Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

01/18/2006 - 01/25/2006

 

 

 

New Legislative Entries

 

Hawaii S.B. 2082

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=HI+S.B.+2082

 

Category:

Medical Records Privacy

 

Last Action:

01/20/2006 INTRODUCED.

 

Synopsis:

Establishes the circumstances under which insurers, mutual benefit societies, and health maintenance organizations are required to provide employers with employer-sponsored group health claims experience; establishes what types of information can be requested and provided.

 

Additional Information:

As introduced 1/20/06:

 

SECTION 1. In 1996 Congress passed sweeping legislation aimed at improving the portability and protecting the privacy of individual medical records. This new law, the Health Insurance Portability and Accountability Act of 1996, commonly referred to as HIPAA, establishes guidelines for health insurers to follow in protecting this private member information. The HIPAA privacy rule defines health information as any individually identifiable health information that is communicated, stored, or transmitted in any form (i.e., electronic, printed, or orally) by a covered entity. Health information relates to past, present, or future physical or mental health conditions, or the provision of or payment for health care. It is "individually identifiable" if it identifies the individual or if it is reasonable to believe that the individual could be identified based on the information provided.

 

The legislature finds that it is in the best interest of the entire community that individual privacy be both valued and protected. The legislature further finds that this sensitive information should be safeguarded and that individuals should not be penalized for their respective health conditions.

 

The purpose of this Act is to define what type of health care information and under what circumstances this information can be provided to employer groups. ...

 

Status:

01/20/2006 INTRODUCED.

 

Sponsor Information:

Rosalyn Baker (D - Majority)

 

Sponsor:

Baker

 

 

 

Idaho H.B. 430

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=ID+H.B.+430

 

Category:

Medical Records Privacy

 

Last Action:

01/20/2006 INTRODUCED.

 

Synopsis:

Adds to existing law to provide for the transmission of certain mental health records for offenders under certain conditions; and to provide that no court order or individual authorization is required except in the case of substance abuse records.

 

Additional Information:

As introduced 1/20/06:

 

18-217. MENTAL HEALTH RECORDS OF OFFENDERS. (1) For purposes of care, treatment or normal health care operations, records of mental health evaluation, care and treatment shall be provided upon request to and from the mental health professionals of a governmental entity and another entity providing care or treatment for any person who is:

 

(a) Under court commitment to a state agency pursuant to section 18-212(4), Idaho Code;

 

(b) A pretrial detainee;

 

(c) Awaiting sentencing;

 

(d) In the care, custody or supervision of any correctional facility as defined in section 18-101A, Idaho Code;

 

(e) On probation or parole;

 

(f) Being supervised as part of a drug court, mental health court, juvenile detention program, work release program, or similar court program; or

 

(g) Applying for mental health services after release from a correctional facility. ...

 

Status:

01/20/2006 INTRODUCED.

 

Sponsor:

Judiciary, Rules and Administration

 

 

 

Illinois S.B. 2649

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=IL+S.B.+2649

 

Category:

Medical Records Privacy

 

Last Action:

01/20/2006 To SENATE Committee on RULES.

 

Synopsis:

Amends the Code of Civil Procedure. Provides that records of health care practitioners shall be made available for examination or copying to any person, entity, or organization presenting 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 presenting a valid authorization for the release of those records, subject to conditions currently in the section.

 

Additional Information:

As introduced 1/20/06:

 

... Every practitioner shall, upon the request of any patient who has been treated by such practitioner, OR ANY PERSON, ENTITY, OR ORGANIZATION PRESENTING A VALID AUTHORIZATION FOR THE RELEASE OF RECORDS SIGNED BY THE PATIENT OR THE PATIENT'S LEGALLY AUTHORIZED REPRESENTATIVE, permit the patient and the patient's practitioner or authorized attorney , OR ANY PERSON, ENTITY, OR ORGANIZATION PRESENTING A VALID AUTHORIZATION FOR THE RELEASE OF RECORDS SIGNED BY THE PATIENT OR THE PATIENT'S LEGALLY AUTHORIZED REPRESENTATIVE, 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:

01/20/2006 INTRODUCED.

01/20/2006 To SENATE Committee on RULES.

 

Sponsor Information:

John J Cullerton (D - Majority)

 

Sponsor:

Cullerton

 

 

 

Illinois S.B. 2763

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=IL+S.B.+2763

 

Category:

Medical Records Privacy

 

Last Action:

01/20/2006 To SENATE Committee on RULES.

