Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

01/12/2006 - 01/18/2006

 

New Legislative Entries

 

California S.B. 699

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+S.B.+699

 

Category:

Medical Records Privacy

 

Last Action:

01/13/2006 In SENATE. Read second time. To third reading.

 

Synopsis:

Requires health care providers and laboratories to report cases of HIV infection to the local health officer using patient names and for the local health officers to report unduplicated HIV cases to the Department of Health Services; makes changes related to HIV case disclosure to health agencies; requires county HIV test to be available on an anonymous basis; provides civil penalties for negligent disclosure of a public health record; authorizes certain disclosure of personally identifiable information.

 

Additional Information:

SB 699, as amended on January 12, 2006, Soto State employees: memoranda of understanding. AIDS: HIV REPORTING.

 

(1) EXISTING LAW MAKES PROVISIONS FOR VARIOUS PROGRAMS RELATING TO TREATMENT OF PERSONS WITH HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND THE ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS). EXISTING LAW REQUIRES THAT PUBLIC HEALTH RECORDS RELATING TO AIDS, CONTAINING PERSONALLY IDENTIFYING INFORMATION, THAT WERE DEVELOPED OR ACQUIRED BY STATE OR LOCAL PUBLIC HEALTH AGENCIES BE CONFIDENTIAL, AND PROHIBITS THE DISCLOSURE OF THOSE RECORDS, EXCEPT AS OTHERWISE PROVIDED FOR BY LAW FOR PUBLIC HEALTH PURPOSES OR PURSUANT TO A WRITTEN AUTHORIZATION BY THE PERSON WHO IS THE SUBJECT OF THE RECORD OR BY HIS OR HER GUARDIAN OR CONSERVATOR.

 

THIS BILL WOULD, TO ENSURE KNOWLEDGE OF CURRENT TRENDS IN THE HIV EPIDEMIC AND TO ASSURE THAT CALIFORNIA REMAINS COMPETITIVE FOR FEDERAL HIV AND AIDS FUNDING, REQUIRE HEALTH CARE PROVIDERS AND LABORATORIES TO REPORT CASES OF HIV INFECTION TO THE LOCAL HEALTH OFFICER USING PATIENT NAMES. IT WOULD REQUIRE LOCAL HEALTH OFFICERS TO REPORT UNDUPLICATED HIV CASES BY NAME TO THE STATE DEPARTMENT OF HEALTH SERVICES. THE BILL WOULD REQUIRE THE DEPARTMENT TO PROMULGATE SPECIFIED EMERGENCY REGULATIONS, NOT LATER THAN ONE YEAR FROM THE EFFECTIVE DATE OF THOSE PROVISIONS, TO CONFORM EXISTING ADMINISTRATIVE REGULATIONS TO THE PROVISIONS OF THE BILL, AND WOULD MAKE VARIOUS OTHER CHANGES RELATED TO THE DISCLOSURE OF INFORMATION ON HIV CASES TO FEDERAL, STATE, AND LOCAL HEALTH AGENCIES, AS PROVIDED.

 

EXISTING LAW REQUIRES EACH COUNTY, DESIGNATED BY THE DIRECTOR OF HEALTH SERVICES, TO MAKE THE HIV TEST AVAILABLE WITHIN ITS JURISDICTION WITHOUT CHARGE, IN AN ACCESSIBLE MANNER AND ON A CONFIDENTIAL BASIS, THROUGH THE USE A CODED SYSTEM WITHOUT LINKING OF THE INDIVIDUAL IDENTITY WITH THE TEST REQUEST OR RESULTS.

 

THIS BILL WOULD, INSTEAD, REQUIRE THAT THOSE TESTS BE MADE AVAILABLE ON AN ANONYMOUS BASIS.

 

EXISTING LAW SUBJECTS ANY PERSON WHO WILLFULLY OR MALICIOUSLY DISCLOSES THE CONTENT OF ANY CONFIDENTIAL PUBLIC HEALTH RECORD, AS DESCRIBED, TO ANY 3RD PARTY, EXCEPT PURSUANT TO A WRITTEN AUTHORIZATION, OR AS OTHERWISE AUTHORIZED BY LAW, TO A CIVIL PENALTY IN AN AMOUNT NOT LESS THAN $ 1,000 AND NOT MORE THAN $ 5,000, PLUS COURT COSTS, AS DETERMINED BY THE COURT, WHICH PENALTY AND COSTS SHALL BE PAID TO THE PERSON WHOSE RECORD WAS DISCLOSED.

 

THIS BILL WOULD DEFINE " CONFIDENTIAL PUBLIC HEALTH RECORD " FOR PURPOSE OF THOSE PROVISIONS, AND WOULD INSTEAD, SUBJECT ANY PERSON WHO NEGLIGENTLY DISCLOSES THE CONTENT OF SUCH A CONFIDENTIAL PUBLIC HEALTH RECORD TO A CIVIL PENALTY IN AN AMOUNT NOT LESS THAN $ 2,500. THE BILL WOULD FURTHER SUBJECT ANY PERSON WHO WILLFULLY OR MALICIOUSLY DISCLOSES THE CONTENT OF SUCH A RECORD TO A CIVIL PENALTY IN AN AMOUNT NOT LESS THAN $ 5,000 AND NOT MORE THAN $ 10,000, PLUS COURT COSTS, AS DETERMINED BY THE COURT, WHICH PENALTY AND COSTS SHALL BE PAID TO THE PERSON WHOSE CONFIDENTIAL PUBLIC HEALTH RECORD WAS DISCLOSED. THIS BILL WOULD MAKE ANY PERSON WHO WILLFULLY, MALICIOUSLY, OR NEGLIGENTLY DISCLOSES THE CONTENT OF ANY CONFIDENTIAL PUBLIC HEALTH RECORD, TO ANY THIRD PARTY, EXCEPT PURSUANT TO A WRITTEN AUTHORIZATION, AS DESCRIBED, OR AS OTHERWISE AUTHORIZED BY LAW, RESULTING IN ECONOMIC, BODILY, OR PSYCHOLOGICAL HARM TO THE PERSON WHOSE CONFIDENTIAL PUBLIC HEALTH RECORD WAS DISCLOSED, GUILTY OF A MISDEMEANOR.

 

EXISTING LAW PERMITS STATE AND LOCAL PUBLIC HEALTH AGENCIES TO DISCLOSE PERSONALLY IDENTIFYING INFORMATION IN PUBLIC HEALTH RECORDS, UNDER CERTAIN CIRCUMSTANCES, TO OTHER LOCAL, STATE, OR FEDERAL PUBLIC HEALTH AGENCIES OR TO CORROBORATING MEDICAL RESEARCHERS, WHEN THE CONFIDENTIAL INFORMATION IS NECESSARY TO CARRY OUT THE DUTIES OF THE AGENCY OR RESEARCHER IN THE INVESTIGATION, CONTROL, OR SURVEILLANCE OF DISEASE, AS DETERMINED BY THE LOCAL PUBLIC HEALTH AGENCY.

 

THIS BILL WOULD ALSO PERMIT THE DISCLOSURE OF THAT PERSONALLY IDENTIFYING INFORMATION IN PUBLIC HEALTH RECORDS BY THE AGENT OF SUCH A LOCAL PUBLIC HEALTH AGENCY.

 

BY CREATING NEW CRIMES INVOLVING THE UNLAWFUL DISCLOSURE OF CONFIDENTIAL PUBLIC HEALTH RECORDS, AND BY IMPOSING NEW DUTIES ON LOCAL HEALTH OFFICERS WITH RESPECT TO THE REPORTING OF INFORMATION ON HIV CASES, THE BILL WOULD CREATE A STATE-MANDATED LOCAL PROGRAM.

 

(2) THE CALIFORNIA CONSTITUTION REQUIRES THE STATE TO REIMBURSE LOCAL AGENCIES AND SCHOOL DISTRICTS FOR CERTAIN COSTS MANDATED BY THE STATE. STATUTORY PROVISIONS ESTABLISH PROCEDURES FOR MAKING THAT REIMBURSEMENT.

 

THIS BILL WOULD PROVIDE THAT WITH REGARD TO CERTAIN MANDATES NO REIMBURSEMENT IS REQUIRED BY THIS ACT FOR A SPECIFIED REASON.

 

WITH REGARD TO ANY OTHER MANDATES, THIS BILL WOULD PROVIDE THAT, IF THE COMMISSION ON STATE MANDATES DETERMINES THAT THE BILL CONTAINS COSTS SO MANDATED BY THE STATE, REIMBURSEMENT FOR THOSE COSTS SHALL BE MADE PURSUANT TO THE STATUTORY PROVISIONS NOTED ABOVE.

 

(3) THIS BILL WOULD DECLARE THAT IT IS TO TAKE EFFECT IMMEDIATELY AS AN URGENCY STATUTE.

 

Status:

 

02/22/2005 INTRODUCED.

03/10/2005 To SENATE Committee on PUBLIC EMPLOYMENT AND RETIREMENT.

04/25/2005 In SENATE Committee on PUBLIC EMPLOYMENT AND RETIREMENT: Not heard.

05/09/2005 From SENATE Committee on PUBLIC EMPLOYMENT AND RETIREMENT: Do pass to Committee on APPROPRIATIONS.

05/23/2005 From SENATE Committee on APPROPRIATIONS: To second reading without further hearing pursuant to Senate Rule 28.8.

05/25/2005 In SENATE. Read second time. To third reading.

06/02/2005 In SENATE. From third reading. To Inactive File.

01/12/2006 In SENATE. From Inactive File. To third reading.

01/12/2006 In SENATE. Read third time and amended. To second reading.

01/13/2006 In SENATE. Read second time. To third reading.

 

Sponsor Information:

Nell Soto (D - Majority)

 

Sponsor:

Soto

 

 

 

Florida S.B. 1408

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+S.B.+1408

 

Category:

Medical Records Privacy

 

Last Action:

01/13/2006 PREFILED.

 

Synopsis:

Requires a health care practitioner's employer who is a records owner and a records custodian to comply with specified requirements for confidentiality and disclosure. Provides requirements on electronically generated or transmitted prescriptions of medicinal drugs by health care practitioners. Specifies requirements for a prescriber to prevent generic substitution of brand name drugs when a prescription is electronically transmitted or generated.

 

Additional Information:

Language as Prefiled on January 13, 2006:

 

Section 1. Present subsections (3) through (19) of section 456.057, Florida Statutes, are redesignated as subsections (5) through (21), respectively, and new subsections (3) and (4) are added to that section, to read: 456.057 Ownership and control of patient records; report or copies of records to be furnished.--

 

(3) AS USED IN THIS SECTION, THE TERM "RECORDS CUSTODIAN" MEANS ANY PERSON OR ENTITY THAT:

 

(A) MAINTAINS DOCUMENTS THAT ARE AUTHORIZED IN SUBSECTION (2); OR

 

(B) OBTAINS MEDICAL RECORDS FROM A RECORDS OWNER.

 

(4) ANY HEALTH CARE PRACTITIONER'S EMPLOYER WHO IS A RECORDS OWNER AND ANY RECORDS CUSTODIAN SHALL MAINTAIN RECORDS OR DOCUMENTS AS PROVIDED UNDER THE CONFIDENTIALITY AND DISCLOSURE REQUIREMENTS OF THIS SECTION.

 

Status:

 

01/13/2006 PREFILED.

 

Sponsor Information:

Senate Committee on Health, Aging and Long-Term Care

 

Sponsor:

Senate Committee on Health, Aging and Long-Term Care

 

 

 

Illinois S.B. 2295

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=IL+S.B.+2295

 

Category:

Medical Records Privacy

 

Last Action:

01/12/2006 To SENATE Committee on RULES.

 

Synopsis:

Provides that records of health care practitioners shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of records. Provides that records of an attorney shall be made available for examination or copying to any person, entity, or organization that presents a valid authorization for the release of those records, subject to conditions currently in the Section.

 

Additional Information:

Language as Introduced on January 12, 2006:

 

Section 5. The Code of Civil Procedure is amended by changing Sections 8-2003 and 8-2005 as follows:

 

(735 ILCS 5/8-2003)(from Ch. 110, par. 8-2003)

 

Sec. 8-2003. Records of health care practitioners. In this Section, "practitioner" means any health care practitioner, including a physician, dentist, podiatrist, advanced practice nurse, physician assistant, clinical psychologist, or clinical social worker. The term includes a medical office, health care clinic, health department, group practice, and any other organizational structure for a licensed professional to provide health care services. The term does not include a health care facility as defined in Section 8-2001.

 

Every practitioner shall, upon the request of any patient who has been treated by such practitioner, OR ANY PERSON, ENTITY, OR ORGANIZATION THAT PRESENTS A VALID, SIGNED AUTHORIZATION FOR THE RELEASE OF RECORDS, permit the patient and the patient's practitioner or authorized attorney , OR ANY PERSON, ENTITY, OR ORGANIZATION THAT PRESENTS A VALID, SIGNED AUTHORIZATION FOR THE RELEASE OF RECORDS, to examine and copy the patient's records, including but not limited to those relating to the diagnosis, treatment, prognosis, history, charts, pictures and plates, kept in connection with the treatment of such patient. Such request for examining and copying of the records shall be in writing and shall be delivered to such practitioner. Such written request shall be complied with by the practitioner within a reasonable time after receipt by him or her at his or her office or any other place designated by him or her.

 

Status:

 

01/12/2006 INTRODUCED.

01/12/2006 To SENATE Committee on RULES.

 

Sponsor:

John J Cullerton (D - Majority)

 

 

 

Mississippi H.B. 911

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MS+H.B.+911

 

Category:

Pricing

 

Last Action:

01/13/2006 To HOUSE Committee on PUBLIC HEALTH AND HUMAN SERVICES.

 

Synopsis:

Disabled persons; require doctors to provide medical records at no cost until after determination of eligibility.

 

Additional Information:

Language as Introduced on January 13, 2006:

 

SECTION 1. Section 43-29-3, Mississippi Code of 1972, is amended as follows:

 

43-29-3. (1) Assistance shall be given under this chapter to any person who qualifies under Section 43-29-1, and who:

 

(a) Has resided in this state for one (1) year immediately preceding his application, and such residence shall not have been established solely or in part for the purpose of enabling the applicant to come within the provisions of this chapter;

 

(b) Resides in the county in which application is made;

 

(c) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;

 

(d) Is not an inmate of or being maintained by any county, municipal, state, or national institution at the time of receiving assistance except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; in the event the federal Social Security Act or other appropriate federal statutes are so amended as to permit funds appropriated by congress to be used for assistance to disabled persons who are inmates of public institutions, then being an inmate of any such institution shall not disqualify any such person for assistance. An inmate of such an institution may, however, make application for such assistance but the assistance, if granted, shall not begin until after he ceases to be an inmate;

 

(e) Has not made an assignment to transfer his property so as to render himself eligible for assistance under this chapter at any time within two (2) years immediately prior to the filing of an application for assistance pursuant to the provisions hereof.

