7 AAC 27.015 and 7 AAC 27.017 relating to reports and investigations of

occupational disease exposure are proposed to be clarified and to conform to

terminology used in AS 18.15.

 

(4) 7 AAC 27.016 relating to epidemiological investigations and inspections

has been amended to clarify the authority to inspect establishments and

facilities and examine health records during epidemiological investigations

and to evaluate facilities in which people or animals are being kept in

quarantine or isolation.

 

(5) 7 AAC 27.020 is proposed to delete the provisions regarding rabies

control, which are to be addressed in a new section, and to clarify the actions

the department may take in animal disease quarantine and to control an animal

disease that may be transmissible to humans.

 

(6) 7 AAC 27.022 is proposed as a new section to address rabies vaccination

and quarantine standards, to require that ferrets be vaccinated and subject to

rabies quarantine provisions, and to address circumstances under which animals

may be euthanized. It also proposes to adopt the 2005 edition of the Compendium

of Animal Rabies Prevention and Control, with the intention of adopting the most

current version of the Compendium that is published at the time the regulations

are adopted.

 

(7) 7 AAC 27.060 relating to the general right of visitation is proposed to

be repealed as unnecessary because another provision addresses this inspection

authority.

 

(8) 7 AAC 27.215 requiring tuberculosis screening of school employees is

proposed to be repealed.

 

(9) 7 AAC 27.575 relating to the confidentiality of metabolic screening test

information is proposed to be repealed since the information will come under the

newly proposed confidentiality provisions.

 

(10) 7 AAC 27.670 and 7AAC 27.675 are proposed as new sections to provide for

the informal review by the division director or a designee of state medical

officer orders and standing isolation and quarantine orders under certain

circumstances.

 

(11) 7 AAC 27.890 is proposed to be amended to make clear that the reported

information and medically related public health records are confidential and

subject to confidentiality and privacy safeguards.

 

(12) 7 AAC 27.891 is proposed as a new section to establish that identifiable

health information collected and maintained by the department is to be

safeguarded and to generally address the conditions for use and disclosure.

 

(13) 7 AAC 27.892 and 7 AAC 27.893 are proposed as new sections to establish

specific authorized uses and permitted disclosures of the identifiable

health information that is acquired and maintained by the department for

public health purposes.

 

(14) 7 AAC 27.894 and 7AAC 27.895 are proposed as new sections to establish

additional protections limiting secondary disclosures of identifiable health

information and to assure privacy protections for persons subject to

medical orders or court orders for testing, examination, screening, isolation,

or quarantine.

 

(15) 7 AAC 27.896 is proposed as a new section to establish the requirements

for written consent to disclosure of identifiable health information.

 

(16) 7 AAC 27.897 and 7AAC 27.898 are proposed as new sections to establish

guidelines and limitations for the use and release of nonidentifiable health

information and for the secure disposal of identifiable health information

when it no longer serves a public health purpose.

 

(17) 7 AAC 27.899 is proposed as a new section to establish specific security

safeguards for the use and storage of identifiable health information.

 

(18) 7 AAC 27.900 is proposed to be changed by amending the definition for

"health care provider" to make it consistent with the definition set out at AS

18.15.395 and adding new definitions as necessary to understand the proposed

regulations.

 

(19) 7 AAC 35.090 addressing the care of human remains is proposed to be

amended by deleting a section requiring the use of a disinfectant and clarifying

the procedures to be followed when a death has occurred by an infectious

disease.

 

(20) 7 AAC 35.100 addressing the transportation of human remains is proposed

to be repealed and readopted to clarify that embalming is no longer required for

the transportation of human remains, to set out the authorization required to

embalm for transportation, and to set out the requirements for containment of

human remains for transport.

 

(21) 7 AAC 35.130 is proposed to be amended by deleting several definitions

no longer necessary, amending the definition for "embalm," and adding

definitions as necessary to understand the proposed regulations.

 

You may comment on the proposed regulation changes, including the potential

costs to private persons of complying with the proposed changes, by submitting

written comments to Patricia Nault, Health Program Manager, Division of Public

Health, Department of Health and Social Services, PO Box 110610, Juneau, AK

99811-0610. Public comment may also be submitted to Patricia Nault by facsimile

transmission at 907-586-1877 or electronically by sending an e-mail message to

Patricia_Nault@health.state.ak.us. To be considered, comments must be received

no later than 4:30 p.m. on February 7, 2006. Written comments are considered

public records subject to inspection under the laws pertaining to public records

requests.