 

Synopsis:

Amends the Abuse of Adults with Disabilities Intervention Act. Provides that the Office of Inspector General designated by the Department of Human Services has the power to subpoena witnesses and compel the production of books, papers, and documents. Sets forth that the mental health records of victims shall be confidential as provided under the Mental Health and Developmental Disabilities Confidentiality Act.

 

Additional Information:

As introduced 1/20/06:

 

Section 5. The Abuse of Adults with Disabilities Intervention Act is amended by adding Section 59 as follows:

 

(20 ILCS 2435/59 new)

 

SEC. 59. SUBPOENA; DOCUMENT PRODUCTION. THE OFFICE OF INSPECTOR GENERAL HAS THE POWER TO SUBPOENA WITNESSES AND COMPEL THE PRODUCTION OF BOOKS, PAPERS, AND DOCUMENTS, INCLUDING FINANCIAL RECORDS AND MEDICAL RECORDS, PERTINENT TO AN ASSESSMENT AUTHORIZED BY THIS ACT. MENTAL HEALTH RECORDS OF VICTIMS SHALL BE CONFIDENTIAL AS PROVIDED UNDER THE MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES CONFIDENTIALITY ACT. FINANCIAL RECORDS OBTAINED DURING THE COURSE OF AN ASSESSMENT ARE CONFIDENTIAL AND MAY BE RELEASED ONLY WITH THE CONSENT OF THE VICTIM OR THE VICTIM'S GUARDIAN OR IN RESPONSE TO A COURT ORDER, A GRAND JURY SUBPOENA, OR A SUBPOENA FROM A LAW ENFORCEMENT AUTHORITY. ...

 

Status:

01/20/2006 INTRODUCED.

01/20/2006 To SENATE Committee on RULES.

 

Sponsor Information:

James F Clayborne (D - Majority)

 

Sponsor:

Clayborne

 

 

 

Maryland S.B. 142

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MD+S.B.+142

 

Category:

Medical Records Privacy

 

Last Action:

01/18/2006 To SENATE Committee on EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS.

 

Synopsis:

Requires a health care provider to disclose a specified medical record without authorization of a person in interest to a licensing or disciplinary board if specified documents are attached to a subpoena.

 

Additional Information:

As introduced 1/18/06:

 

... 3. A copy of an order entered by a court expressly authorizing disclosure of the designated medical records; and

 

(ii) For disclosures made under item (i) of this paragraph, copies of the following items that were mailed by certified mail to the person in interest by the person requesting the disclosure at least 30 days before the records are to be disclosed:

 

1. The subpoena, summons, warrant, or court order seeking the disclosure or production of the records;

 

2. This section; and

 

3. A notice in the following form or a substantially similar form:

 

In the Plaintiffs ______________

 

v. For______________

 

Defendants Case No.: _______

 

NOTICE TO (Patient Name) IN COMPLIANCE WITH SECTION 4-306 OF THE HEALTH - GENERAL ARTICLE, ANNOTATED CODE OF MARYLAND

 

TAKE NOTE that medical records regarding (Patient Name), have been subpoenaed from the (Name and address of Health Care Provider) pursuant to the attached subpoena and Section 4-306 of the Health - General Article, Annotated Code of Maryland. This subpoena ____ does ____ does not (mark one) seek production of mental health records.

 

Please examine these papers carefully. IF YOU HAVE ANY OBJECTION TO THE PRODUCTION OF THESE DOCUMENTS, YOU MUST FILE A MOTION FOR A PROTECTIVE ORDER OR A MOTION TO QUASH THE SUBPOENA ISSUED FOR THESE DOCUMENTS UNDER MARYLAND RULES 2-403 AND 2-510 NO LATER THAN THIRTY (30) DAYS FROM THE DATE THIS NOTICE IS MAILED. For example, a protective order may be granted if the records are not relevant to the issues in this case, the request unduly invades your privacy, or causes you specific harm. ...

 

Status:

01/18/2006 INTRODUCED.

01/18/2006 To SENATE Committee on EDUCATION, HEALTH AND ENVIRONMENTAL AFFAIRS.