 

(2) A PERSON WHO APPLIES FOR ASSISTANCE GIVEN UNDER THIS CHAPTER SHALL NOT BE LIABLE FOR THE COSTS INCURRED UNDER THIS CHAPTER OR FOR THE COSTS OF COPIES OF MEDICAL RECORDS UNTIL AFTER A DETERMINATION IS MADE TO PROVIDE OR NOT PROVIDE ASSISTANCE.

 

SECTION 3. Section 11-1-52, Mississippi Code of 1972, is amended as follows:

 

11-1-52. (1) Any medical provider or hospital or nursing home or other medical facility shall charge no more than the following amounts to patients or their representatives for photocopying any patient's records: Twenty Dollars ($ 20.00) for pages one (1) through twenty (20); One Dollar ($ 1.00) per page for the next eighty (80) pages; Fifty Cents (50 cent( s)) per page for all pages thereafter. Ten percent (10%) of the total charge may be added for postage and handling. Fifteen Dollars ($ 15.00) may be recovered by the medical provider or hospital or nursing home or other medical facility for retrieving medical records in archives at a location off the premises where the facility/office is located.

 

(2) A physician shall only charge normal, reasonable and customary charges for a deposition related to a patient that the physician is treating or has treated.

 

(3) A PERSON APPLYING FOR DISABILITY ASSISTANCE SHALL RECEIVE RECORDS AS PROVIDED IN SECTION 43-29-3.

 

Status:

 

01/13/2006 INTRODUCED.

01/13/2006 To HOUSE Committee on PUBLIC HEALTH AND HUMAN SERVICES.

 

Sponsor:

John Wesley Hines (D - Majority)

 

 

 

Mississippi H.B. 1235

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MS+H.B.+1235

 

Category:

Pricing

 

Last Action:

01/16/2006 Introduced

 

Synopsis:

Provides that any medical provider, hospital, nursing home or other medical facility shall charge no more than twenty-five dollars ($ 25.00) for executing a medical record affidavit.

 

Status:

01/16/2006 Introduced

 

Sponsor Information:

Jessica Sibely Upshaw (R - Minority)

 

Sponsor:

Upshaw

 

 

 

Missouri S.B. 858

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MO+S.B.+858

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

This act establishes the "Health Information Technology Fund", which shall be administered by the Office of Administration. The fund shall be created no later than August 28, 2006. Upon appropriation, moneys in the fund shall be used to promote technological advances to improve patient care, decrease administrative burdens, and increase patient and health care provider satisfaction. Any programs or improvements on technology shall include encouragement and implementation of technologies intended to improve the safety, quality and costs of health care services in the state.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

Section A. Chapter 191, RSMo, is amended by adding thereto one new section, to be known as section 191.990, to read as follows:

 

191.990. 1. THERE IS HEREBY CREATED IN THE STATE TREASURY THE " HEALTH INFORMATION TECHNOLOGY FUND" WHICH SHALL CONSIST OF ALL GIFTS, DONATIONS, TRANSFERS, MONEYS APPROPRIATED BY THE GENERAL ASSEMBLY, AND BEQUESTS TO THE FUND. THE STATE TREASURER SHALL BE CUSTODIAN OF THE FUND AND SHALL APPROVE DISBURSEMENTS FROM THE FUND IN ACCORDANCE WITH SECTIONS 30.170 AND 30.180, RSMO. THE FUND SHALL BE ADMINISTERED BY THE OFFICE OF ADMINISTRATION. THE FUND SHALL BE CREATED NO LATER THAN AUGUST 28, 2006.

 

2. UPON APPROPRIATION, MONEYS IN THE FUND SHALL BE USED TO PROMOTE TECHNOLOGICAL ADVANCES TO IMPROVE PATIENT CARE, DECREASE ADMINISTRATIVE BURDENS, AND INCREASE PATIENT AND HEALTH CARE PROVIDER SATISFACTION. SUCH PROGRAMS OR IMPROVEMENTS ON TECHNOLOGY SHALL INCLUDE ENCOURAGEMENT AND IMPLEMENTATION OF TECHNOLOGIES INTENDED TO IMPROVE THE SAFETY, QUALITY, AND COSTS OF HEALTH CARE SERVICES IN THE STATE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

 

(1) ELECTRONIC MEDICAL RECORDS;

 

(2) COMMUNITY HEALTH RECORDS;

 

(3) PERSONAL HEALTH RECORDS;

 

(4) E-PRESCRIBING;

 

(5) TELEMEDICINE; AND

 

(6) TELEMONITORING;

 

3. NOTWITHSTANDING THE PROVISIONS OF SECTION 33.080, RSMO, TO THE CONTRARY, ANY MONEYS REMAINING IN THE FUND AT THE END OF THE BIENNIUM SHALL NOT REVERT TO THE CREDIT OF THE GENERAL REVENUE FUND.

 

4. THE STATE TREASURER SHALL INVEST MONEYS IN THE FUND IN THE SAME MANNER AS OTHER FUNDS ARE INVESTED. ANY INTEREST AND MONEYS EARNED ON SUCH INVESTMENTS SHALL BE CREDITED TO THE FUND.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Charlie Shields (R - Majority)

 

Sponsor:

Shields

 

 

 

Missouri S.B. 868

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MO+S.B.+868

 

Category:

Medical Records Privacy

 

Last Action:

01/12/2006 INTRODUCED.

 

Synopsis:

Relates to the healthcare technology fund.

 

Additional Information:

Language as Introduced on January 12, 2006:

 

Section A. Chapter 208, RSMo, is amended by adding thereto one new section, to be known as section 208.1000, to read as follows:

 

208.1000. 1. THERE IS HEREBY CREATED IN THE STATE TREASURY "THE HEALTHCARE TECHNOLOGY FUND", WHICH SHALL CONSIST OF MONEYS APPROPRIATED BY THE GENERAL ASSEMBLY. THE STATE TREASURER SHALL BE CUSTODIAN OF THE FUND AND SHALL APPROVE DISBURSEMENTS FROM THE FUND IN ACCORDANCE WITH SECTIONS 30.170 AND 30.180, RSMO. THE FUND SHALL BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES. THE FUND SHALL BE CREATED NO LATER THAN JULY 1, 2006, PROVIDED HOWEVER, THAT IF THE EFFECTIVE DATE OF THIS ACT IS AFTER JULY 1, 2006, THEN THE FUND SHALL BE CREATED NO LATER THAN SUCH EFFECTIVE DATE. PROCEEDS OF THE FUND SHALL BE DISTRIBUTED AT THE DEPARTMENT OF SOCIAL SERVICES' DISCRETION WITHIN TWENTY-FOUR MONTHS OF THE STATE'S NEW PUBLIC ASSISTANCE HEALTHCARE DELIVERY SYSTEM OR BY TWENTY-FOUR MONTHS FOLLOWING THE TERMINATION OF THE CURRENT PUBLIC ASSISTANCE HEALTHCARE DELIVERY SYSTEM, WHICHEVER IS SOONER.

 

2. UPON APPROPRIATION, MONEYS IN THE FUND SHALL BE USED SOLELY TO IMPLEMENT AND PROMOTE INNOVATIVE TECHNOLOGICAL ADVANCES TO IMPROVE THE DELIVERY OF CARE, REDUCE ADMINISTRATIVE BURDENS, AND INSTITUTE EFFICIENCIES TO IMPROVE THE HEALTH STATUS OF ALL MISSOURIANS. SUCH TECHNOLOGICAL PROGRAMS OR IMPROVEMENTS SHALL INCLUDE THE FOLLOWING:

 

(1) IMPROVED STATE COMPUTER AND COMPUTER-RELATED HARDWARE AND SOFTWARE DESIGNED TO ENSURE AN EFFICIENT AND RESPONSIVE MEDICAID SYSTEM; AND

 

(2) HEALTH MANAGEMENT SYSTEM TECHNOLOGIES DESIGNED TO STREAMLINE AND REDUCE THE COST OF HEALTH CARE SERVICES FOR ALL MISSOURIANS;

 

SUCH TECHNOLOGICAL PROGRAMS OR IMPROVEMENTS MAY INCLUDE ANY OTHER APPROPRIATE TECHNOLOGIES INTENDED TO REDUCE AND STREAMLINE THE COSTS OF HEALTH CARE SERVICES IN THE STATE, INCLUDING BUT NOT LIMITED TO, ELECTRONICALLY TRANSFERABLE MEDICAL RECORDS, E-PRESCRIBING, TELEMEDICINE, AND TELEMONITORING.

 

3. THE STATE TREASURER SHALL INVEST MONEYS IN THE FUND IN THE SAME MANNER AS OTHER FUNDS ARE INVESTED.

 

Section B. Because of the need to address the pending funding crisis for the state's public assistance health care delivery system, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval.

 

Status:

 

01/12/2006 INTRODUCED.

 

Sponsor Information:

Chris Koster (R - Majority)

 

Sponsor:

Koster

 

 

 

Nebraska L.B. 1153

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NE+L.B.+1153

 

Category:

Medical Records Privacy

 

Last Action:

01/17/2006 Introduced

 

Synopsis:

It is the intent of the legislature, through the enactment of the health care improvement through deployment and adoption of information technology act, to provide a system for the secure exchange and use of health information for Nebraska residents and to provide policies and procedures to reduce medical errors; improve efficiency and quality of health care for Nebraska residents; reduce duplication of health care services; ensure that appropriate information to help guide medical decisions is available at the time and place of care; promote a more effective marketplace, greater competition, and increased choice through the wider availability of accurate information on health care costs, quality, and outcomes; improve the coordination of care and information among hospitals, laboratories, physician offices, and other entities through an effective infrastructure for the secure and authorized exchange of health care information; improve public health reporting and facilitate the early identification and rapid response to public health threats and emergencies, including bioterror events and infectious disease outbreaks; and otherwise positively influence the quality, safety, and efficiency of health care provided to nebraska residents.

 

Status:

01/17/2006 Introduced

 

Sponsor Information:

Patrick J Bourne (NP - Minority)

 

Sponsor:

Bourne

 

 

 

New Jersey A.B. 246

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NJ+A.B.+246

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 INTRODUCED.

 

Synopsis:

This bill prohibits a health insurer, in the event of its merger, acquisition, consolidation or other affiliation with a depository financial institution or a non-health insurer, from taking any action that would, or by a failure to act, permit, facilitate, effect or in any way contribute to or otherwise provide for, directly or indirectly, a disclosure of an insured individual's identifiable (i.e., unencrypted or otherwise unprotected) personal health care information in any manner to the depository institution or non-health insurer, without written authorization by the individual who is the subject of the health care information or someone designated by that individual. With regard to the enforcement of its provisions, the bill provides that: * An enforcement action may be commenced within two years after the date that a disclosure of health care information in violation of its provisions was or should reasonably have been discovered; * The Attorney General may bring an action to enjoin the unlawful disclosure of health care information by a person whom the Attorney General has reason to believe has intentionally violated a provision of this bill; * An individual who is aggrieved by conduct in violation of the provisions of the bill may bring a civil action against a person who has unlawfully disclosed health care information to enjoin the unlawful disclosure and may seek costs and a penalty pursuant to this bill; * A person who violates the provisions of the bill governing disclosure of health care information is subject, in addition to any other penalties that may be prescribed by law, to: 1. a civil penalty of not more than $ 1,000 plus costs for each such violation, if the violation was due to the person's negligence; 2. a civil penalty of not more than $ 5,000 plus costs for each such violation, if the violation was intentional; or 3. in the case of multiple violations, a civil penalty of not more than $ 10,000, if the violations were intentional and the court finds that these violations have occurred after the provision of due notice of the violating conduct and with sufficient frequency as to constitute a general business practice. The bill takes effect on the 120th day after its enactment, but directs the Commissioner of Banking and Insurance to take anticipatory administrative action in advance as necessary to implement its provisions.

 

Status:

 

01/10/2006 INTRODUCED.

 

Sponsor Information:

Nilsa Cruz-Perez (D - Majority).

 

Sponsor:

Cruz-Perez

 

 

 

New Jersey A.B. 402

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NJ+A.B.+402

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 INTRODUCED.

 

Synopsis:

The Legislature finds and declares that as many as 44,000 to 98,000 people die in hospitals each year as a result of medical errors, making medical errors the eighth leading cause of death in this country; and the Institute of Medicine maintains that technologies such as electronic health records and bed-side bar code systems can help to prevent many of these mistakes. Therefore, this bill establishes the Task Force on Hospital Technology in the Department of Health and Senior Services.

 

Status:

 

01/10/2006 INTRODUCED.

 

Sponsor Information:

Francis L Bodine (R - Minority)

 

Sponsor:

Bodine

 

 

 

South Carolina H.B. 4427

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=SC+H.B.+4427

 

Category:

Pricing

 

Last Action:

01/12/2006 Introduced

 

Synopsis:

Makes technical changes to medical records pricing language.

 

Additional Information:

SECTION 18. Section 42-15-95 of the 1976 Code, as last amended by Act 468 of 1994, is further amended to read:

 

"Section 42-15-95. (A) AS USED IN THIS SECTION, ' MEDICAL AND VOCATIONAL INFORMATION' MEANS INFORMATION COLLECTED IN THE PROCESS OF ASSESSING, PLANNING, COORDINATING, MONITORING, OR EVALUATING THE SERVICES REQUIRED TO ADDRESS A CLAIMANT'S HEALTH CARE NEEDS THROUGH QUALITY CARE PROMOTING OPTIMAL RECOVERY AND REHABILITATION.

 

(B) All existing information compiled by A health care facility, as defined in Section 44-7-130, or a health care provider licensed pursuant to Title 40 SHALL FURNISH ALL MEDICAL AND VOCATIONAL INFORMATION pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys OR REHABILITATION PROFESSIONALS , or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request.

 

(C) A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per FOR EACH page for the first thirty pages and fifty cents per FOR EACH page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per FOR EACH request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. ' Actual cost ' means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.