 

Oral or written comments also may be submitted at a hearing to be held on

January 9, 2006, in Suite 200 of the Anchorage Legislative Information Office,

716 West 4th Avenue, Anchorage, Alaska. Interested persons who are not able to

attend the hearing in person may call in to present their comments by calling

1-800-395-5073. The hearing will be held from 1:30 PM to 3:30 PM and might be

extended to accommodate those present before 3:00 PM who did not have an

opportunity to comment.

 

If you are a person with a disability who needs a special accommodation in

order to participate in this process, please contact Tracy Cummins at 465-3092

no later than January 20, 2006 to ensure that any necessary accommodations can

be provided.

 

For a copy of the proposed regulation changes, contact Patricia Nault at the

address above or go to the Department of Health and Social Services website at:

H&SS Public Notice Site [1]

 

After the public comment period ends, the Department of Health and Social

Services will either adopt these or other provisions dealing with the same

subject, without further notice, or decide to take no action on them. The

language of the final regulations may be different from that of the proposed

regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD

BE AFFECTED.

 

Statutory Authority: AS 18.05.010, AS 18.05.040, AS 18.15.355, AS 18.15.360,

AS 18.15.362, AS 18.15.370, AS 18.15.375, AS 18.15.385, AS 44.62.245, AS

47.05.012.

 

Statutes Being Implemented, Interpreted, or Made Specific: AS 18.05.010, AS

18.05.030, AS 18.05.040, AS 18.05.042, AS 18.15.355, AS 18.15.360, AS 18.15.362,

AS 18.15.365, AS 18.15.370, AS 18.15.375, AS 18.15.385, AS 18.15.393, AS

18.15.395

 

Fiscal Information: The proposed regulation changes are not expected to

require an increased appropriation.

 

Date: December 21, 2005

 

Agency Contact:

Patricia nault, Health Program Manager, Division of Public

Health, Department of Health and Social Services, PO Box 110610, Juneau, AK

99811-0610, 907-465-3090, PatriciaNault@health.state.ak.us

 

 

Citation:

7 AAC 27.005 thru 35.130 (Non Seq)

 

 

Status:

 

12/21/2005 Proposed Rule

 

Comment Deadline:

02/07/2006

 

 

 

New Jersey

Title:

Rule Proposals

 

Agency:

Department of Education

 

Summary:

Pre-proposed rules for student health records are written to correspond to

rules for student health records in N.J.A.C. 6A:32-7, Student Records,

adopted by the State Board of Education in August 2005. The current requirement

that immunization records be maintained separately from the student health

record is preproposed to be deleted, because the Department of Health and

Senior Services no longer requires this separation. The pre-proposed rules

include new provisions at current N.J.A.C. 6A:32-7 requiring that the student

health record be maintained in the same school building or complex as the

enrolled student and that the records be accessible while school is in

session.

 

Summary Comments:

N.J.A.C. 6A:16-2.4 Required student health records

 

This section establishes the requirements for maintaining, transferring and

storing student health records. The section is pre-proposed for recodification

from N.J.A.C. 6A:16-1.5 to 2.4 with the heading amended from "Student health

records " to "Required student health records " to maintain consistency with

terminology of other chapters of Administrative Code. Pre-proposed N.J.A.C.

6A:16-2.4(a) is amended to include "school" before the word "district" and

delete "board of education," because the maintenance of student health records

is an administrative rather than a governance responsibility. At pre-proposed

N.J.A.C. 6A:16-2.4(a)1, the phrase "pursuant to" replaces the phrase "as

required in," for consistency. At pre-proposed N.J.A.C. 6A:16-2.4(a)2, the above

replacement is pre-proposed again and the word "of" is deleted for improved

clarity. At pre-proposed N.J.A.C. 6A:16-2.4(b), the term "school district"

replaces "district board of education," and the phrase "document mandated

information on the student" replaces "use forms and formats for documenting

mandated," for improved clarity. Further, the term " health record " replaces

the plural " health records, " the concluding phrase "using a form approved by

the Commissioner of Education" replaces the phrase "as required below." A period

replaces a semicolon for grammatical correctness.