 

Sponsor Information:

Paula Colodny Hollinger (D - Majority)

 

Sponsor:

Hollinger

 

 

 

Mississippi H.B. 1148

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MS+H.B.+1148

 

Last Action:

01/16/2006 To HOUSE Committee on JUDICIARY A.

 

Synopsis:

Relates to workers compensation; makes certain medical information available to employers.

 

Additional Information:

As introduced 1/16/06:

 

... (6) Medical and surgical treatment as provided in this section shall not be deemed to be privileged insofar as carrying out the provisions of this chapter is concerned. All findings AND OPINIONS PERTAINING TO A MEDICAL, PSYCHOLOGICAL OR SURGICAL EXAMINATION OR TREATMENT OBTAINED IN ACCORDANCE WITH THIS CHAPTER SHALL BE REPORTED ON COMMISSION FORMS AND SHALL BE EQUALLY ACCESSIBLE BY THE EMPLOYEE AND THE EMPLOYER OR THEIR REPRESENTATIVES. THIS SECTION SHALL NOT BE INTERPRETED SO AS TO PROHIBIT OR LIMIT EITHER THE EMPLOYEE OR EMPLOYER FROM DISCUSSING WITH ANY MEDICAL PROVIDER WHO TREATS OR EVALUATES AN EMPLOYEE FOR AN INJURY OR MEDICAL CONDITION FOR WHICH CLAIM IS MADE ANY INFORMATION THAT IS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER. HOWEVER, ANY INFORMATION OBTAINED UNDER THIS SECTION SHALL NOT BE DISSEMINATED BY THE EMPLOYER TO ANY PARTIES FOR PURPOSES INCONSISTENT WITH THIS CHAPTER UNLESS AUTHORIZED IN WRITING BY THE EMPLOYEE OR HIS DULY AUTHORIZED REPRESENTATIVE OR AS OTHERWISE REQUIRED TO DO SO BY A COURT OR ADMINISTRATIVE BODY OF COMPETENT JURISDICTION. All findings pertaining to an independent medical examination by order of the commission shall be reported as provided in the order for such examination. ...

 

Status:

01/16/2006 INTRODUCED.

01/16/2006 To HOUSE Committee on INSURANCE.

01/16/2006 To HOUSE Committee on JUDICIARY A.

 

Sponsor Information:

Mark Formby (R - Minority)

 

Sponsor:

Formby

 

 

 

Mississippi H.B. 1204

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MS+H.B.+1204

 

Category:

Medical Records Privacy

 

Last Action:

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

 

Synopsis:

Relates to abortion; persons seeking must be given opportunity to view ultrasound image of unborn child.

 

Additional Information:

As introduced 1/16/06:

 

... (2) After performance of the services specified in subsection (1) of this section, and at least twenty-four (24) hours before the performance or induction of an abortion, a physician or qualified person assisting the physician shall obtain the patient's signature on a certification form stating that fetal ultrasound imaging and auscultation of fetal heart tone services have been performed, that the patient has been given the opportunity to view the active ultrasound image and hear the heartbeat of the unborn child if the heartbeat is audible, and that she has been offered a physical picture of the ultrasound image. Before the abortion is performed or induced, the physician who is to perform or induce the abortion shall receive a copy of the patient's signed certification form, and shall retain a copy of the signed certification form in the patient's medical record. ...

 

Status:

01/16/2006 INTRODUCED.

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

 

Sponsor Information:

Jeffrey C Smith (D - Majority)

 

Sponsor:

Smith J

 

 

 

Mississippi S.B. 2922

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MS+S.B.+2922

 

Category:

Medical Records Privacy

 

Last Action:

01/16/2006 INTRODUCED.

 

Synopsis:

Informed consent for an abortion; require a sonogram and auscultation of fetal heart tone.

 

Additional Information:

As introduced 1/16/06:

 