 

Status:

01/12/2006 Introduced

 

Sponsor Information:

Harry F Cato (R - Majority)

 

Sponsor:

Cato

 

 

 

South Carolina S.B. 1035

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=SC+S.B.+1035

 

Category:

Pricing

 

Last Action:

01/11/2006 To SENATE Committee on JUDICIARY.

 

Synopsis:

Makes technical changes to medical records pricing language.

 

Additional Information:

SECTION 18. Section 42-15-95 of the 1976 Code, as last amended by Act 468 of 1994, is further amended to read:

 

"Section 42-15-95. (A) AS USED IN THIS SECTION, ' MEDICAL AND VOCATIONAL INFORMATION' MEANS INFORMATION COLLECTED IN THE PROCESS OF ASSESSING, PLANNING, COORDINATING, MONITORING, OR EVALUATING THE SERVICES REQUIRED TO ADDRESS A CLAIMANT'S HEALTH CARE NEEDS THROUGH QUALITY CARE PROMOTING OPTIMAL RECOVERY AND REHABILITATION.

 

(B) All existing information compiled by A health care facility, as defined in Section 44-7-130, or a health care provider licensed pursuant to Title 40 SHALL FURNISH ALL MEDICAL AND VOCATIONAL INFORMATION pertaining directly to a workers' compensation claim must be provided to the insurance carrier, the employer, the employee, their attorneys OR REHABILITATION PROFESSIONALS , or the South Carolina Workers' Compensation Commission, within fourteen days after receipt of written request.

 

(C) A health care facility and a health care provider may charge a fee for the search and duplication of a medical record, but the fee may not exceed sixty-five cents per FOR EACH page for the first thirty pages and fifty cents per FOR EACH page for all other pages, and a clerical fee for searching and handling not to exceed fifteen dollars per FOR EACH request plus actual postage and applicable sales tax. The facility or provider may charge a patient or the patient's representative no more than the actual cost of reproduction of an X-ray. ' Actual cost ' means the cost of materials and supplies used to duplicate the X-ray and the labor and overhead costs associated with the duplication.

 

Status:

 

01/11/2006 INTRODUCED.

01/11/2006 To SENATE Committee on JUDICIARY.

 

Sponsor Information:

Scott H Richardson (R - Majority)

 

Sponsor:

Richardson

 

 

 

Utah H.B. 92

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=UT+H.B.+92

 

Category:

Medical Records Privacy

 

Last Action:

01/16/2006 To HOUSE Committee on RULES.

 

Synopsis:

Amends the Utah Medical Practices Act and the Utah Osteopathic Medical Practice Act to establish limitations on the use of noncompetition clauses in physician contracts.

 

Additional Information:

Language as Introduced on January 16, 2006:

 

Section 1. Section 58-67-804 is enacted to read:

 

58-67-804. Limitation of noncompetition agreements.

 

(2) NOTWITHSTANDING SUBSECTION (1), A CONTRACT MAY RESTRICT THE RIGHT OF A PHYSICIAN TO DIRECTLY AND AFFIRMATIVELY SOLICIT THE PATIENTS OF A PRACTICE TO WHICH THE PHYSICIAN IS NO LONGER AFFILIATED, PROVIDED THAT, AT THE TIME OF TERMINATION, A WRITTEN NOTIFICATION IS SENT TO THE PATIENTS WHO HAVE BEEN TREATED BY THE DEPARTING PHYSICIAN EITHER UPON A PATIENT'S REQUEST OR AS OTHERWISE AGREED TO BY THE PARTIES THAT INCLUDES:

 

(A) A STATEMENT REGARDING THE PHYSICIAN'S DEPARTURE;

 

(B) THE DEPARTING PHYSICIAN'S NEW CONTACT INFORMATION;

 

(C) AN OFFER TO FORWARD A COPY OF THE PATIENT'S MEDICAL RECORDS TO THE DEPARTING PHYSICIAN'S NEW PRACTICE LOCATION UPON REQUEST AND THE COST, IF ANY, TO THE PATIENT FOR SUCH REQUEST, WHICH SHALL BE REASONABLE AND BASED ON ACTUAL COSTS AND SHALL BE WAIVED IF PAID FOR BY THE DEPARTING PHYSICIAN; AND

 

(D) A STATEMENT, IF APPLICABLE, OF THE PRACTICE'S DESIRE TO CONTINUE THE RELATIONSHIP WITH THE PATIENT.

 

Section 2. Section 58-68-804 is enacted to read:

 

58-68-804. Limitation of noncompetition agreements.

 

(1) A CONTRACT SHALL BE INVALID TO THE EXTENT THAT IT:

 

(B) (I) IMPOSES ANY FORM OF FINANCIAL PENALTY ON A PHYSICIAN FOR TERMINATING AN EMPLOYMENT, PARTNERSHIP, INDEPENDENT CONTRACTOR, OR ANY OTHER FORM OF A PROFESSIONAL RELATIONSHIP; AND

 

(II) FOR PURPOSES OF THIS SUBSECTION (1)(B), "FINANCIAL PENALTY" DOES NOT INCLUDE:

 

(A) THE ACTUAL COSTS OF RECRUITING THE PHYSICIAN AS DETAILED IN THE CONTRACT AND UP TO 1/2 OF THE PHYSICIAN'S FIRST YEAR SALARY IF TERMINATION OCCURS WITHIN 24 MONTHS FROM THE INITIAL DATE OF SERVICE;

 

(B) THE ACTUAL, REASONABLE, AND QUANTIFIABLE COSTS TO THE PRACTICE THAT ARE DIRECTLY RELATED TO THE PHYSICIAN'S TERMINATION, INCLUDING THE COST OF COPYING AND FORWARDING PATIENT RECORDS; OR

 

(2) NOTWITHSTANDING SUBSECTION (1), A CONTRACT MAY RESTRICT THE RIGHT OF A PHYSICIAN TO DIRECTLY AND AFFIRMATIVELY SOLICIT THE PATIENTS OF A PRACTICE TO WHICH THE PHYSICIAN IS NO LONGER AFFILIATED, PROVIDED THAT, AT THE TIME OF TERMINATION, A WRITTEN NOTIFICATION IS SENT TO THE PATIENTS WHO HAVE BEEN TREATED BY THE DEPARTING PHYSICIAN EITHER UPON A PATIENT'S REQUEST OR AS OTHERWISE AGREED TO BY THE PARTIES THAT INCLUDES:

 

(A) A STATEMENT REGARDING THE PHYSICIAN'S DEPARTURE;

 

(B) THE DEPARTING PHYSICIAN'S NEW CONTACT INFORMATION;

 

(C) AN OFFER TO FORWARD A COPY OF THE PATIENT'S MEDICAL RECORDS TO THE DEPARTING PHYSICIAN'S NEW PRACTICE LOCATION UPON REQUEST AND THE COST, IF ANY, TO THE PATIENT FOR SUCH REQUEST, WHICH SHALL BE REASONABLE AND BASED ON ACTUAL COSTS AND SHALL BE WAIVED IF PAID FOR BY THE DEPARTING PHYSICIAN; AND

 

Status:

 

01/10/2006 PREFILED.

01/16/2006 INTRODUCED.

01/16/2006 To HOUSE Committee on RULES.

 

Sponsor:

McGee

 

 

 

Utah S.B. 57

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=UT+S.B.+57

 

Category:

Medical Records Privacy

 

Last Action:

01/16/2006 To SENATE Committee on HEALTH AND HUMAN SERVICES.

 

Synopsis:

Relates to telehealth for rural utah.

 

Additional Information:

Language as Introduced on January 16, 2006:

 

Section 1. Section 26-9f-104 is amended to read:

 

26-9f-104. Duties and responsibilities.

 

The commission shall:

 

(5) explore and encourage the development of telehealth systems as a means of reducing health costs and increasing health care quality and access , INCLUDING ASSISTING RURAL HEALTH CARE PROVIDERS WITH ACCESS TO OR DEVELOPMENT OF ELECTRONIC MEDICAL RECORDS ;

 

Section 2. Appropriation.

 

AS AN ONGOING APPROPRIATION SUBJECT TO FUTURE BUDGET CONSTRAINTS, THERE IS APPROPRIATED FROM THE GENERAL FUND FOR FISCAL YEAR 2006-07, $ 500,000 TO THE DEPARTMENT OF HEALTH FOR THE UTAH DIGITAL HEALTH SERVICE COMMISSION.

 

Legislative Review Note as of 12-7-05 10:07 AM

 

Based on a limited legal review, this legislation has not been determined to have a high probability of being held unconstitutional.

 

Status:

 

01/11/2006 PREFILED.

01/16/2006 INTRODUCED.

01/16/2006 To SENATE Committee on RULES.

01/16/2006 From SENATE Committee on RULES. To SENATE Standing Committee.

01/16/2006 To SENATE Committee on HEALTH AND HUMAN SERVICES.

 

Sponsor Information:

Beverly Ann Evans (R - Majority).

 

Sponsor:

Evans

 

 

 

Utah S.B. 141

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=UT+S.B.+141

 

Category:

Medical Records Privacy

 

Last Action:

01/16/2006 INTRODUCED.

 

Synopsis:

Relates to response to hippa changes. Allows a physician or health care worker with medical records of a deceased person to recognize the deceased person's surviving spouse or adult child as a personal representative of the deceased person for purposes of access to medical records under state records laws and federal HIPAA laws.

 

Additional Information:

Language as Introduced on January 16, 2006:

 

Section 1. Section 78-25-25.5 is enacted to read:

 

78-25-25.5. Access to medical records of deceased patient.

 

FOR PURPOSES OF SECTION 78-25-25, AND 45 C.F.R., PARTS 160 AND 164, STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION, A HEALTH CARE PROVIDER WITH MEDICAL RECORDS OF A DECEASED PERSON MAY RECOGNIZE THE DECEASED PERSON'S SURVIVING SPOUSE OR AN ADULT CHILD AS A PERSONAL REPRESENTATIVE.

 

Legislative Review Note as of 1-11-06 3:57 PM

 

Based on a limited legal review, this legislation has not been determined to have a high probability of being held unconstitutional.

 

Status:

 

01/16/2006 INTRODUCED.

 

Sponsor Information:

Peter C Knudson (R - Majority)

 

Sponsor:

Knudson

 

 

 

Virginia H.B. 637

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+H.B.+637

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Requires facilities holding health records to notify individuals and allow them to obtain their records before such records are destroyed. This bill also makes technical corrections to outdated references in the Code.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

1. That Sections 32.1-127.1:01 and 54.1-2403.2 of the Code of Virginia are amended and reenacted as follows:

 

Section 32.1-127.1:01. Record storage.

 

A. Medical records HEALTH RECORDS , as defined in Section 42.1-77 32.1-127.1:03 , may be stored by computerized or other electronic process or microfilm, or other photographic, mechanical, or chemical process; however, the stored record shall identify the location of any documents or information that could not be so technologically stored. If the technological storage process creates an unalterable record, the nursing facility, hospital or other licensed health care provider shall not be required to maintain paper copies of medical records that have been stored by computerized or other electronic process, microfilm, or other photographic, mechanical, or chemical process. Upon completing such technological storage, paper copies of medical records may be destroyed in a manner that preserves the patient's confidentiality. However, any documents or information that could not be so technologically stored shall be preserved.

 

B. Notwithstanding the authority of this section to copy patient records in the form of microfilm, prescription dispensing records maintained in or on behalf of any pharmacy registered or permitted in Virginia shall only be stored in compliance with Sections 54.1-3410, 54.1-3411 and 54.1-3412.

 

C. ANY FACILITY STORING HEALTH RECORDS SHALL NOTIFY INDIVIDUALS BY MAIL, AT THE PATIENT'S LAST KNOWN ADDRESS, AND BY PUBLISHING PRIOR NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE PROVIDER'S PRACTICE AREA, AS SPECIFIED IN SECTION 8.01-324. AND ALLOW THEM TO OBTAIN THEIR RECORDS BEFORE SUCH RECORDS MAY BE DESTROYED.

 

Section 54.1-2403.2. Record storage.

 

A. Medical records HEALTH RECORDS , as defined in Section 42.1-77 32.1-127.1:03 , may be stored by computerized or other electronic process or microfilm, or other photographic, mechanical, or chemical process; however, the stored record shall identify the location of any documents or information that could not be so technologically stored. If the technological storage process creates an unalterable record, a health care provider licensed, certified, registered or issued a multistate licensure privilege by a health regulatory board within the Department shall not be required to maintain paper copies of medical records that have been stored by computerized or other electronic process, microfilm, or other photographic, mechanical, or chemical process. Upon completing such technological storage, paper copies of medical records may be destroyed in a manner that preserves the patient's confidentiality. However, any documents or information that could not be so technologically stored shall be preserved.

 

B. Notwithstanding the authority given in this section to store patient records in the form of microfilm, prescription dispensing records maintained in or on behalf of any pharmacy registered or permitted in Virginia shall only be stored in compliance with Sections 54.1-3410, 54.1-3411 and 54.1-3412.

 

C. ANY FACILITY STORING HEALTH RECORDS SHALL NOTIFY INDIVIDUALS BY MAIL, AT THE PATIENT'S LAST KNOWN ADDRESS, AND BY PUBLISHING PRIOR NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE PROVIDER'S PRACTICE AREA, AS SPECIFIED IN SECTION 8.01-324. AND ALLOW THEM TO OBTAIN THEIR RECORDS BEFORE SUCH RECORDS MAY BE DESTROYED.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Clarence E Phillips (D - Minority).

 

Sponsor:

Phillips

 

 

 

Virginia H.B. 691

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+H.B.+691

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Requires the Director of the Department of Corrections to provide each prisoner with certain documents upon discharge.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

1. That Section 53.1-28 of the Code of Virginia is amended and reenacted as follows:

 

Section 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing.

 

For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of thirty 30 days prior to the date upon which such prisoner's term would normally expire. THE DIRECTOR SHALL PROVIDE EACH PRISONER WITH THE FOLLOWING DOCUMENTS UPON DISCHARGE: (I) THE PRISONER'S MEDICAL RECORDS, INCLUDING COPIES OF CURRENT PRESCRIPTIONS AND A PHYSICIAN'S SUMMARY OF CONTINUING OR PENDING MEDICAL TREATMENT; (II) VERIFICATION OF THE PRISONER'S WORK HISTORY WHILE IN CUSTODY; AND (III) CERTIFICATION OF ALL EDUCATIONAL AND TREATMENT PROGRAMS COMPLETED BY THE PRISONER WHILE IN CUSTODY.