 

Current N.J.A.C. 6A:16-1.5(b)1 is preproposed for deletion because its

meaning is stated at pre-proposed N.J.A.C. 6A:16-2.4(a)2. Current N.J.A.C.

6A:16-1.5(b)2 is pre-proposed for deletion because its meaning is stated at

preproposed N.J.A.C. 6A:16-2.4(a)1. Pre-proposed N.J.A.C. 6A:16-2.4(c)

establishes regulations for the maintenance of student health records. Among

the four provisions, paragraphs (c) 1, 2 and 5 reiterate and cross-reference

current rules at N.J.A.C. 6A:32-7, Student Records, while paragraphs (c) 3 and 4

include new pre-proposed provisions in order to assure that medical staff can

gain access to the student health record in order to meet student needs

while school is in session. At pre-proposed N.J.A.C. 6A:16-2.4(d), the

Department preproposes new regulations for transfer of the student health

record that are not part of the current chapter. The pre-proposed process and

timelines are consistent with N.J.A.C. 6A:16-7 School District Operations and

with published Guidelines for School Health Services. Current N.J.A.C.

6A:16-1.5(c) is preproposed for relocation at N.J.A.C. 6A:16-2.4(e), with

amendments to omit the words "or guardian" at N.J.A.C. 6A:16-2.4(e)1 and a comma

and word "guardian" at N.J.A.C. 6A:16-2.2(e) 3 because the word is redundant

with the definition of "parent." Pre-proposed new N.J.A.C. 6A:16-2.4(f)

establishes the requirement to meet the Federal requirements of the Family

Education Rights and Privacy Act, for completeness. Current N.J.A.C.

6A:16-1.5(d) is pre-proposed for relocation with amendments at N.J.A.C.

6A:16-2.4(g), with the phrase "The school district" replacing "Each district"

and the word "school" included before "district," for consistency. A new

provision at pre-proposed N.J.A.C. 6A:16- 2.4(g)1 incorporates the statutory

provision that clerical personnel to be permitted access to portions of the

student health record in order to conduct their work. Pre-proposed N.J.A.C.

6A:16-2.4(h) is also new, to clarify that the content of the student health

record may be shared for emergency purposes, as also established in current

N.J.A.C. 6A:32-7.4.

 

Agency Contact:

Barbara Gantwerk

Acting Assistant Commissioner

Division of Student Services

New Jersey Department of Education

River View Executive Plaza

Building 100, P.O. Box 500

Trenton, New Jersey 08625-0500

 

Citation:

6A:16

 

Status:

12/19/2005 Proposed

 

Comment Deadline:

01/18/2005

2 Health Facilities; Transfer or Discharge of Patients. Amend RSA 151:26, II(a) to read as follows:

 

II.(a) Transfer or discharge of a patient shall in all instances be preceded by written notice which shall contain the following:

 

(5) A statement which shall read: "You have a right to appeal the facility's decision to transfer or discharge you. If you think you should not have to leave this facility, you may file an appeal in superior or probate court." If the patient is in a skilled nursing facility or nursing facility certified under Title XVIII or Title XIX of the Social Security Act, the statement shall inform the patient of his or her right to request an administrative hearing before the department of health and human services.

 

Except as specified in paragraph II(b) of this section, written notice of transfer or discharge shall be given at least 30 days before the resident is transferred or discharged. A copy of the notice shall be placed in the patient's clinical record and a copy shall be transmitted to the patient, the patient's next of kin, the patient's personal LEGAL representative, legal guardian, the long-term CARE ombudsman in the office of the ombudsman , established under RSA 161-F:10, AND the designated agency responsible for the protection and advocacy system for a developmentally disabled or mentally ill individual, and the person or agency responsible for the patient's placement, maintenance, and care in the facility FEDERALLY-DESIGNATED PROTECTION AND ADVOCACY AGENCY FOR INDIVIDUALS WITH DISABILITIES .

 

Status:

 

01/04/2006 INTRODUCED.

01/04/2006 To HOUSE Committee on HEALTH, HUMAN SERVICES AND ELDERLY AFFAIRS.