... (E) AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PERFORMANCE OF AN ABORTION, AS DEFINED IN SECTION 41-41-31, A PHYSICIAN OR QUALIFIED PERSON ASSISTING THE PHYSICIAN, SHALL PERFORM FETAL ULTRASOUND IMAGING AND AUSCULTATION OF FETAL HEART TONE SERVICES, PROVIDE THE PATIENT WITH AN OPPORTUNITY TO VIEW THE ACTIVE ULTRASOUND IMAGE OF THE UNBORN CHILD AND HEAR THE HEARTBEAT OF THE UNBORN CHILD IF THE HEARTBEAT IS AUDIBLE, AND OFFER TO PROVIDE THE PATIENT WITH A PHYSICAL PICTURE OF THE ULTRASOUND IMAGE OF THE UNBORN CHILD. AN ULTRASOUND IMAGE MUST BE OF A QUALITY CONSISTENT WITH STANDARD MEDICAL PRACTICE IN THE COMMUNITY, SHALL CONTAIN THE DIMENSIONS OF THE UNBORN CHILD AND SHALL ACCURATELY PORTRAY THE PRESENCE OF EXTERNAL MEMBERS AND INTERNAL ORGANS, IF PRESENT OR VIEWABLE, OF THE UNBORN CHILD. AFTER PERFORMANCE OF THE SERVICES DELINEATED IN THIS PARAGRAPH (E), AND AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PERFORMANCE OF AN ABORTION, A PHYSICIAN OR QUALIFIED PERSON ASSISTING THE PHYSICIAN SHALL OBTAIN THE PATIENT'S SIGNATURE ON A CERTIFICATION FORM STATING THAT FETAL ULTRASOUND IMAGING AND AUSCULTATION OF FETAL HEART TONE SERVICES HAVE BEEN PERFORMED, THAT THE PATIENT HAS BEEN GIVEN THE OPPORTUNITY TO VIEW THE ACTIVE ULTRASOUND IMAGE AND HEAR THE HEARTBEAT OF THE UNBORN CHILD IF THE HEARTBEAT IS AUDIBLE, AND THAT SHE HAS BEEN OFFERED A PHYSICAL PICTURE OF THE ULTRASOUND IMAGE. BEFORE THE ABORTION IS PERFORMED OR INDUCED, THE PHYSICIAN WHO IS TO PERFORM OR INDUCE THE ABORTION SHALL RECEIVE A COPY OF THE WRITTEN CERTIFICATION PRESCRIBED BY THIS PARAGRAPH (E). THE PHYSICIAN SHALL RETAIN A COPY OF THE SIGNED CERTIFICATION FORM IN THE PATIENT'S MEDICAL RECORD. THE STATE DEPARTMENT OF HEALTH SHALL ENFORCE THE PROVISIONS OF THIS PARAGRAPH (E) AT ABORTION FACILITIES, AS DEFINED IN SECTION 41-75-1. ...

 

Status:

01/16/2006 INTRODUCED.

 

Sponsor Information:

Patrick Alan Nunnelee (R - Minority)

 

Sponsor:

Nunnelee

 

 

 

Missouri H.B. 1477

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MO+H.B.+1477

 

Category:

Medical Records Privacy

 

Last Action:

01/23/2006 INTRODUCED.

 

Synopsis:

Allows release of test results under the genetics and metabolic disease programs without consent of the individual tested to health care providers providing treatment to such individuals.

 

Additional Information:

As introduced 1/23/06:

 

Section A. Section 191.317, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 191.317, to read as follows:

 

191.317. All testing results and personal information obtained from any individual, or from specimens from any individual, shall be held confidential and be considered a confidential medical record, except for such information as the individual, parent or guardian consents to be released; but the individual must first be fully informed of the scope of the information requests to be released, of the risks, benefits and purposes for such release, and of the identity of those to whom the information will be released. NOTWITHSTANDING ANY PROVISION OF SECTION 375.1309, RSMO, TO THE CONTRARY, NO CONSENT SHALL BE REQUIRED FOR THE DEPARTMENT TO DISCLOSE SUCH TESTING RESULTS AND INFORMATION TO A HEALTH CARE PROVIDER PROVIDING TREATMENT TO SUCH INDIVIDUAL. Statistical data compiled without reference to the identity of any individual shall not be declared confidential. ...

 

Status:

01/23/2006 INTRODUCED.

 

Sponsor Information:

Robert Schaaf (R - Majority)

 

Sponsor:

Schaaf

 

 

 

New Jersey A.B. 1694

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NJ+A.B.+1694

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 INTRODUCED.

 

Synopsis:

Revises statutes regarding acupuncturists.