 

The Director or his designee upon the discovery of an improper release or discharge of a prisoner from custody shall report such release or discharge to the circuit court of the jurisdiction wherein the prisoner was released or discharged. The circuit court shall then issue a warrant for the arrest of the prisoner which may be executed by any duly sworn correctional officer or law-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility from which he was released or discharged, or to any other correctional facility designated by the Director to serve the remainder of his sentence.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Rosalyn R Dance (D - Minority)

 

Sponsor:

Dance

 

 

 

Virginia H.B. 757

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+H.B.+757

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Requires the Board of Medical Assistance Services to implement and authorizes contracting for the delivery of effective disease management for individuals with chronic mental or physical disorders, the Board must implemeht an online electronic and appropriately encrypted system, including electronic funds transfer prior to dispensing of prescription drugs or delivery of other health services. To expedite the prospective utilization review system, all health records relating to medicaid patients shall be required to be maintained, stored, and transmitted electronically, regardless of the venue of services.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Phillip A Hamilton (R - Majority)

 

Sponsor:

Hamilton

 

 

 

Virginia H.B. 853

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+H.B.+853

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Clarifies that, pursuant to the patient privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act (HIPAA), a minor is deemed to be an adult for the purpose of access to and disclosure of his health records when he has been deemed to be an adult for the purpose of consenting to the relevant medical or health services or surgical or medical treatment in state law. The bill also clarifies that health records may be disclosed by health care entities in connection with the health care entity's own health care operations, as specified in federal regulation (45 C.F.R. §164.501), or in the normal course of business.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

Section 54.1-2969. Authority to consent to surgical and medical treatment of certain minors.

 

K. PURSUANT TO THIS SECTION, ANY MINOR WHO IS DEEMED TO BE AN ADULT FOR THE PURPOSE OF CONSENTING TO MEDICAL OR HEALTH SERVICES OR SURGICAL OR MEDICAL TREATMENT SHALL ALSO BE DEEMED TO BE AN ADULT FOR THE PURPOSE OF ACCESS TO OR AUTHORIZING THE DISCLOSURE OF THE HEALTH RECORDS THAT ARE RELATED TO SUCH SERVICES OR TREATMENT FOR WHICH THE MINOR CONSENTED.

 

L. Nothing in subsection E HEREIN shall prevent a parent, legal guardian or person standing in loco parentis from obtaining (i) the results of a minor's nondiagnostic drug test when the minor is not receiving care, treatment or rehabilitation for substance abuse as defined in Section 37.2-100 or (ii) a minor's other health records, except (A) WHEN THE MINOR IS DEEMED TO BE AN ADULT FOR THE PURPOSE OF ACCESS TO OR AUTHORIZING THE DISCLOSURE OF THE HEALTH RECORDS PURSUANT TO SUBSECTION K; OR (B) when the minor's treating physician or the minor's treating clinical psychologist has determined, in the exercise of his professional judgment, that the disclosure of health records to the parent, legal guardian, or person standing in loco parentis would be reasonably likely to cause substantial harm to the minor or another person pursuant to subsection B of Section 20-124.6.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

John M O'Bannon (R - Majority)

 

Sponsor:

O'Bannon

 

 

 

Virginia H.B. 888

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+H.B.+888

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Requires that any subpoena for witnesses or documents be specifically authorized by a judge of the court in which the case is filed.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

SECTION 8.01-697. ACCESS TO DEPARTMENT OF CORRECTIONS RECORDS.

 

ALL RECORDS MAINTAINED BY THE DEPARTMENT OF CORRECTIONS IN THE NAME OF INDIVIDUAL PRISONERS, INCLUDING PRISONER MEDICAL RECORDS, SHALL BE THE PROPERTY OF THE DEPARTMENT, AND THE PRISONER SHALL HAVE NO LEGAL INTEREST IN THOSE RECORDS. IN ANY CIVIL SUIT SUBJECT TO THIS CHAPTER, WHERE THE COMMONWEALTH, AN AGENCY OF THE COMMONWEALTH, AN EMPLOYEE OF THE COMMONWEALTH, OR A PRIVATE CONTRACTOR PROVIDING SERVICES TO THE DEPARTMENT OF CORRECTIONS IS NAMED AS A DEFENDANT, THE DIRECTOR OF THE DEPARTMENT MAY SHARE ANY RECORDS MAINTAINED BY THE DEPARTMENT IN THE NAME OF THE PRISONER FILING SUIT WITH COUNSEL REPRESENTING THE ABOVE NAMED DEFENDANTS. MEDICAL RECORDS MAINTAINED BY THE DEPARTMENT SHALL BE RELEASED IN COMPLIANCE WITH SECTIONS 8.01-413 AND 32.1-127.1:03 AND FEDERAL LAW. THE DIRECTOR MAINTAINS BROAD DISCRETION TO LIMIT THE ACCESS TO AGENCY RECORDS WHEN DOING SO MAY COMPROMISE SECURITY OR CAUSE AN UNNECESSARY BURDEN ON THE OPERATIONS OF THE DEPARTMENT OF CORRECTIONS.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Terry G Kilgore (R - Majority)

 

Sponsor:

Kilgore

 

 

 

Virginia H.B. 1035

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+H.B.+1035

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Establishes the Office of Inspector General for Medical Assistance Services for the purpose of providing objective review and evaluation of all activities and services of the Department of Medical Assistance Services and investigation and diligent prosecution of provider or recipient fraud and abuse and sets out the powers and duties of the Inspector General, including access to medical records and reporting requirements.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

1. That Section 32.1-127.1:03 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 9 of Title 32.1 an article numbered 3, consisting of sections numbered 32.1-321.5 through 32.1-321.7, as follows:

 

Section 32.1-127.1:03. Health records privacy.

 

A. There is hereby recognized an individual's right of privacy in the content of his health records. Health records are the property of the health care entity maintaining them, and, except when permitted or required by this section or by other provisions of state law, no health care entity, or other person working in a health care setting, may disclose an individual's health records.

 

Pursuant to this subsection:

 

1. Health care entities shall disclose health records to the individual who is the subject of the health record, except as provided in subsections E and F of this section and subsection B of Section 8.01-413.

 

2. Health records shall not be removed from the premises where they are maintained without the approval of the health care entity that maintains such health records, except in accordance with a court order or subpoena consistent with subsection C of Section 8.01-413 or with this section or in accordance with the regulations relating to change of ownership of health records promulgated by a health regulatory board established in Title 54.1.

 

3. No person to whom health records are disclosed shall redisclose or otherwise reveal the health records of an individual, beyond the purpose for which such disclosure was made, without first obtaining the individual's specific authorization to such redisclosure. This redisclosure prohibition shall not, however, prevent (i) any health care entity that receives health records from another health care entity from making subsequent disclosures as permitted under this section and the federal Department of Health and Human Services regulations relating to privacy of the electronic transmission of data and protected health information promulgated by the United States Department of Health and Human Services as required by the Health Insurance Portability and Accountability Act (HIPAA) (42 U.S.C. Section 1320d et seq.) or (ii) any health care entity from furnishing health records and aggregate or other data, from which individually identifying prescription information has been removed, encoded or encrypted, to qualified researchers, including, but not limited to, pharmaceutical manufacturers and their agents or contractors, for purposes of clinical, pharmaco-epidemiological, pharmaco-economic, or other health services research.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Phillip A Hamilton (R - Majority)

 

Sponsor:

Hamilton

 

 

 

Virginia H.B. 1093

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+H.B.+1093

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Relates to the discharge of prisoner; requires the Department of Corrections, if requested, to provide a prisoner with a copy of his medical records.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

1. That Section 53.1-28 of the Code of Virginia is amended and reenacted as follows:

 

Section 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing.

 

For the purpose of scheduling and providing a uniform, effective and continual program of pre-release training and conditioning of prisoners, the Director shall have authority to discharge any prisoner within the Virginia penal system on any day within a period of thirty 30 days prior to the date upon which such prisoner's term would normally expire. UPON DISCHARGE OF A PRISONER, THE DEPARTMENT SHALL PROVIDE SUCH PRISONER WITH A COPY OF HIS MEDICAL RECORDS IF REQUESTED. THE DEPARTMENT SHALL DEVELOP PROCEDURES WHEREIN THE RECORDS ARE TO BE MADE AVAILABLE TO THE PRISONER IN A SAFE AND SECURE MANNER.

 

The Director or his designee upon the discovery of an improper release or discharge of a prisoner from custody shall report such release or discharge to the circuit court of the jurisdiction wherein the prisoner was released or discharged. The circuit court shall then issue a warrant for the arrest of the prisoner which may be executed by any duly sworn correctional officer or law-enforcement officer. Such warrant shall direct that the prisoner be presented forthwith to the court to determine the propriety of the original discharge or release. After a hearing, if the court is satisfied that the release or discharge was made improperly, the prisoner shall be returned to the state correctional facility from which he was released or discharged, or to any other correctional facility designated by the Director to serve the remainder of his sentence.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Edward T Scott (R - Majority).

 

Sponsor:

Scott

 

 

 

Virginia S.B. 340

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+S.B.+340

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 To SENATE Committee on COURTS OF JUSTICE.

 

Synopsis:

Standardizes the removal of cases from district court to circuit court. Among other things, the bill removes term "affidavit of substantial defense" and replaces it with motions and requires a hearing on the motion to remove. The application of the simplified admission of medical records is extended to all cases removed to circuit court, not just those where the claim does not exceed the jurisdictional amount set forth in 17.1-77. This bill is a recommendation of the Boyd-Graves Conference.

 

Additional Information:

Language as Introduced on January 11, 2006:

 

Section 16.1-88.2. Evidence of medical reports or records; testimony of health care provider or custodian of records.

 

In a civil suit tried in a general district court or filed in a general district court and removed to circuit court where the claim does not exceed the jurisdictional amount set forth in Section 16.1-77 to recover damages for personal injuries or to resolve any dispute with an insurance company or health care provider, either party may present evidence as to the extent, nature and treatment of the injury, the examination of the person so injured and the costs of such treatment and examination by a report from the treating or examining health care provider as defined in Section 8.01-581.1 and the records of a hospital or similar medical facility at which the treatment or examination was performed. Such medical report shall be admitted if the party intending to present evidence by the use of a report gives the opposing party or parties a copy of the report and written notice of such intention 10 days in advance of trial and if attached to such report is a sworn statement of the treating or examining health care provider that: (i) the person named therein was treated or examined by such health care provider; (ii) the information contained in the report is true and accurate and fully descriptive as to the nature and extent of the injury; and (iii) that any statement of costs contained in the report is true and accurate. Such hospital or other medical facility record shall be admitted if attached to it is a sworn statement of the custodian thereof that the same is a true and accurate copy of the record of such hospital or other medical facility. If, thereafter, the plaintiff or defendant summons the health care provider or custodian making such statement to testify in proper person or by deposition taken de bene esse, the court shall determine which party shall pay the fee and costs for such appearance or depositions, or may apportion the same among the parties in such proportions as the ends of justice may require. If such health care provider or custodian is not subject to subpoena for cross-examination in court or by a deposition de bene esse, then the court shall allow a reasonable opportunity for the party seeking the subpoena for such health care provider or custodian to obtain his testimony as the ends of justice may require.

 

Status:

 

01/11/2006 INTRODUCED.

01/11/2006 To SENATE Committee on COURTS OF JUSTICE.

 

Sponsor Information:

Mark Obenshain (R - Majority)

 

Sponsor:

Obenshain

 

 

 

Virginia S.B. 569

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VA+S.B.+569

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 INTRODUCED.

 

Synopsis:

Provides that in custody or visitation cases the court may order, for good cause shown, disclosure of otherwise privileged and confidential mental health records concerning a parent. Using the same standard, the court may order the mental health care provider to testify on behalf of or against a parent or adult relative of the parent. The current law does not apply to mental health providers conducting an independent mental health evaluation pursuant to a court order, this bill includes a child's therapist and a co-parenting counselor to that exception. This bill is a recommendation of the Boyd-Graves Conference.

 

Additional Information:

Language as Introduced on January 11, 2006;

 

1. That Section 20-124.3:1 of the Code of Virginia is amended and reenacted as follows:

 

Section 20-124.3:1. Custody and visitation; mental health care records; admissibility.

 

A. Notwithstanding any other provision of law, in any case in which custody or visitation of a minor child is at issue pursuant to Section 20-124.2, whether in a circuit or district court, the records concerning a parent, kept by any licensed mental health care provider and any information obtained during or from therapy shall be privileged and confidential UNLESS DISCLOSURE IS ORDERED BY THE COURT FOR GOOD CAUSE SHOWN .

 

B. In any case in which custody or visitation of a minor child is at issue pursuant to Section 20-124.2, whether in a circuit or district court, a mental health care provider licensed in the Commonwealth may not be required to testify on behalf of or against a parent or any of the parent's adult relatives, and may do so only with the advance written consent of the parent OR BY COURT ORDER FOR GOOD CAUSE SHOWN . If the mental health care provider testifies, such testimony shall be limited to the custody or visitation case in question, and the provider's records and notes regarding that parent shall be admissible in the court proceeding. However, the court may order a licensed mental health care provider to testify on matters specifically related and limited to suspicion of an abused or neglected child as defined in Section 63.2-100 of the Code of Virginia.

 

C. Nothing in this section shall supercede the provisions of Section 63.2-1509 of the Code of Virginia related to the required reporting of suspicion of an abused or neglected child.

 

D. This section shall not apply to mental health care providers SERVING AS A CHILD'S THERAPIST, SERVING AS A CO-PARENTING COUNSELOR WHO IS ENGAGED IN FAMILY COUNSELING OR who have conducted or are conducting an independent mental health evaluation pursuant to a court order.

 

Status:

 

01/11/2006 INTRODUCED.

 

Sponsor Information:

Ryan T McDougle (R - Majority)

 

Sponsor:

McDougle

 

 

 

Washington H.B. 2554

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WA+H.B.+2554

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 To HOUSE Committee on HEALTH CARE.

 

Synopsis:

Relates to improving the quality of health care through the use of health information technologies.