01/05/2006 Filed as LSR 2858

 

Sponsor Information:

James R MacKay (R - Majority).

 

Sponsor:

MacKay

 

 

 

United States H.R. 4641

Category:

Medical Records Privacy

 

Sponsor:

Representative Phil Gingrey R-GA

 

Date Introduced:

December 18, 2005

 

Last Action:

12/18/2005 House Committee on Ways and Means

 

Status:

12/18/2005 House Committee on Ways and Means

 

Actions:

Committee Referrals:

12/18/2005 House Committee on Ways and Means

 

Synopsis:

Assisting Doctors to Obtain Proficient and Transmissible Health Information Technology (ADOPT HIT) Act of 2005 - Amends the Internal Revenue Code to allow medical care providers: (1) to expense up to $250,000 of the cost of health care information technology for the exchange of medical information; and (2) a business tax credit for 50% of their telecommunication charges (defined as expenses of installing or maintaining a communications network that supports interoperability of electronic medical records systems), up to $10,000.

 

Full Text:

SECTION 1. SHORT TITLE.

This Act may be cited as the "Assisting Doctors to Obtain Proficient and

Transmissible Health Information Technology (ADOPT HIT) Act of 2005".

SEC. 2. PURCHASE OF QUALIFIED HEALTH CARE INFORMATION TECHNOLOGY.

(a) In General. Section 179 of the Internal Revenue Code of 1986

(relating to election to expense certain depreciable assets) is amended by

adding at the end the following new subsection:

"(e) Health Care Information Technology.

"(1) In general. In the case of qualified health care

information technology purchased by a medical care provider and placed

in service during a taxable year--

"(A) subsection (b)(1) shall be applied by substituting '$250,000' for

'$100,000',

"(B) subsection (b)(2) shall be applied by substituting '$600,000' for

'$400,000', and

"(C) subsection (b)(5)(A) shall be applied by substituting '$250,000 and

$600,000' for '$100,000 and $400,000'.

"(2) Definitions. For purposes of this subsection--

"(A) Qualified health care information technology. The term 'qualified

health care information technology' means section 179 property which is used

primarily for the electronic creation, maintenance, and exchange of medical

care information to improve the quality or efficiency of medical care.

"(B) Medical care provider. The term 'medical care provider' means any

person engaged in the trade or business of providing medical care.

"(C) Medical care. The term 'medical care' has the meaning given such

term by section 213(d).".

(b) Effective Date. The amendment made by this section shall apply to

property placed in service after December 31, 2004.

SEC. 3. TELECOMMUNICATIONS CREDIT FOR QUALIFIED MEDICAL CARE PROVIDERS.

(a) In General. Subpart D of part IV of subchapter A of chapter 1 of the

Internal Revenue Code of 1986 (relating to business related credits) is

amended by adding at the end the following new section:

"SEC. 45N. TELECOMMUNICATIONS CREDIT FOR QUALIFIED MEDICAL CARE PROVIDERS.

"(a) General Rule. For purposes of section 38, in the case of a

qualified medical care provider, the telecommunications credit determined

under this section for a taxable year is an amount equal to 50 percent of

the applicable telecommunications charges paid or incurred by such provider

during the taxable year.

"(b) Dollar Limitation. In the case of a qualified medical care

provider, the credit determined under subsection (a) for a taxable year

shall not exceed $10,000.

"(c) Definitions. For purposes of this section--

"(1) Applicable telecommunications charges. The term

'applicable telecommunications charges' means expenses paid or

incurred for the purpose of installing or maintaining a communications

network that supports interoperability of electronic medical record

systems.

"(2) Qualified medical care provider. The term 'qualified

medical care provider' means any person engaged in the trade or

business of providing medical care (as defined in section 213(d)) who

has purchased qualified health care information technology (as defined

in section 179(e)).".

(b) Conforming Amendments.

(1) Section 38(b) of such Code is amended by striking "plus" at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ", plus", and by adding at the end the following new paragraph:

"(27) the telecommunications credit determined under section 45N.".

(2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

"Sec. 45N. Telecommunications credit for qualified medical care providers.".

(c) Effective Date. The amendments made by this section shall apply to expenses paid or incurred after December 31, 2004.