 

Additional Information:

As introduced 1/10/06:

 

... (4) AN ACUPUNCTURIST SHALL ADVISE EACH PATIENT AS TO THE IMPORTANCE OF CONSULTING WITH A LICENSED PHYSICIAN REGARDING THE PATIENT'S CONDITION, AND SHALL KEEP ON FILE WITH THE PATIENT'S RECORDS A FORM ATTESTING TO THE PATIENT'S NOTICE OF THAT ADVICE. THE FORM SHALL BE IN DUPLICATE, WITH ONE COPY TO BE ISSUED TO THE PATIENT, AND SIGNED AND DATED BY BOTH THE ACUPUNCTURIST AND THE PATIENT. ...

 

Status:

01/10/2006 INTRODUCED.

 

Sponsor Information:

Douglas Howard Fisher (D - Majority)

 

Sponsor:

Fisher

 

 

 

New Jersey S.B. 385

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NJ+S.B.+385

 

Category:

Medical Records Privacy

 

Last Action:

01/10/2006 INTRODUCED.

 

Synopsis:

Creates the Practice of Medicine Across State Lines Act.

 

Additional Information:

As introduced 1/10/06:

 

... 9. (New section) A licensed physician practicing medicine across state lines shall:

 

a. comply with all laws, rules and regulations of this State governing the practice of medicine, including those governing the maintenance of patient medical records and patient confidentially requirements, regardless of the location of the state in which the medical records of any patient within this State are maintained; ...

 

Status:

01/10/2006 INTRODUCED.

 

Sponsor Information:

Robert J Martin (R - Minority)

 

Sponsor:

Martin

 

 

 

New Mexico H.B. 354

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NM+H.B.+354

 

Category:

Medical Records Privacy

 

Last Action:

01/23/2006 Introduced

 

Synopsis:

Making an appropriation to the Department of Health to modernize patient records.

 

Additional Information:

As introduced 1/23/06:

 

... Section 1. APPROPRIATION.--Two million four hundred thousand dollars ($ 2,400,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2007 to update patient billing systems, implement electronic health records and conduct training in primary care clinics eligible to receive funds under the rural primary health care act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the general fund.

 

Status:

01/23/2006 Introduced

 

Sponsor Information:

Edward C Sandoval (D - Majority)

 

Sponsor:

Sandoval

 

 

 

New Mexico S.B. 90

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NM+S.B.+90

 

Category:

Medical Records Privacy

 

Last Action:

01/18/2006 To SENATE Committee on FINANCE.

 

Synopsis:

Makes an appropriation to the Department of Health to modernize patient health records at primary care clinics.

 

Additional Information:

As introduced 1/18/06:

 

Section 1. APPROPRIATION.--Two million four hundred thousand dollars ($ 2,400,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2007 to update patient billing systems, implement electronic health records and conduct training in primary care clinics eligible to receive funds under the rural primary health care act. Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the general fund.

 

Status:

01/18/2006 INTRODUCED.

01/18/2006 To SENATE Committee on COMMITTEES.

01/18/2006 To SENATE Committee on PUBLIC AFFAIRS.

01/18/2006 To SENATE Committee on FINANCE.

 

Sponsor Information:

Joseph A Fidel (D - Majority) (Chamber Leader)

 

Sponsor:

Fidel

 

 

 

Oklahoma H.B. 2496

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OK+H.B.+2496

 

Category:

Medical Records Privacy

 

Last Action:

01/19/2006 PREFILED.

 

Synopsis:

Relates to public health and safety; enacts the Unborn Child Pain Awareness/Prevention Act; defines terms; makes certain unborn child pain information available to pregnant females; requires certain certification by the female; requires the State Board of Medical Licensure and Supervision to make available certain information; provides for Internet web site; provides for certain reporting forms; specifies content and purpose of forms; provides penalties.

 

Additional Information:

As prefiled 1/19/06:

 

... B. The female shall certify in writing, prior to the abortion, that the information described in subsection A of this section has been furnished to the female, and that the female has been informed of the opportunity to review the printed materials described in Section 5 of this act. Prior to the performance of the abortion, the physician who is to perform the abortion or the agent of the physician shall obtain a copy of the written certification and retain the copy on file with the medical record of the female for at least three (3) years following the date of receipt. ...

 

Status:

01/19/2006 PREFILED.

 

Sponsor Information:

John Trebilcock (R - Majority)

 

Sponsor:

Trebilcock

 

 

 

Oklahoma H.B. 2562

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OK+H.B.+2562

 

Category:

Medical Records Privacy

 

Last Action:

01/19/2006 PREFILED.