 

Additional Information:

Sec. 2 RCW 41.05.021 and 2005 c 446 s 1 are each amended to read as follows:

 

(1) The Washington state health care authority is created within the executive branch. The authority shall have an administrator appointed by the governor, with the consent of the senate. The administrator shall serve at the pleasure of the governor. The administrator may employ up to seven staff members, who shall be exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter. The administrator may delegate any power or duty vested in him or her by this chapter, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW. The primary duties of the authority shall be to: Administer state employees' insurance benefits and retired or disabled school employees' insurance benefits; administer the basic health plan pursuant to chapter 70.47 RCW; study state-purchased health care programs in order to maximize cost containment in these programs while ensuring access to quality health care; and implement state initiatives, joint purchasing strategies, and techniques for efficient administration that have potential application to all state-purchased health services. The authority's duties include, but are not limited to, the following:

 

 

 

(I)(I) CERTIFYING THAT CERTAIN HEALTH INFORMATION TECHNOLOGIES ACQUIRED BY PERSONS SEEKING THE TAX CREDIT AUTHORIZED IN SECTION 1 OF THIS ACT ARE CONSISTENT WITH RECOGNIZED STATE AND NATIONAL STANDARDS RELATED TO:

 

(A) INTEROPERABILITY;

 

(B) SECURITY;

 

(C) THE PROTECTION OF CONFIDENTIALITY; AND

 

(D) OTHER SUBJECTS DETERMINED APPROPRIATE BY THE HEALTH CARE AUTHORITY; AND

 

(II) MAKING A DETERMINATION THAT STANDARDS RELATED TO INTEROPERABILITY, SECURITY, AND THE PROTECTION OF CONFIDENTIALITY ARE SUFFICIENTLY ESTABLISHED AT THE STATE AND NATIONAL LEVEL TO ENSURE THAT THE CREDITS AUTHORIZED IN SECTION 1 OF THIS ACT WILL ENCOURAGE THE ADOPTION OF HEALTH INFORMATION TECHNOLOGIES THAT ARE COMPATIBLE WITH THE DEVELOPMENT OF A STATEWIDE SYSTEM OF INTEROPERABLE HEALTH INFORMATION TECHNOLOGIES. THE HEALTH CARE AUTHORITY SHALL DEVELOP A LIST OF HEALTH INFORMATION TECHNOLOGIES CERTIFIED AS ELIGIBLE FOR THE TAX CREDIT PROVIDED IN SECTION 1 OF THIS ACT AND PROVIDE THE LIST TO THE DEPARTMENT OF REVENUE NINETY DAYS BEFORE THE LIST BECOMES AVAILABLE TO THE PUBLIC.

 

AS USED IN THIS SUBSECTION, " HEALTH INFORMATION TECHNOLOGIES " MEANS A COMPUTERIZED SYSTEM THAT PROVIDES ACCESS TO PATIENTS' MEDICAL RECORDS IN AN ELECTRONIC FORMAT IN A MANNER CONSISTENT WITH THE REGULATIONS ADOPTED UNDER SECTION 264(C) OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (42 U.S.C. 1320D-2 NOTE) AND CHAPTER 70.02 RCW, AND INCLUDES E-MAIL COMMUNICATION, CLINICAL ALERTS AND REMINDERS, AND OTHER INFORMATION TECHNOLOGIES AS PRESCRIBED BY THE ADMINISTRATOR .

 

Status:

 

01/10/2006 INTRODUCED.

01/10/2006 To HOUSE Committee on HEALTH CARE.

 

Sponsor Information:

William Hinkle (R - Minority)

 

Sponsor:

Hinkle

 

 

 

Washington H.B. 2573

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WA+H.B.+2573

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 To HOUSE Committee on HEALTH CARE.

 

Synopsis:

Relates to health information technology.

 

Additional Information:

Language as Introduced on January 10, 2006:

 

NEW SECTION. Sec. 1 (1) The legislature recognizes that improvements in the quality of health care lead to better health care outcomes for the residents of Washington state and contain health care costs. The improvements are facilitated by the adoption of electronic medical records and other health information technologies.

 

(2) It is the intent of the legislature to encourage all hospitals in the state of Washington to adopt health information technologies by the year 2012.

 

Sec. 3 RCW 41.05.075 and 2005 c 446 s 2 are each amended to read as follows:

 

(7) The administrator shall, in collaboration with other state agencies that administer state purchased health care programs, private health care purchasers, health care facilities, providers, and carriers , :

 

(B) THROUGH STATE HEALTH PURCHASING, REIMBURSEMENT, OR PILOT STRATEGIES, PROMOTE AND INCREASE THE ADOPTION OF HEALTH INFORMATION TECHNOLOGY SYSTEMS, INCLUDING ELECTRONIC MEDICAL RECORDS, BY HOSPITALS AS DEFINED IN RCW 70.41.020(4), THAT:

 

(I) FACILITATE DIAGNOSIS OR TREATMENT;

 

(II) REDUCE UNNECESSARY DUPLICATION OF MEDICAL TESTS;

 

(III) PROMOTE EFFICIENT ELECTRONIC PHYSICIAN ORDER ENTRY;

 

(IV) INCREASE ACCESS TO HEALTH INFORMATION FOR CONSUMERS AND THEIR PROVIDERS; AND

 

(V) IMPROVE HEALTH OUTCOMES;

 

(C) COORDINATE A STRATEGY FOR THE ADOPTION OF HEALTH INFORMATION TECHNOLOGY SYSTEMS USING THE FINAL HEALTH INFORMATION TECHNOLOGY REPORT AND RECOMMENDATIONS DEVELOPED UNDER CHAPTER 261, LAWS OF 2005 .

 

Status:

 

01/10/2006 INTRODUCED.

01/10/2006 To HOUSE Committee on HEALTH CARE.

 

Sponsor Information:

Dawn Morrell (D - Majority)

 

Sponsor:

Morrell

 

 

 

Washington S.B. 6307

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WA+S.B.+6307

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 To SENATE Committee on HEALTH AND LONG-TERM CARE.

 

Synopsis:

Relates to health information technology.

 

Additional Information:

Language as Introduced on January 10, 2006:

 

NEW SECTION. Sec. 1 (1) The legislature recognizes that improvements in the quality of health care lead to better health care outcomes for the residents of Washington state and contain health care costs. The improvements are facilitated by the adoption of electronic medical records and other health information technologies.

 

Sec. 2 RCW 41.05.021 and 2005 c 446 s 1 are each amended to read as follows:

 

(b) To analyze state-purchased health care programs and to explore options for cost containment and delivery alternatives for those programs that are consistent with the purposes of those programs, including, but not limited to:

 

(vi) In collaboration with other state agencies that administer state purchased health care programs, private health care purchasers, health care facilities, providers, and carriers , :

 

(B) THROUGH STATE HEALTH PURCHASING, REIMBURSEMENT, OR PILOT STRATEGIES, PROMOTE AND INCREASE THE ADOPTION OF HEALTH INFORMATION TECHNOLOGY SYSTEMS, INCLUDING ELECTRONIC MEDICAL RECORDS, BY HOSPITALS AS DEFINED IN RCW 70.41.020(4), THAT:

 

(I) FACILITATE DIAGNOSIS OR TREATMENT;

 

(II) REDUCE UNNECESSARY DUPLICATION OF MEDICAL TESTS;

 

(III) PROMOTE EFFICIENT ELECTRONIC PHYSICIAN ORDER ENTRY;

 

(IV) INCREASE ACCESS TO HEALTH INFORMATION FOR CONSUMERS AND THEIR PROVIDERS; AND

 

(V) IMPROVE HEALTH OUTCOMES;

 

(C) COORDINATE A STRATEGY FOR THE ADOPTION OF HEALTH INFORMATION TECHNOLOGY SYSTEMS USING THE FINAL HEALTH INFORMATION TECHNOLOGY REPORT AND RECOMMENDATIONS DEVELOPED UNDER CHAPTER 261, LAWS OF 2005.

 

Sec. 3 RCW 41.05.075 and 2005 c 446 s 2 are each amended to read as follows:

 

(7) The administrator shall, in collaboration with other state agencies that administer state purchased health care programs, private health care purchasers, health care facilities, providers, and carriers , :

 

(2) It is the intent of the legislature to encourage all hospitals in the state of Washington to adopt health information technologies by the year 2012.

 

(B) THROUGH STATE HEALTH PURCHASING, REIMBURSEMENT, OR PILOT STRATEGIES, PROMOTE AND INCREASE THE ADOPTION OF HEALTH INFORMATION TECHNOLOGY SYSTEMS, INCLUDING ELECTRONIC MEDICAL RECORDS, BY HOSPITALS AS DEFINED IN RCW 70.41.020(4), THAT:

 

(I) FACILITATE DIAGNOSIS OR TREATMENT;

 

(II) REDUCE UNNECESSARY DUPLICATION OF MEDICAL TESTS;

 

(III) PROMOTE EFFICIENT ELECTRONIC PHYSICIAN ORDER ENTRY;

 

(IV) INCREASE ACCESS TO HEALTH INFORMATION FOR CONSUMERS AND THEIR PROVIDERS; AND

 

(V) IMPROVE HEALTH OUTCOMES;

 

(C) COORDINATE A STRATEGY FOR THE ADOPTION OF HEALTH INFORMATION TECHNOLOGY SYSTEMS USING THE FINAL HEALTH INFORMATION TECHNOLOGY REPORT AND RECOMMENDATIONS DEVELOPED UNDER CHAPTER 261, LAWS OF 2005 .

 

Status:

 

01/10/2006 INTRODUCED.

01/10/2006 To SENATE Committee on HEALTH AND LONG-TERM CARE.

 

Sponsor Information:

Karen Keiser (D - Majority)

 

Sponsor:

Keiser

 

 

 

West Virginia H.B. 3039

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WV+H.B.+3039

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 To HOUSE Committee on FINANCE.

 

Synopsis:

Provides a tax credit to medical providers in an amount equal to their investment in electronic medical record technology (FN).

 

Additional Information:

Language as Introduced on January 11, 2006:

 

Section 11-27-38. Tax credit for investment in electronic medical record technology.

 

(a) There shall be allowed as a tax credit against the tax imposed by this article, an amount equal to a medical provider's investment in electronic medical record technology.

 

(b) The Tax Commissioner shall prescribe such regulations as necessary to carry out the purposes of this section.

 

NOTE: The purpose of this bill is to provide a tax credit to medical providers in an amount equal to their investment in electronic medical record technology.

 

Section 11-27-38 is new; therefore, strike-throughs and underscoring have been omitted.

 

Status:

 

01/11/2006 INTRODUCED.

01/11/2006 To HOUSE Committee on FINANCE.

 

Sponsor Information:

Mitch B Carmichael (R - Minority)

 

Sponsor:

Carmichael

 

 

 

West Virginia S.B. 170

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WV+S.B.+170

 

Category:

Medical Records Privacy

 

Last Action:

01/16/2006 INTRODUCED.

 

Synopsis:

Creating Health Information Network.

 

Additional Information:

Language as Introduced on January 16, 2006:

 

ARTICLE 29G. WEST VIRGINIA HEALTH INFORMATION NETWORK.

 

Section 16-29G-1. Purpose.

 

(a) The purpose of this article is to create a governmental instrumentality of this state known as the West Virginia Health Information Network under the oversight of the Health Care Authority to promote the design, implementation, operation and maintenance of a network to facilitate public and private use of health care information in the state.

 

(b) It is intended that the network be a public-private partnership for the benefit of all of the citizens of this state.

 

(c) In its fully implemented form, the network is envisioned to support and facilitate, among other things, the following types of electronic transactions or activities over time:

 

(1) Automatic drug-drug interaction and allergy alerts;

 

(2) Automatic preventive medicine alerts;

 

(3) Electronic access to the results of laboratory, X ray, or other diagnostic examinations;

 

(4) Disease management;

 

(5) Disease surveillance and reporting;

 

(6) Educational offerings for health care providers;

 

(7) Health alert system and other applications related to homeland security;

 

(8) Links to evidence -based medical practice;

 

(9) Links to patient educational materials;

 

(10) Medical record information transfer to other providers with the patient's consent;

 

(11) Physician order entry;

 

(12) Prescription drug tracking;

 

(13) Registries for vital statistics, cancer, case management, immunizations, and other public health registries;

 

(14) Secured electronic consultations between providers and patients;

 

(15) A single-source insurance credentialing system for health care providers; and

 

(16) Electronic health care claims submission and processing.

 

(d) The network shall ensure the privacy of patient health care information.

 

Status:

 

01/16/2006 INTRODUCED.

 

Sponsor Information:

Earl Ray Tomblin (D - Majority) (Chamber Leader)

 

Sponsor:

Tomblin

 

 


 

Movement Legislative Entries

 

 

Arizona S.B. 1079

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=AZ+S.B.+1079

 

Category:

Medical Records Privacy

 

Last Action:

01/16/2006 In Senate; HEALTH Committee HELD

 

Synopsis:

Concerns the State Dental Board.

 

Additional Information:

Language as Introduced on January 9, 2006:

 

Sec. 7. Section 32-1264, Arizona Revised Statutes, is amended to read:

 

32-1264. Maintenance of records

 

A. A person licensed or certified pursuant to this chapter shallmake and maintain legible written records concerning all diagnosis, evaluation and treatment of each patient of record. A licensee or certificate holder shall maintain records stored or produced electronically in retrievable paper form. These records shall include:

 

1. All treatment notes , including current health history and clinical examinations.

 

2. Prescription and dispensing information , including all drugs, medicaments and dental materials used for patient care.

 

3. Diagnosis and treatment planning.

 

4. Dental and periodontal charting. Specialist charting must include areas of requested care and notation of visual oral examination describing any areas of potential pathology or radiographic irregularities.

 

5. All radiographs.

 

B. Records shall be available for review and for treatment purposes to the dentist, dental hygienist or denturist providing care.

 

C. On request, the licensee or certificate holder shall make these ALLOW PROPERLY AUTHORIZED BOARD PERSONNEL TO HAVE ACCESS TO THE LICENSEE'S OR CERTIFICATE HOLDER'S BUSINESS PREMISES TO CONDUCT AN INSPECTION AND MUST MAKE THE LICENSEE'S OR CERTIFICATE HOLDER'S records , BOOKS AND DOCUMENTS available to the board as part of an investigation process.

 

D. On a patient's request, that patient's dentist, dental hygienist or denturist shalltransfer legible and diagnostic quality copies of that patient's records to another licensee or certificate holder or that patient. The patient may be charged for the reasonable costs of copying and forwarding these records.