Movement Legislative Entries

 

 

Nebraska L.B. 462

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NE+L.B.+462

 

Category:

Medical Records Privacy

 

Last Action:

01/04/2006 Title printed. Carryover bill; D. Pederson Amendment 1819 printed

 

Synopsis:

Relates to Workers' Compensation; provides access to medical records as prescribed.

 

Additional Information:

Language as Introduced on January 13, 2005:

 

Section 1. Section 48-146.02, Reissue Revised Statutes of Nebraska, is amended to read:

 

48-146.02.

 

(3) IN ORDER FOR A COMPENSATION INSURER, RISK MANAGEMENT POOL, OR SELF-INSURER TO FULFILL THE OBLIGATIONS OF SUBSECTION (2) OF THIS SECTION, AN EMPLOYEE FILING A CLAIM FOR WORKERS' COMPENSATION BENEFITS WITH A COMPENSATION INSURER, RISK MANAGEMENT POOL, OR SELF-INSURER SHALL PROVIDE A PATIENT'S WAIVER TO THE COMPENSATION INSURER, RISK MANAGEMENT POOL, OR SELF-INSURER UPON THE REQUEST BY THE SAME, ALLOWING THE EMPLOYEE'S EMPLOYER OR COMPENSATION INSURER, RISK MANAGEMENT POOL, OR SELF-INSURER OR ITS REPRESENTATIVE TO OBTAIN ALL PREVIOUS HOSPITAL AND MEDICAL RECORDS, INCLUDING PATIENT INFORMATION FORMS, CONCERNING THE EMPLOYEE'S PREVIOUS TREATMENT WITH ANY PHYSICIAN. A COMPENSATION INSURER, RISK MANAGEMENT POOL, SELF-INSURER, OR EMPLOYER SHALL NOT PURSUANT TO A PATIENT'S WAIVER BE ENTITLED TO AN EMPLOYEE'S HOSPITAL OR MEDICAL RECORDS THAT PERTAIN TO AN EMPLOYEE'S PREVIOUS TREATMENT FOR SEXUAL ABUSE, HUMAN IMMUNODEFICIENCY VIRUS, MENTAL HEALTH CONDITIONS, OR ALCOHOL OR CONTROLLED SUBSTANCE ABUSE. THE COMPENSATION COURT SHALL DRAFT A PATIENT'S WAIVER FORM TO IMPLEMENT THIS SUBSECTION. FAILURE OF THE EMPLOYEE TO PROVIDE A PATIENT'S WAIVER FOLLOWING A REQUEST FOR THE SAME BY THE COMPENSATION INSURER, RISK MANAGEMENT POOL, OR SELF-INSURER SHALL SUSPEND THE RUNNING OF THE THIRTY-DAY PERIOD FOR PURPOSES OF LIABILITY UNDER SECTION 48-125 UNTIL SUCH TIME AS THE EMPLOYEE PROVIDES THE PATIENT'S WAIVER. A COMPENSATION INSURER, RISK MANAGEMENT POOL, OR SELF-INSURER OBTAINING AN EMPLOYEE'S HOSPITAL OR MEDICAL RECORDS PURSUANT TO A PATIENT'S WAIVER SHALL PROVIDE A LISTING OR COMPILATION OF SUCH RECORDS TO THE EMPLOYEE OR THE EMPLOYEE'S DESIGNATED AGENT UPON REQUEST. UPON THE FILING OF A PETITION IN THE COMPENSATION COURT BY AN INJURED EMPLOYEE OR HIS OR HER REPRESENTATIVE, SUCH EMPLOYEE SHALL PROVIDE THE PATIENT'S WAIVER TO THE DEFENDANTS NAMED IN THE LAWSUIT WITHIN THIRTY DAYS AFTER FILING THE PETITION.

 

Status:

01/13/2005 Read first time

01/18/2005 Referred to Business and Labor Committee

01/31/2005 Notice of hearing (2/7)

02/11/2005 Placed on General File - Committee Amendment 368

01/04/2006 Title printed. Carryover bill; D. Pederson Amendment 1819 printed

 

Sponsor Information:

Donald 'Don' W. Pederson (Non-partisan)

 

Sponsor:

Pederson

 

 


 

Regulatory Report

 

 

Texas

Title:

MEDICAL RECORDS STATE ID: 30 TEXREG 8784

 

 

Agency:

Medical Board

 

 

Summary:

Requires written consent for treatment or surgery requested from the patient/ family by the physician be maintained in the medical records of the physician. Establishes specific requirements and a form for physicians to obtain the consent required for an abortion to be performed on an unemancipated minor.