 

Synopsis:

Relates to professions and occupations; creates the Oklahoma Surgical Assistant Licensing Act; defines terms; creates advisory board; creates system for complaints and investigations; provides for confidentiality; creates licensing requirements and eligibility; provides for licensing examination; creates temporary license requirements; sets fees; provides for renewal of license; clarifies scope of practice.

 

Additional Information:

As prefiled 1/19/06:

 

... SECTION 43. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3130.43 of Title 59, unless there is created a duplication in numbering, reads as follows:

 

In a disciplinary investigation or proceeding conducted under the Oklahoma Surgical Assistant Licensing Act, the Board of Surgical Assistants shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:

 

1. Testifies in the public proceeding; or

 

2. Submits a written release in regard to the records of the patient or identity. ...

 

Status:

01/19/2006 PREFILED.

 

Sponsor Information:

Ron Peters (R - Majority)

 

Sponsor:

Peters

 

 

 

Oklahoma S.B. 2040

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OK+S.B.+2040

 

Category:

Medical Records Privacy

 

Last Action:

01/20/2006 PREFILED.

 

Synopsis:

Relates to civil procedure; provides for calculation of attorney fees in class actions; defines terms; provides statute of limitations for product liability action; states exceptions; allows court to dismiss certain actions under specified circumstances; relate to appeals, offers, class actions and expert testimony; adds grounds and establishing procedure to appeal certain order; clarifies language; updates statutory reference; requires court to rule on cer

 

Additional Information:

As prefiled 1/20/06:

 

... SECTION 15. AMENDATORY Section 5, Chapter 390, O.S.L. 2003 (63 O.S. Supp. 2005, Section 1-1708.1 E), is amended to read as follows:

 

Section 1-1708.1 E A. 1. IN ANY MEDICAL LIABILITY ACTION, A PERSON ASSERTING A HEALTH CARE LIABILITY CLAIM OR AN AUTHORIZED AGENT OF THE PERSON SHALL GIVE WRITTEN NOTICE OF THE CLAIM BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO EACH HEALTH CARE PROVIDER AGAINST WHOM SUCH CLAIM IS BEING MADE AT LEAST SIXTY (60) DAYS BEFORE THE FILING OF THE MEDICAL LIABILITY ACTION.

 

2. IF THE PLAINTIFF FAILS TO COMPLY WITH PARAGRAPH 1 OF THIS SUBSECTION, THE COURT SHALL, UPON MOTION OF THE DEFENDANT, UNLESS GOOD CAUSE IS SHOWN FOR SUCH FAILURE, DISMISS THE ACTION WITHOUT PREJUDICE TO ITS REFILING.

 

3. THE NOTICE SHALL REQUIRE THE HEALTH CARE PROVIDER TO PRESERVE ALL EVIDENCE RELATED TO THE EVENTS SET FORTH IN THE NOTICE, INCLUDING PATHOLOGY AND RADIOLOGY, OR OTHER MEDICAL EVIDENCE, WHETHER OR NOT CONTAINED IN THE MEDICAL CHART OF THE PATIENT, ELECTRONIC EVIDENCE, INCLUDING E-MAILS, PAPER-TRACKING DATA, AND MEDICAL INFORMATION, WHETHER OR NOT CONTAINED IN THE MEDICAL RECORD. ...

 

Status:

01/20/2006 PREFILED.

 

Sponsor Information:

James A Williamson (R - Minority)

 

Sponsor:

Williamson

 

 

 

South Dakota H.B. 1165

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=SD+H.B.+1165

 

Category:

Medical Records Privacy

 

Last Action:

01/20/2006 To HOUSE Committee on JUDICIARY.

 

Synopsis:

Establishes a workers compensation small claims procedure.

 

Additional Information:

As introduced 1/20/06:

 

... Section 7. That chapter 62-2 be amended by adding thereto a NEW SECTION to read as follows:

 

Any medical record, correspondence, medical bill, and expert report and correspondence is admissible as evidence. Nothing in this Act precludes an employer or insurer from obtaining an examination pursuant to Section 62-7-1.

 

Section 8. That chapter 62-2 be amended by adding thereto a NEW SECTION to read as follows:

 

Upon the request of any party claimed against, the claimant shall provide an executed medical release in a form prescribed by the department, sufficiently in advance of the hearing to allow the party claimed against to obtain such medical records as it deems appropriate. Any party shall disclose to the other party any medical record that is within the party's possession and is relevant to the claim in dispute. ...