 

E. UNLESS OTHERWISE REQUIRED BY LAW, A PERSON LICENSED OR CERTIFIED PURSUANT TO THIS CHAPTER MUST RETAIN THE ORIGINAL OR A COPY OF A PATIENT'S DENTAL RECORDS AS FOLLOWS:

 

1. IF THE PATIENT IS AN ADULT, FOR AT LEAST SIX YEARS AFTER THE LAST DATE THE ADULT PATIENT RECEIVED DENTAL SERVICES FROM THAT PROVIDER.

 

2. IF THE PATIENT IS A CHILD, FOR AT LEAST THREE YEARS AFTER THE CHILD'S EIGHTEENTH BIRTHDAY OR FOR AT LEAST SIX YEARS AFTER THE LAST DATE THE CHILD RECEIVED DENTAL SERVICES FROM THE PROVIDER, WHICHEVER OCCURS LATER.

 

Status:

01/10/2006 In Senate; First Read; Assigned to SENATE HEALTH Committee; Assigned to SENATE RULES Committee

01/11/2006 In Senate; Second Read

01/16/2006 In Senate; HEALTH Committee HELD

 

Sponsor Information:

John Allen (R - Majority)

 

Sponsor:

Allen

 

 

 

Florida S.B. 176

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+S.B.+176

 

Category:

Medical Records Privacy

 

Last Action:

01/13/2006 In Senate; On Committee agenda-- Health Care, 01/25/06

 

Synopsis:

Exempts from public- records requirements information and records reported to the Department of Health under a electronic monitoring system for prescription of controlled substances listed in Schedules II-IV; authorizes certain persons and entities access to patient -identifying information; provides guidelines for use of such information and penalties for violations; provides for future legislative review and repeal.

 

Additional Information:

Language as Prefiled on September 12, 2005:

 

Section 1. Section 893.056, Florida Statutes, is created to read: 893.056 PUBLIC-RECORDS EXEMPTION FOR THE ELECTRONIC -MONITORING SYSTEM FOR PRESCRIPTION OF CONTROLLED SUBSTANCES LISTED IN SCHEDULES II, III, AND IV.--

 

(1) PERSONAL IDENTIFYING INFORMATION OF A PATIENT, A PRACTITIONER AS DEFINED IN S. 893.02, OR A PHARMACIST AS DEFINED IN S. 465.003, WHICH IS CONTAINED IN RECORDS HELD BY THE DEPARTMENT OF HEALTH UNDER S. 893.055, ELECTRONIC -MONITORING SYSTEM FOR PRESCRIPTION OF CONTROLLED SUBSTANCES, IS CONFIDENTIAL AND EXEMPT FROM S. 119.07(1) AND S. 24(A), ART. I OF THE STATE CONSTITUTION.

 

(2) THE DEPARTMENT OF HEALTH SHALL DISCLOSE SUCH CONFIDENTIAL AND EXEMPT INFORMATION TO:

 

(A) THE AGENCY FOR HEALTH CARE ADMINISTRATION WHEN IT HAS INITIATED A REVIEW OF SPECIFIC IDENTIFIERS OF MEDICAID FRAUD AND ABUSE.

 

(B) A CRIMINAL JUSTICE AGENCY AS DEFINED IN S. 119.011, WHICH ENFORCES THE LAWS OF THIS STATE OR THE UNITED STATES RELATING TO CONTROLLED SUBSTANCES AND WHICH HAS INITIATED AN ACTIVE INVESTIGATION INVOLVING A SPECIFIC VIOLATION OF LAW.

 

(C) A PRACTITIONER AS DEFINED IN S. 893.02, OR AN EMPLOYEE OF THE PRACTITIONER WHO IS ACTING ON BEHALF OF AND AT THE DIRECTION OF THE PRACTITIONER, WHO REQUESTS SUCH INFORMATION AND CERTIFIES THAT THE INFORMATION IS NECESSARY TO PROVIDE MEDICAL TREATMENT TO A CURRENT PATIENT IN ACCORDANCE WITH S. 893.05, SUBJECT TO THAT PATIENT'S WRITTEN CONSENT.

 

(D) A PHARMACIST AS DEFINED IN S. 465.003, OR A PHARMACY INTERN OR PHARMACY TECHNICIAN WHO IS ACTING ON BEHALF OF AND AT THE DIRECTION OF THE PHARMACIST, WHO REQUESTS SUCH INFORMATION AND CERTIFIES THAT THE REQUESTED INFORMATION WILL BE USED TO DISPENSE CONTROLLED SUBSTANCES TO A CURRENT PATIENT IN ACCORDANCE WITH S. 893.04.

 

(E) TO THE PATIENT WHO IS IDENTIFIED IN THE RECORD UPON A WRITTEN REQUEST FOR THE PURPOSE OF VERIFYING THAT INFORMATION.

 

(3) ANY AGENCY THAT OBTAINS SUCH CONFIDENTIAL AND EXEMPT INFORMATION PURSUANT TO THIS SECTION MUST MAINTAIN THE CONFIDENTIAL AND EXEMPT STATUS OF THAT INFORMATION; HOWEVER, THE AGENCY FOR HEALTH CARE ADMINISTRATION OR A CRIMINAL JUSTICE AGENCY WITH LAWFUL ACCESS TO SUCH INFORMATION MAY DISCLOSE CONFIDENTIAL AND EXEMPT INFORMATION RECEIVED FROM THE DEPARTMENT OF HEALTH TO A CRIMINAL JUSTICE AGENCY AS PART OF AN ACTIVE INVESTIGATION OF A SPECIFIC VIOLATION OF LAW.

 

(4) ANY PERSON WHO WILLFULLY AND KNOWINGLY VIOLATES THIS SECTION COMMITS A FELONY OF THE THIRD DEGREE, PUNISHABLE AS PROVIDED IN S. 775.082 OR S. 775.083.

 

(5) THIS SECTION IS SUBJECT TO THE OPEN GOVERNMENT SUNSET REVIEW ACT OF 1995 IN ACCORDANCE WITH S. 119.15, AND SHALL STAND REPEALED ON OCTOBER 2, 2011, UNLESS REVIEWED AND SAVED FROM REPEAL THROUGH REENACTMENT BY THE LEGISLATURE.

 

Section 2. THE LEGISLATURE FINDS THAT IT IS A PUBLIC NECESSITY THAT PERSONAL IDENTIFYING INFORMATION OF A PATIENT, A PRACTITIONER AS DEFINED IN S. 893.02, FLORIDA STATUTES, OR A PHARMACIST AS DEFINED IN S. 465.003, FLORIDA STATUTES, CONTAINED IN RECORDS THAT ARE REPORTED TO THE DEPARTMENT OF HEALTH UNDER S. 893.055, FLORIDA STATUTES, THE ELECTRONIC -MONITORING SYSTEM FOR PRESCRIPTION OF CONTROLLED SUBSTANCES, BE MADE CONFIDENTIAL AND EXEMPT. INFORMATION CONCERNING THE PRESCRIPTIONS THAT A PATIENT HAS BEEN PRESCRIBED IS A PRIVATE, PERSONAL MATTER BETWEEN THE PATIENT, THE PRACTITIONER, AND THE PHARMACIST. NEVERTHELESS, REPORTING OF PRESCRIPTIONS ON A TIMELY AND ACCURATE BASIS BY PRACTITIONERS AND PHARMACISTS WILL ENSURE THE ABILITY OF THE STATE TO REVIEW AND PROVIDE OVERSIGHT OF PRESCRIBING AND DISPENSING PRACTICES. FURTHER, THE REPORTING OF THIS INFORMATION WILL FACILITATE INVESTIGATIONS AND PROSECUTIONS OF VIOLATIONS OF STATE DRUG LAWS BY PATIENTS, PRACTITIONERS, OR PHARMACISTS, THEREBY INCREASING COMPLIANCE WITH THOSE LAWS. IF, IN THE PROCESS, HOWEVER, THE INFORMATION THAT WOULD IDENTIFY A PATIENT IS NOT MADE CONFIDENTIAL AND EXEMPT, ANY PERSON COULD INSPECT AND COPY THE RECORD AND BE AWARE OF THE PRESCRIPTIONS THAT A PATIENT HAS BEEN PRESCRIBED. THE AVAILABILITY OF SUCH INFORMATION TO THE PUBLIC WOULD RESULT IN THE INVASION OF THE PATIENT'S PRIVACY. IF THE IDENTITY OF THE PATIENT COULD BE CORRELATED WITH HIS OR HER PRESCRIPTIONS, IT WOULD BE POSSIBLE FOR THE PUBLIC TO BECOME AWARE OF THE DISEASES OR OTHER MEDICAL CONCERNS THAT A PATIENT IS BEING TREATED FOR BY HIS OR HER PHYSICIAN. THIS KNOWLEDGE COULD BE USED TO EMBARRASS OR TO HUMILIATE A PATIENT OR TO DISCRIMINATE AGAINST HIM OR HER. REQUIRING THE REPORTING OF PRESCRIBING INFORMATION, WHILE PROTECTING A PATIENT'S PERSONAL IDENTIFYING INFORMATION, WILL FACILITATE EFFORTS TO MAINTAIN COMPLIANCE WITH THE STATE'S DRUG LAWS AND WILL FACILITATE THE SHARING OF INFORMATION BETWEEN HEALTH CARE PRACTITIONERS AND PHARMACISTS, WHILE MAINTAINING AND ENSURING PATIENT PRIVACY. ADDITIONALLY, EXEMPTING PERSONAL IDENTIFYING INFORMATION OF DOCTORS AND PHARMACISTS WILL ENSURE THAT AN INDIVIDUAL WILL NOT BE ABLE TO "DOCTOR-SHOP," THAT IS TO DETERMINE WHICH DOCTORS PRESCRIBE THE HIGHEST AMOUNT OF A PARTICULAR TYPE OF DRUG AND TO SEEK THOSE DOCTORS OUT IN ORDER TO INCREASE THE LIKELIHOOD OF OBTAINING A PARTICULAR PRESCRIBED SUBSTANCE. FURTHER, PROTECTING PERSONAL IDENTIFYING INFORMATION OF PHARMACISTS ENSURES THAT AN INDIVIDUAL WILL NOT BE ABLE TO IDENTIFY WHICH PHARMACISTS DISPENSE THE LARGEST AMOUNT OF A PARTICULAR SUBSTANCE AND TARGET THAT PHARMACY FOR ROBBERY OR BURGLARY. THUS, THE LEGISLATURE FINDS THAT PERSONAL IDENTIFYING INFORMATION OF A PATIENT, A PRACTITIONER AS DEFINED IN S. 893.02, FLORIDA STATUTES, OR A PHARMACIST AS DEFINED IN S. 465.003, FLORIDA STATUTES, CONTAINED IN RECORDS REPORTED UNDER S. 893.055, FLORIDA STATUTES, MUST BE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. Section 3. This act shall take effect July 1, 2006, if Senate Bill ____, or similar legislation establishing an electronic system to monitor the prescribing of controlled substances, is adopted in the same legislative session or an extension thereof and becomes law.

 

Status:

09/12/2005 In Senate; Filed

10/26/2005 In Senate; Referred to Health Care; Criminal Justice; Governmental Oversight and Productivity; Health and Human Services Appropriations; Rules and Calendar

01/13/2006 In Senate; On Committee agenda-- Health Care, 01/25/06

 

Sponsor Information:

Burt L. Saunders (R-Majority)

 

Sponsor:

Saunders

 

 

 

Florida S.B. 1332

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+S.B.+1332

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 PREFILED.

 

Synopsis:

Relates to health care information and the Transparency Act; specifies purpose of Coordinated Health Care Information and Transparency Act; renames State Center for Health Statistics as the Center for Health Information and Policy Analysis; revises center's duties; requires the Agency for Health Care Administration to oversee and manage health care data from certain state agencies; revises number of most frequently prescribed medicines for which retail prices may be statistically collected.

 

Additional Information:

Renames the State Center for Health Statistics as the Florida Center for Health Information and Policy Analysis. Revises the center's duties. Authorizes the Agency for Health Care Administration to manage and monitor certain grants. Requires the agency to oversee and manage health care data from certain state agencies. Deletes the agency's requirement to establish the Comprehensive Health Information System Trust Fund. Renames the State Comprehensive Health Information System Advisory Council as the State Consumer Comprehensive Health Information and Policy Advisory Council. Revises the membership of the State Consumer Health Information and Policy Advisory Council. Provides duties of the council. Provides that data submitted by health care providers may include professional organizations and specialty board affiliations. Requires the Secretary of Health Care Administration to ensure the coordination of health care data. Revises the number of most frequently prescribed medicines for which the retail prices may be statistically collected for a special study. Revises the date by which the agency shall make available on its Internet website certain drug prices. Deletes a requirement that a provider hospital assist the agency in determining the impact of ch. 408, F.S., on caesarean section rates.

 

Status:

 

01/10/2006 PREFILED.

 

Sponsor Information:

Mike Fasano (R - Majority)

 

Sponsor:

Fasano

 

 

 

Florida S.B. 7060

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+S.B.+7060

 

Category:

Medical Records Privacy

 

Last Action:

01/11/2006 In Senate; Submit as committee bill by Health Care (SB 1408)

 

Synopsis:

Requires a health care practitioner's employer who is a records owner and a records custodian to comply with specified requirements for confidentiality and disclosure. Provides that certain requirements on written prescriptions of medicinal drugs be limited to handwritten prescriptions by health care practitioners. Specifies requirements for a prescriber to prevent generic substitution of brand name drugs when a prescription is electronically transmitted or generated

 

Additional Information:

Language as Provisionally Filed on December 19, 2005:

 

Section 1. Present subsections (3) through (19) of section 456.057, Florida Statutes, are redesignated as subsections (5) through (21), respectively, and new subsections (3) and (4) are added to that section, to read: 456.057 Ownership and control of patient records; report or copies of records to be furnished.--

 

(3) AS USED IN THIS SECTION, THE TERM "RECORDS CUSTODIAN" MEANS ANY PERSON OR ENTITY THAT:

 

(A) MAINTAINS DOCUMENTS THAT ARE AUTHORIZED IN SUBSECTION (2); OR

 

(B) OBTAINS MEDICAL RECORDS FROM A RECORDS OWNER.

 

(4) ANY HEALTH CARE PRACTITIONER'S EMPLOYER WHO IS A RECORDS OWNER AND ANY RECORDS CUSTODIAN SHALL MAINTAIN RECORDS OR DOCUMENTS AS PROVIDED UNDER THE CONFIDENTIALITY AND DISCLOSURE REQUIREMENTS OF THIS SECTION.