 

Summary Comments:

Part 9. TEXAS MEDICAL BOARD

 

Chapter 165. MEDICAL RECORDS

 

22 TAC @165.1, @165.6

 

The Texas Medical Board proposes an amendment to @165.1, concerning Medical

Records and new @165.6, concerning Medical Records Regarding an Abortion on an

Unemancipated Minor.

 

The amendment to @165.1 requires that written consents for treatment or

surgery requested from the patient/family by the physician be maintained in the

medical records of the physician. New @165.6 establishes specific requirements

and a form for physicians to obtain the consent required for an abortion to be

performed on an unemancipated minor.

 

Michele Shackelford, General Counsel, Texas Medical Board, has determined

that for the first five-year period the amendment and new section are in effect

there will be no fiscal implications to state or local government as a result of

enforcing the sections as proposed. There will be no effect to individuals

required to comply with the sections as proposed.

 

Ms. Shackelford also has determined that for each year of the first five

years the amendment and new section as proposed are in effect the public benefit

anticipated as a result of enforcing the sections will be to assure that written

consents for treatment or surgery are documented in the medical records of the

physician and to carry out the Legislative requirement for the Board to adopt a

form necessary for parental consent for abortion procedures to be performed on

unemancipated minors. There will be no effect on small or micro businesses.

 

Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018,

Austin, Texas 78768-2018. A public hearing will be held at a later date.

 

The amendment and new section are proposed under the authority of the Texas

Occupations Code Annotated, @153.001 and @164.052(c) which provides the Texas

Medical Board to adopt rules and bylaws as necessary to: govern its own

proceedings; perform its duties; regulate the practice of medicine in this

state; enforce this subtitle; and establish rules related to licensure.

 

The following statutes, articles or codes are affected by this proposal:

@164.052(a)(19), Texas Occupations Code.

 

Agency Contact:

Saly Drurocher, PO Box 2018, Austin, TX 78768- 2018

 

 

Citation:

22 TAC 9.165.165.1, .6

 

 

Status:

 

12/19/2005 Proposed Rule

 

Comment Deadline:

01/28/2006

 

 

 

Texas

Title:

CONDUCT AND SCOPE OF PRACTICE STATE ID: 31 TEXREG 25

 

 

Agency:

Board of Podiatric Medical Examiners

 

 

Summary:

Adds provision for annual renewal of Hyperbaric Oxygen Certification. Adds provision for annual renewal of Nitrous Oxide/Oxygen Inhalation Conscious Sedation. Adds the cost of x- rays when a patient is requesting copies of their records. Clarifies the level of offences relating to sexual misconduct that can occur in the setting of a doctor/patient relationship.

 

Summary Comments:

Chapter 375. CONDUCT AND SCOPE OF PRACTICE

 

22 TAC @@375.1, 375.3, 375.5, 375.7, 375.9, 375.11, 375.13, 375.15, 375.17,

375.19, 375.21, 375.23, 375.25, 375.27, 375.29, 375.31, 375.33

 

The Texas State Board of Podiatric Medical Examiners proposes new @@375.1,

375.3, 375.5, 375.7, 375.9, 375.11, 375.13, 375.15, 375.17, 375.19, 375.21,

375.23, 375.25, 375.27, 375.29, 375.31 and 375.33, concerning Conduct and Scope

of Practice. The new rules are being proposed as part of a comprehensive

reorganization of the Board's rules under Title 22, Part 18, of the Texas

Administrative Code to collapse similar administrative provisions otherwise

currently spread out in various chapters into understandable functional chapters

capturing the logical execution of processes. In addition, the proposed

reorganization seeks to update the Board's rules consistent with the passage of

Senate Bill 402 pursuant to the acts of the 79th Legislature and implementation

of requisite Sunset provisions effective September 1, 2005 to be adopted in rule

by March 1, 2006. Section 375.5 adds the provision for annual renewal of

Hyperbaric Oxygen Certification. This section also identifies the scope of this

modality by limiting it to the treatment of the foot and ankle as the entire

body is submerged in the dive. Section 375.7 adds the provision for annual

renewal of Nitrous Oxide/Oxygen Inhalation Conscious Sedation. Section 375.21

adds the cost of x-rays when a patient is requesting copies of their records and

finally @375.33 clarifies the level of offenses relating to sexual misconduct

that can occur in the setting of a doctor/patient relationship.