 

Status:

01/20/2006 INTRODUCED.

01/20/2006 To HOUSE Committee on JUDICIARY.

 

Sponsor Information:

Tim Rave (R - Majority)

 

Sponsor:

Rave

 

 

 

Utah H.B. 129

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=UT+H.B.+129

 

Category:

Medical Records Privacy

 

Last Action:

01/19/2006 To HOUSE Committee on RULES.

 

Synopsis:

Relates to public health amendments; amends the Communicable Diseases, Treatment, Isolation, and Quarantine Procedures of the Health Code to provide procedures for responding to group exposures to communicable diseases and public health threats.

 

Additional Information:

As introduced 1/18/06:

 

... Section 8. Section 26-6b-3.4 is enacted to read:

 

26-6B-3.4. Medical records -- Privacy protections.

 

(1) (A) HEALTH CARE PROVIDERS AS DEFINED IN SECTION 78-14-3, HEALTH CARE FACILITIES LICENSED UNDER TITLE 26, CHAPTER 21, HEALTH CARE FACILITY LICENSING AND INSPECTION ACT, AND GOVERNMENTAL ENTITIES, SHALL, WHEN REQUESTED, PROVIDE THE PUBLIC HEALTH OFFICIAL AND THE INDIVIDUAL SUBJECT TO AN ORDER OF RESTRICTION, A COPY OF MEDICAL RECORDS THAT ARE RELEVANT TO THE ORDER OF RESTRICTION.

 

(B) THE RECORDS REQUESTED UNDER SUBSECTION (1)(A) SHALL BE PROVIDED AS SOON AS REASONABLY POSSIBLE AFTER THE REQUEST IS SUBMITTED TO THE HEALTH CARE PROVIDER OR HEALTH CARE FACILITY, OR AS SOON AS REASONABLY POSSIBLE AFTER THE HEALTH CARE PROVIDER OR FACILITY RECEIVES THE RESULTS OF ANY RELEVANT DIAGNOSTIC TESTING OF THE INDIVIDUAL.

 

(2) (A) THE PRODUCTION OF RECORDS UNDER THE PROVISIONS OF THIS SECTION IS FOR THE BENEFIT OF THE PUBLIC HEALTH AND SAFETY OF THE CITIZENS OF THE STATE. A HEALTH CARE PROVIDER OR FACILITY IS ENCOURAGED TO PROVIDE COPIES OF MEDICAL RECORDS OR OTHER RECORDS NECESSARY TO CARRY OUT THE PURPOSE OF THIS CHAPTER FREE OF CHARGE.

 

(B) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (2)(C), A HEALTH CARE FACILITY THAT IS A STATE GOVERNMENTAL ENTITY SHALL PROVIDE MEDICAL RECORDS OR OTHER RECORDS NECESSARY TO CARRY OUT THE PURPOSES OF THIS CHAPTER, FREE OF CHARGE.

 

(C) IF A HEALTH CARE PROVIDER OR HEALTH CARE FACILITY DOES NOT PROVIDE MEDICAL RECORDS FREE OF CHARGE UNDER THE PROVISIONS OF SUBSECTION (2)(A) OR (B), THE HEALTH CARE PROVIDER OR FACILITY MAY CHARGE A FEE FOR THE RECORDS THAT DOES NOT EXCEED THE PRESUMED REASONABLE CHARGES ESTABLISHED FOR WORKERS' COMPENSATION BY ADMINISTRATIVE RULE ADOPTED BY THE LABOR COMMISSION.

 

(3) MEDICAL RECORDS HELD BY A COURT RELATED TO ORDERS OF RESTRICTION UNDER

 

THIS CHAPTER SHALL BE SEALED BY THE DISTRICT COURT. ...

 

Status:

01/18/2006 INTRODUCED.

01/19/2006 To HOUSE Committee on RULES.

 

Sponsor Information:

Bradley G Last (R - Majority)

 

Sponsor:

Last

 

 

 

Washington H.B. 2954

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WA+H.B.+2954

 

Category:

Medical Records Privacy

 

Last Action:

01/17/2006 To HOUSE Committee on HEALTH CARE.

 

Synopsis:

Expands parental rights.