 

Section 2. Section 456.42, Florida Statutes, is amended to read: 456.42 HANDWRITTEN Written prescriptions for medicinal drugs.--A HANDWRITTEN written prescription for a medicinal drug issued by a health care practitioner licensed by law to prescribe such drug must be legibly printed or typed so as to be capable of being understood by the pharmacist filling the prescription; must contain the name of the prescribing practitioner, the name and strength of the drug prescribed, the quantity of the drug prescribed in both textual and numerical formats, and the directions for use of the drug; must be dated with the month written out in textual letters; and must be signed by the prescribing practitioner on the day when issued.

 

Section 3. Subsection (2) of section 465.025, Florida Statutes, is amended to read: 465.025 Substitution of drugs.--

 

(2) A pharmacist who receives a prescription for a brand name drug shall, unless requested otherwise by the purchaser, substitute a less expensive, generically equivalent drug product that is:

 

(a) Distributed by a business entity doing business, and subject to suit and service of legal process, in the United States; and

 

(b) Listed in the formulary of generic and brand name drug products as provided in subsection (5) for the brand name drug prescribed, unless the prescriber writes the words "MEDICALLY NECESSARY," in her or his own handwriting, on the face of a written prescription ; or unless, in the case of an oral prescription, the prescriber expressly indicates to the pharmacist that the brand name drug prescribed is medically necessary ; OR UNLESS, IN THE CASE OF A PRESCRIPTION THAT IS ELECTRONICALLY GENERATED AND TRANSMITTED, THE PRESCRIBER MAKES AN OVERT ACT WHEN TRANSMITTING THE PRESCRIPTION TO INDICATE THAT THE BRAND NAME DRUG PRESCRIBED IS MEDICALLY NECESSARY . WHEN DONE IN CONJUNCTION WITH THE ELECTRONIC TRANSMISSION OF THE PRESCRIPTION, THE PRESCRIBER'S OVERT ACT INDICATES TO THE PHARMACIST THAT THE BRAND NAME DRUG PRESCRIBED IS MEDICALLY NECESSARY.

 

Section 4. This act shall take effect July 1, 2006.

 

Status:

12/19/2005 In Senate; Submitted for consideration by Health Care

12/28/2005 In Senate; On Committee agenda-- Health Care, 01/11/06

01/11/2006 In Senate; Submit as committee bill by Health Care (SB 1408)

 

Sponsor Information:

Senate Committee on Health, Aging and Long-Term Care

 

Sponsor:

Senate Committee on Health, Aging and Long-Term Care

 

 

 

Mississippi S.B. 2120

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MS+S.B.+2120

 

Category:

Medical Records Privacy

 

Last Action:

01/04/2006 In Senate; Referred To Public Health and Welfare

 

Synopsis:

Bill of rights for patients and residents of health care facilities; provide.

 

Additional Information:

Language as Introduced on January 4, 2006:

 

SECTION 9. Information about treatment. Patients and residents shall be given by their physicians complete and current information concerning their diagnosis, treatment, alternatives, risks and prognosis as required by the physician's legal duty to disclose. This information shall be in terms and language the patients or residents can reasonably be expected to understand. Patients and residents may be accompanied by a family member or other chosen representative. This information shall include the likely medical or major psychological results of the treatment and its alternatives. In cases where it is medically inadvisable, as documented by the attending physician in a patient's or resident's medical record, the information shall be given to the patient's or resident's guardian or other person designated by the patient or resident as a representative. Individuals have the right to refuse this information.

 

SECTION 16. Confidentiality of records. Patients and residents shall be assured confidential treatment of their personal and medical records, and may approve or refuse their release to any individual outside the facility. Residents shall be notified when personal records are requested by any individual outside the facility and may select someone to accompany them when the records or information are the subject of a personal interview. Copies of records and written information from the records shall be made available in accordance with this section and Section 41-9-61. This right does not apply to complaint investigations and inspections by the Department of Health, where required by third-party payment contracts, or where otherwise provided by law.

 

SECTION 17. Disclosure of services available. Patients and residents shall be informed, prior to or at the time of admission and during their stay, of services which are included in the facility's basic per diem or daily room rate and that other services are available at additional charges. Facilities shall make every effort to assist patients and residents in obtaining information regarding whether the Medicare or medical assistance program will pay for any or all of the aforementioned services.

 

Status:

01/04/2006 In Senate; Referred To Public Health and Welfare

 

Sponsor Information:

Bob M Dearing (D - Majority) (Chamber Leader).

 

Sponsor:

Dearing

 

 

 

Mississippi S.B. 2294

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MS+S.B.+2294

 

Category:

Medical Records Privacy

 

Last Action:

01/05/2006 In Senate; Referred To Public Health and Welfare

 

Synopsis:

Mississippi Patient Safety Act; create.

 

Additional Information:

Language as Introduced on January 5, 2006:

 

SECTION 17. (1) The provisions of this section regarding the confidentiality of information or materials compiled or reported by a hospital in compliance with or as authorized under this act do not restrict access, to the extent authorized by law, by the patient or the patient's legally authorized representative to records of the patient's medical diagnosis or treatment or to other primary health records.

 

(2) It is the expressed intent of the Legislature that a patient's right of confidentiality shall not be violated in any manner. Patient social security numbers and any other information that could be used to identify an individual patient shall not be released notwithstanding any other provision of law.

 

Status:

01/05/2006 In Senate; Referred To Public Health and Welfare

 

Sponsor Information:

Bob M Dearing (D - Majority) (Chamber Leader)

 

Sponsor:

Dearing

 

 

 

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

 

 

 

New Hampshire H.B. 1702

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NH+H.B.+1702

 

Category:

Medical Records Privacy

 

Last Action:

01/04/2006 To HOUSE Committee on COMMERCE.

 

Synopsis:

Establishes a New Hampshire health access corporation and health access fund modeled on the healthy kids corporation and allows the healthy kids corporation to cover adults.

 

Additional Information:

Language as Introduced on January 4, 2006:

 

6 Confidentiality. Amend RSA 126-H:8 to read as follows:

 

126-H:8 Confidentiality. Notwithstanding any provision of law to the contrary, the corporation shall have access to the medical records of AN ADULT, AND a child , upon receipt of permission from a parent or guardian of the child. Such medical records may be maintained by state and local agencies. Any confidential information obtained by the corporation pursuant to this section shall remain confidential and shall not be subject to RSA 91-A.

 

Status:

 

12/29/2005 PREFILED.

12/29/2005 Filed as LSR 2257

01/04/2006 INTRODUCED.

01/04/2006 To HOUSE Committee on COMMERCE.

 

Sponsor Information:

Peter B Schmidt (D - Minority)

 

Sponsor:

Schmidt

 

 

 

New York S.B. 5756

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+S.B.+5756

 

Category:

Medical Records Privacy

 

Last Action:

01/18/2006 Committee meeting set for Senate Aging

 

Synopsis:

Expands the provisions of the elder law and adds various provisions relating thereto.

 

Additional Information:

Language as Introduced on June 16, 2005:

 

SECTION 225. LONG TERM CARE OMBUDSMAN. 1. OFFICE ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE OFFICE AN OFFICE OF THE STATE LONG TERM CARE OMBUDSMAN FOR THE PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING APPLICANTS, PATIENTS AND RESIDENTS IN LONG TERM CARE FACILITIES AND, WHERE APPROPRIATE, REFERRING COMPLAINTS TO APPROPRIATE INVESTIGATORY AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES.

 

6. RECORD ACCESS. (A)(I) THE STATE OMBUDSMAN, WITH THE APPROVAL OF THE DIRECTOR, MAY APPROVE AND CERTIFY ONE OR MORE PREVIOUSLY DESIGNATED LOCAL OMBUDSMEN OR STATE REPRESENTATIVES AS A RECORDS ACCESS OMBUDSMAN UPON THEIR HAVING COMPLETED THE TRAINING PROGRAM FOR RECORDS ACCESS OMBUDSMAN SET OUT IN PARAGRAPH (B) OF THIS SUBDIVISION; AND (II) A RECORDS ACCESS OMBUDSMAN SHALL BE AN EMPLOYEE OF THE OFFICE OF THE STATE OMBUDSMAN OR OF THE LOCAL ENTITY DESIGNATED TO CARRY OUT A LOCAL OMBUDSMAN PROGRAM, EXCEPT THAT THE STATE OMBUDSMAN MAY CERTIFY AS A RECORDS ACCESS OMBUDSMAN A VOLUNTEER UNDER THE DIRECT SUPERVISION OF THE STATE OMBUDSMAN OR OF THE SUPERVISOR OF THE LOCAL PROGRAM, WHICHEVER IS APPROPRIATE, IF SUCH VOLUNTEER IS LICENSED OR CERTIFIED IN A MEDICAL, LEGAL, OR SOCIAL WORK PROFESSION, OR WHOSE EXPERIENCE AND TRAINING DEMONSTRATE EQUIVALENT COMPETENCY IN MEDICAL AND PERSONAL RECORDS REVIEW.

 

(B) EXCEPT AS OTHERWISE PROVIDED BY LAW, NO PERSON, INCLUDING THE STATE OMBUDSMAN, HIS OR HER AUTHORIZED REPRESENTATIVES, OR ANY LOCAL OMBUDSMAN, SHALL BE AUTHORIZED TO HAVE ACCESS TO OR REVIEW THE MEDICAL OR PERSONAL RECORDS OF A PATIENT OR RESIDENT PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-C OF THE PUBLIC HEALTH LAW AND SECTION FOUR HUNDRED SIXTY-ONE-A OF THE SOCIAL SERVICES LAW OR PURSUANT TO WRITTEN CONSENT TO SUCH ACCESS BY THE PATIENT OR RESIDENT, OR HIS OR HER LEGAL REPRESENTATIVE UNLESS SUCH PERSON HAS BEEN:

 

(I) CERTIFIED AS HAVING SATISFACTORILY COMPLETED A TRAINING PROGRAM PRESCRIBED BY THE OFFICE AND DESIGNED, AMONG OTHER PURPOSES, TO (A) IMPRESS UPON THE PARTICIPANT THE VALUE, PURPOSE, AND CONFIDENTIALITY OF MEDICAL AND PERSONAL RECORDS, (B) FAMILIARIZE THE PARTICIPANT WITH THE OPERATIONAL ASPECTS OF LONG TERM CARE FACILITIES, AND (C) DEAL WITH THE MEDICAL AND PSYCHO-SOCIAL NEEDS OF PATIENTS OR RESIDENTS IN SUCH FACILITIES; AND (II) CERTIFIED AS A RECORDS ACCESS OMBUDSMAN BY THE STATE OMBUDSMAN.

 

(C) NO OMBUDSMAN SHALL DISCLOSE THE IDENTITY OF THE RESIDENT OR COMPLAINANT THAT MADE A COMPLAINT TO THE OMBUDSMAN UNLESS:

 

(I) THE COMPLAINANT OR RESIDENT OR HIS OR HER LEGAL REPRESENTATIVE GIVES WRITTEN CONSENT TO THE OMBUDSMAN, EXCEPT THAT WRITTEN CONSENT SHALL ALSO INCLUDE THE RESIDENT OR COMPLAINANT GIVING ORAL CONSENT THAT IS DOCUMENTED CONTEMPORANEOUSLY IN A WRITING MADE BY THE OMBUDSMAN WITH THE AGREEMENT OF THE COMPLAINANT OR RESIDENT AND IN ACCORDANCE WITH REQUIREMENTS ESTABLISHED BY THE DIRECTOR; OR (II) PURSUANT TO A COURT ORDER.

 

(D) NO OMBUDSMAN SHALL DISCLOSE TO ANY PERSON OUTSIDE OF THE OMBUDSMAN PROGRAM ANY INFORMATION OBTAINED FROM A PATIENT'S OR RESIDENT'S RECORDS WITHOUT THE APPROVAL OF THE STATE OMBUDSMAN OR HIS OR HER DESIGNEE, IN ACCORDANCE WITH PROCEDURES FOR DISCLOSURE ESTABLISHED BY THE DIRECTOR IN CONSULTATION WITH THE STATE OMBUDSMAN. SUCH APPROVAL IS NOT REQUIRED FOR SUSPECTED INSTANCES OF PHYSICAL ABUSE, MISTREATMENT OR NEGLECT OR MEDICAID FRAUD AND, SUBJECT TO WITHHOLDING IDENTIFYING INFORMATION OF A NON-CONSENTING COMPLAINANT OR RESIDENT UNDER PARAGRAPH (C) OF THIS SUBDIVISION, A LOCAL OMBUDSMAN OR STATE REPRESENTATIVE SHALL PROVIDE NEEDED FILE INFORMATION TO THE APPROPRIATE STATE AND FEDERAL REGULATORY AUTHORITIES AND COOPERATE WITH THEM TO HELP FURTHER THEIR INVESTIGATION.

 

(E) NO RECORDS ACCESS OR OTHER OMBUDSMAN WHO DIRECTLY OR INDIRECTLY OBTAINS ACCESS TO A PATIENT'S OR RESIDENT'S MEDICAL OR PERSONAL RECORDS PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-C OF THE PUBLIC HEALTH LAW SHALL DISCLOSE TO SUCH PATIENT OR RESIDENT OR TO ANY OTHER PERSON OUTSIDE OF THE OMBUDSMAN PROGRAM THE CONTENT OF ANY SUCH RECORDS TO WHICH SUCH PATIENT, RESIDENT OR OTHER PERSON HAD NOT PREVIOUSLY HAD THE RIGHT OF ACCESS, PROVIDED THAT THIS RESTRICTION SHALL NOT PREVENT SUCH OMBUDSMAN FROM ADVISING SUCH PATIENT OR RESIDENT OF THE STATUS OR PROGRESS OF AN INVESTIGATION OR COMPLAINT PROCESS INITIATED AT THE REQUEST OF SUCH PATIENT OR RESIDENT OR FROM REFERRING SUCH COMPLAINT, TOGETHER WITH THE RELEVANT RECORDS, TO APPROPRIATE INVESTIGATORY AGENCIES. ANY PERSON WHO INTENTIONALLY VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR ABRIDGE ANY RIGHT OF ACCESS TO RECORDS, INCLUDING FINANCIAL RECORDS, OTHERWISE AVAILABLE TO OMBUDSMEN, PATIENTS OR RESIDENTS, OR ANY OTHER PERSON.