 

Hemant Makan, Executive Director, has determined that for each year of the

first five years the sections are in effect there will be no fiscal implications

for state or local government as a result of enforcing or administering the

sections.

 

Mr. Makan has also determined that for each year for the first five years the

rules are in effect the public benefit anticipated as a result of enforcing the

rules will be to eliminate the confusion of similar Board processes which are

currently dispersed amongst various chapters by reorganizing those processes

into a more understandable format. For example, advertising regulations are

currently found in Chapter 373 and partly in Chapter 375. The new format will

collapse those regulations into one chapter, proposed Chapter 373 relating to

Advertising and Practice Identification. An additional example is with regard to

modalities of treatment. Currently, two modalities appear in separate chapters

(Hyperbaric Oxygen currently in Chapter 380 and Relative Analgesia currently in

Chapter 381). The new format will collapse those modalities into one chapter,

proposed Chapter 375 relating to Conduct and Scope of Practice. The effect on

small businesses, micro-businesses or individuals will be a cost to licensees

who are utilizing the procedures. There will be a $25 per year renewal fee for

each type of certificate and a $5 late fee if applicable.

 

Comments on or about the proposal may be submitted to Janie Alonzo, Staff

Services Officer V, Texas State Board of Podiatric Medical Examiners, P.O. Box

12216, Austin, Texas 78711-2216, Janie.Alonzo@foot.state.tx.us.

 

The new sections are proposed under Texas Occupations Code, @202.151, which

provides the Texas State Board of Podiatric Medical Examiners with the authority

to adopt reasonable or necessary rules and bylaws consistent with the law

regulating the practice of podiatry, the law of this state, and the law of the

United States to govern its proceedings and activities, the regulation of the

practice of podiatry and the enforcement of the laws regulating the practice of

podiatry.

 

The proposed new sections implement the reorganization of current Chapter 380

to be merged with revised Chapter 375; current Chapter 381 to be merged with

revised Chapter 375; and current Chapter 383 to be merged with revised Chapter

375. This reorganization updates the rule language consistent with Texas

Occupations Code, @@202.001, et seq. as amended by Senate Bill 402 pursuant to

the acts of the 79th Legislature and implementation of requisite Sunset

provisions effective September 1, 2005 to be adopted in rule by March 1, 2006.

The provisions related to sexual misconduct are responsive, but not limited to

Texas Penal Code Title 5 regarding sexual offenses.

 

Agency Contact:

Janie Alonzo, Staff Services Officer V, Texas State Board of

Podiatric Medical Examiners, PO Box 12216, Austin, TX 8711-2216,

Janie.Alonzo@foot.state.tx.us

 

 

Citation:

22 TAC 18.375.375.1, .3, .5, .7, .9, .11, .13, .15, .17, .19, .21,

.23, .25, .27, .29, .31, .33

 

 

Status:

 

12/20/2005 Proposed Rule

 

Comment Deadline:

01/24/2006

 

 

 

UTAH

Title:

RELEASE OF COMMUNICABLE DISEASE INFORMATION STATE ID: 28393

 

 

Agency:

Department of Corrections/Division of Administration

 

 

Summary:

Reviews rules concerning the release of communicable disease information. Designates persons who will be permitted access to information in Department of Corrections inmate medical files.

 

Agency Contact:

Gary Ogilvie, Department of Corrctions, Division of

Administration, 14717 S minuteman Dr, Draper, UT 84020-9549, 801-545-5514, Fax

801-545-5523, gogilvie@utah.gov

 

 

Citation:

R251-102

 

 

Status:

 

12/06/2005 No published proposal

12/06/2005 5 Year Notice of Review and Statement of Continuation

 

Effective Date:

12/06/2005