 

Status:

06/16/2005 Introduced and referred to committee on Senate Rules

06/21/2005 Reported from committee on Senate Rules

06/22/2005 Laid out for discussion; Passed Senate (Vote Y: 58/N: 0); Delivered to the Assembly; Referred to Assembly Aging

01/04/2006 Failed to advance; Returned to Senate and referred to Senate Rules

01/18/2006 Committee meeting set for Senate Aging

 

Sponsor:

Martin J. Golden (R-Majority)

 

 

 

Wisconsin A.B. 738

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+A.B.+738

 

Category:

Medical Records Privacy

 

Last Action:

01/12/2006 In Assembly; Fiscal estimate received .

 

Synopsis:

This bill requires notification of the unauthorized acquisition of personal information that is stored on a computer or other electronic medium (unauthorized acquisition). Under the bill, personal information includes an individual's social security number, medical data, and data relating to financial accounts or transactions, but not information that is available to the public.

 

Additional Information:

Language as Introduced on October 11, 2005:

 

Use of social security numbers on state civil service exams

 

The bill prohibits an applicant's social security number from being used for the purpose of identifying the applicant on any examination for a position in the state civil service system.

 

Notification of unauthorized acquisitions of computerized personal information

 

This bill requires notification of the unauthorized acquisition of personal information that is stored on a computer or other electronic medium (unauthorized acquisition). Under the bill, personal information includes an individual's social security number, medical data, and data relating to financial accounts or transactions, but not information that is available to the public.

 

Under the bill, if a person that owns or licenses computerized personal information knows or has reason to know of an unauthorized acquisition, the person must give notice to the individual who is the subject of the information that was acquired and to at least three major credit reporting agencies. The bill requires that the notice to the individual contain certain information, including a warning that an unauthorized acquisition may adversely affect the individual's credit rating, an advisory to monitor the individual's credit information, and telephone numbers and addresses for at least three major credit reporting agencies. The notice must be in writing, except that, if a person is required to give notice to more than one individual as a result of a single unauthorized acquisition and the cost of giving written notice to all individuals would exceed $ 250,000, notice may be given by doing all of the following:

 

1) sending an electronic mail message to the individuals;

 

2) posting a notice on the Internet; and

 

3) notifying news media. The bill requires that a notice to credit reporting agencies include the name of the individual who is the subject of the unauthorized disclosure and a general identification of the type of information that was acquired.

 

Also under the bill, if a person that maintains computerized personal information owned or licensed by another knows or has reason to know that the information has been acquired by a person not authorized to do so by the owner or licensee of the information, that person must notify the owner or licensee.

 

The bill provides that the Department of Justice or the district attorney may bring an action for an injunction against a person who violates the provisions of the bill. The bill also permits an individual injured by a violation to bring an action against the violator, including the state or any body in state government, for damages. CS/RC/JTK/GMM/MS/ Requests by merchants for customers' social security numbers

 

Current law generally does not prohibit a seller from requesting that a customer disclose his or her social security number. This bill prohibits a seller of goods at retail from making such a request unless the seller is required to do so in issuing fish and game approvals as an agent of the Department of Natural Resources (DNR). Under current law, DNR is required to obtain the social security number from an applicant for a fish and game approval so that the state may determine whether the applicant is delinquent in the payment of certain state taxes or in the payment of child support or other courtordered family support or birth expenses. If an applicant is delinquent or fails to provide his or her social security number, the agent must deny the application for the approval. Posting of personal information in government records on the Internet

 

This bill provides that no state or local government officer or agency that maintains an Internet site may post on that site any public record containing the name of an individual together with any of the following information:

 

1) the individual's birth date;

 

2) the number of a driver's license issued to the individual by the Department of Transportation;

 

3) the telephone number at the individual's place of employment; and

 

4) the unpublished home telephone number of the individual. The prohibition does not apply to publication or electronic posting of a telephone number at an individual's place of employment by a governmental unit that is the employer of the individual. In addition, the prohibition does not apply to the posting of information that is required to be provided as a part of the sex offender registry program.

 

Currently, state and local government officers and agencies may post information in public records on the Internet unless access to that information is required to be withheld by law. Access to certain public records containing social security numbers

 

Currently, the custodian of the records of any state or local governmental unit must provide access to any public record in his or her custody unless otherwise authorized or required by law or unless the custodian demonstrates that the public interest in withholding access to the record outweighs the strong public interest in providing access to that record. Federal law prohibits state and local governmental units from disclosing social security numbers under certain conditions.

 

This bill provides that, if a new record containing the social security number of an individual, together with information revealing the identity of that individual, is kept by a state or local governmental unit on or after January 1, 2007, or if a record in the custody of a state or local governmental unit is modified to insert the social security number of an individual on or after January 1, 2007, and the record contains information revealing the identity of that individual, the custodian of the record must delete the social security number before permitting access to the record by any person other than an officer or employee of the governmental unit, unless the person who requests access to the record is specifically authorized by federal or state law or by the subject individual to have access to the social security number.

 

The bill, however, permits the requester of a record to have access to the social security number of an individual, unless otherwise restricted by law, if:

 

1. The record pertains to that individual alone, to the marital or parental rights or responsibilities of that individual and his or her spouse or former spouse, to the property of that individual held jointly or in common with one or more other individuals, or to a civil lawsuit in which the individual is a specifically named party, and the individual provides appropriate identification; or

 

2. The requester is an authorized representative of an insurer or an organization that performs investigations for insurers and the social security number is relevant to an investigation of suspected, anticipated, or actual insurance fraud.The bill provides that, if any person misrepresents his or her identity for the purpose of obtaining access to the social security number of another individual, the person is subject to a forfeiture (civil penalty) of not more than $ 1,000 for each social security number obtained by means of misrepresentation. In addition, under the bill, if any insurer or other person obtains a social security number and uses that number for purposes other than an investigation of suspected, anticipated, or actual insurance fraud, the person is subject to a forfeiture of not more than $ 1,000 for each social security number used by the person for unauthorized purposes.

 

The bill also provides that no state or local governmental unit may provide access to any record to which access is restricted that contains the social security number of an individual, together with information revealing the identity of that individual, to any officer or employee of the unit other than the custodian of the record or an employee working under the immediate supervision of the custodian unless the officer's or employee's official responsibilities require the officer or employee to have access to the number or the officer or employee is authorized by the subject individual to have access to the number. Access to employer records containing social security numbers

 

In addition, the bill prohibits an employer from providing access to any record that contains the social security number of an employee of the employer, together with information revealing the identity of that employee, to any person unless the number is redacted; the person is authorized by federal or state law or by the employee who is the subject of the record to have access to the number; or the person is an officer, employee, or agent of the employer and his or her official responsibilities require him or her to have access to the number. Register of deeds; prohibition on recording certain documents; social security numbers

 

Generally, under current law, a register of deeds is required to record in his or her office any document that is authorized by law to be so recorded. Documents that are recorded in a register of deeds' office include deeds, mortgages, real estate conveyances, documents relating to certain security interests, and certain financial documents. In addition, a register of deeds is required under current law to make and deliver on demand, to any person who pays the required fees, a copy of any record, paper, or file in the register's office.

 

Under this bill, a register of deeds may not record any instrument offered for recording if the instrument contains more than the last four characters of the social security number of an individual. If a register of deeds is presented with an CS/RC/JTK/GMM/MS/ instrument that contains more than the last four characters of the social security number of an individual, and if the register of deeds records the instrument but does not discover the error until after the instrument is recorded, the register of deeds may not be held liable for the instrument drafter's placement of the social security number on the instrument and may remove or obscure enough of the social security number so that no more than the last four characters of the number are discernable on the instrument.

 

Also under this bill, if a register of deeds records an instrument that contains an entire social security number, the instrument drafter is liable to the individual whose social security number appears in the instrument for damages of not more than $ 5,000, plus actual damages. The changes to current law made in the bill do not apply to federal tax liens.

 

The bill also prohibits credit reporting agencies from using the number of creditor inquiries as a factor in any credit scoring methodology used in preparing credit reports. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

 

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

 

Status:

10/11/2005 In Assembly; Introduced; cosponsored; Read first time and referred to committee on Criminal Justice and Homeland Security

11/02/2005 In Assembly; Fiscal estimate received .

11/09/2005 In Assembly; Fiscal estimate received .

01/12/2006 In Assembly; Fiscal estimate received .

 

Sponsor Information:

Marlin D. Schneider (D-Minority)

 

Sponsor:

Schneider

 

 

 

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:

01/13/2006 In Assembly; Report Assembly Amendment 1 adoption recommended by committee on Health; Report Assembly Amendment 2 adoption recommended by committee on Health; Report Assembly Amendment 3 adoption recommended by committee on Health; Report passage as amended recommended by committee on Health; Referred to joint committee on Finance

 

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 In Assembly; Introduced; cosponsored; Read first time and referred to committee on Health; Assembly amendment 1 offered by Representative Underheim

01/03/2006 In Assembly; Fiscal estimate received .; Fiscal estimate received .; Public hearing held.

01/04/2006 In Assembly; Assembly amendment 2 offered; Assembly amendment 3 offered by Representative Underheim

01/06/2006 In Assembly; Fiscal estimate received .

01/10/2006 In Assembly; Executive action taken.

01/13/2006 In Assembly; Report Assembly Amendment 1 adoption recommended by committee on Health; Report Assembly Amendment 2 adoption recommended by committee on Health; Report Assembly Amendment 3 adoption recommended by committee on Health; Report passage as amended recommended by committee on Health; Referred to joint committee on Finance

 

Sponsor Information:

Gregg A. Underheim (R-Majority)

 

Sponsor:

Underheim

 

 

 

Wisconsin S.B. 201

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+S.B.+201

 

Category:

Pricing

 

Last Action:

01/12/2006 In Senate; Public hearing held.

 

Synopsis:

Prohibits the Department of Health and Family Services from promulgating a rule under which fees for copies of patient health care records and X-rays equal certain amounts.

 

Additional Information:

Language as Introduced on May 5, 2005:

 

Under current law relating to patient health care records, the Department of Health and Family Services (DHFS) must, after considering certain factors, promulgate rules that prescribe fees for copies of patient health care records and X-ray reports. The fees must be based on an approximation of actual costs. The rules must be revised by January 1, 2006, and every three years thereafter to account for increases or decreases in actual costs. Under current law relating to evidence, after December 31, 2002, DHFS must prescribe fees for copies of patient health care records and X-rays requested after commencement of an action that are based on an approximation of actual costs and that allow a health care provider to charge actual postage and delivery costs.

 

This bill prohibits DHFS from promulgating a rule that prescribes fees for copies of patient health care records and X-rays in amounts that equal the following amounts:

 

1. For requests from the patient or the patient's personal representative, $ 0.31 per patient health care record copy page and $ 5.25 per X-ray copy, plus actual postage or other delivery costs and any applicable sales tax.

 

2. For requests from individuals other than the patient or the patient's personal representative:

 

a. For patient health care record copies, $ 0.31 per page, plus $ 12.50 per request (for a request generating a total of four or fewer pages), and $ 15.00 per request (for a request generating a total of five or more pages, plus actual postage or other delivery costs and any applicable sales tax.

 

b. For X-ray copies, $ 5.25 per copy, plus actual postage or other delivery costs and any applicable sales tax.

 

c. For certification of copies, $ 5.00 per request (for four or fewer pages or X- ray copies) and $ 7.50 per request (for five or more pages or X-ray copies) .

 

The bill is introduced as required by section 227.19 (5) (e), stats., in support of the objection of the Joint Committee for Review of Administrative Rules on March 31, 2005, to the issuance of clearinghouse rule 03-111 by DHFS. The proposed rule limited fees applicable under current law relating to patient health care records and to evidence, for copies of patient health care records or X- rays and for certification of the copies, as requested by a patient, the patient's personal representative, or other individuals.

 

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

 

Status:

05/05/2005 In Senate; Introduced by joint committee for review of ADMINISTRATIVE RULES.; Read first time and referred to committee on Health, Children, Families, Aging and Long Term Care

05/13/2005 In Senate; Joint committee for Review of Administrative Rules report received pursuant to s. 227.19(6)(a), Wisconsin Statutes.

05/27/2005 In Senate; Report without recommendation pursuant to s. 227.19 (6)(b), Wisconsin Statutes, by committee on Health, Children, Families, Aging and Long Term Care; Available for scheduling.

06/14/2005 In Senate; Placed on calendar 6-15-by committee on Senate Organization.

06/15/2005 In Senate; Fiscal estimate received .; Read a second time; Referred to committee on Health, Children, Families, Aging and Long Term Care

01/12/2006 In Senate; Public hearing held.

 

Sponsor:

Joint Committee for Review of Administrative Rules

 

 


 

Regulatory Report

 

 

Alabama

Title:

CHIROPRACTIC RECORDS REQUIRED/RELEASE OF RECORDS

 

Agency:

Board of Chiropractic Examiners

 

Summary:

Establishes rules clarifying what must be released and costs which may be charged.

 

Summary Comments:

NOTICE OF INTENDED ACTION AGENCY NAME: The Alabama State Board of Chiropractic Examiners

 

RULE NO. & TITLE: RULE 190-X-5-.09 Chiropractic Records Required; Release of Records

 

INTENDED ACTION: To amend.

 

SUBSTANCE OF PROPOSED ACTIONS: The Alabama State Board of Chiropractic Examiners proposes to amend this rule to clarify what must be released and costs which may be charged.

 

TIME, PLACE, AND MANNER FOR PRESENTING VIEWS: Interested persons may present their views in writing or orally to the Office of the Executive Secretary of the Alabama State Board of Chiropractic Examiners at any time during the thirty-five (35) day period following publication of this notice. Or if requested in writing, in advance, by appearing in person at the office of the Executive Secretary of the Alabama State Board of Chiropractic Examiners, 102 Chilton Place, Clanton, Alabama on Tuesday, February 7, 2006. All comments should be addressed to the contact person listed below or oral comments at 205-755-8000 extension 221.

 

FINAL DATE FOR COMMENT & COMPLETION OF NOTICE: February 7, 2006.

 

Agency Contact:

Debra Darnell, Administrative Assistant, Alabama State Board of

Chiropractic Examiners, 102 Chilton Place, Clanton, AL 35045, 800-949- 5838,

Ext. 221

 

 

Citation:

AAC 190-X-5-.09

 

Status:

12/07/2005 Proposed Rule

 

Comment Deadline:

02/07/2006