 

Additional Information:

As introduced 1/17/06:

 

... (3) A NOTICE OF INTENT TO REMOVE A MINOR CHILD SHALL RESULT IN THE FOLLOWING:

 

(A) ANY UNEMANCIPATED MINOR CHILD MUST BE DISCHARGED IMMEDIATELY UPON REQUEST OF THE PARENT OR LEGAL GUARDIAN.

 

(B) THE STAFF MEMBER RECEIVING THE NOTICE SHALL DATE IT IMMEDIATELY, RECORD ITS EXISTENCE IN THE MINOR CHILD'S CLINICAL RECORD, AND SEND COPIES OF IT TO THE MINOR CHILD'S ATTORNEY, IF ANY, THE DESIGNATED MENTAL HEALTH PROFESSIONAL, AND THE PARENT OR LEGAL GUARDIAN. ...

 

Status:

01/17/2006 INTRODUCED.

01/17/2006 To HOUSE Committee on HEALTH CARE.

 

Sponsor Information:

Doug Ericksen (R - Minority)

 

Sponsor:

Ericksen

 

 

 

Washington S.B. 6691

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WA+S.B.+6691

 

Category:

Medical Records Privacy

 

Last Action:

01/19/2006 To SENATE Committee on JUDICIARY.

 

Synopsis:

Requires notice to prosecutors when crime victims' records are sought.

 

Additional Information:

As introduced 1/19/06:

 

Sec. 3 RCW 7.69A.030 and 2004 c 120 s 9 are each amended to read as follows:

 

In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. Except as provided in RCW 7.69A.050 regarding child victims or child witnesses of violent crimes, sex crimes, or child abuse, the enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Child victims and witnesses have the following rights, which apply to any criminal court and/or juvenile court proceeding:

 

(12) WITH RESPECT TO CHILD VICTIMS TO HAVE NOTICE OF MOTIONS, SUBPOENAS, OR OTHER COMPULSORY PROCESS FOR CONFIDENTIAL VICTIMS' RECORDS SERVED ON THE PROSECUTING ATTORNEY WHEN THE MOTION IS FILED OR THE SUBPOENA IS ISSUED. CONFIDENTIAL VICTIMS' RECORDS INCLUDE, BUT ARE NOT LIMITED TO, MEDICAL RECORDS, COUNSELING RECORDS, SCHOOL RECORDS, OR OTHER RECORDS PROTECTED BY STATE OR FEDERAL LAW.

 

Status:

01/19/2006 INTRODUCED.

01/19/2006 To SENATE Committee on JUDICIARY.

 

Sponsor Information:

Brian Weinstein (D - Majority)

 

Sponsor:

Weinstein

 

 

 

Wyoming S.B. 50

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WY+S.B.+50

 

Category:

Medical Records Privacy

 

Last Action:

01/20/2006 PREFILED.

 

Synopsis:

Relates to public health and safety; provides for electronic health records; provides for the designation of a regional health information organization; provides for contracting with the regional health information organization for development of a system of electronic health records; provides priorities in system development; provides protections for patient privacy; provides for development of incentives for use of the system; provides appropriations.

 

Additional Information:

As prefiled 1/20/06:

 

... (b) The department shall contract with the RHIO for the development and operation of systems to enable and facilitate the operation of electronic health records capable of interchanging information within the state and to the extent feasible outside the state.

 

(c) The contract pursuant to subsection (b) of this section shall provide for the:

 

(i) Development, installation and operation of the hub;

 

(ii) Modification and updating of the hub to accommodate new applications and new national or international governmental or industry standards;

 

(iii) Accommodating and integrating to the extent feasible information from electronic health record and medical record systems used by Wyoming hospitals, physicians, other Wyoming health care providers, state agencies and, if possible, federal government providers including but not limited to the veterans administration and the Indian health service;

 

(iv) Safeguards and requirements set forth in W.S. 35-29-106;

 

(v) A right for the department to terminate the contract for unsatisfactory performance. ...

 

Status:

01/20/2006 PREFILED.

 

Sponsor:

Joint Interim Committee on Labor and Health

 

 


 

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:

01/23/2006 In Senate; HEALTH Committee (6-0-1-0) DPA

 

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

01/23/2006 In Senate; HEALTH Committee (6-0-1-0) DPA

 

Sponsor Information:

John Allen (R - Majority)

 

Sponsor:

Allen

 

 

 

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:

01/19/2006 Read second time. To third reading. Senate Rule 29.3 suspended. Read third time. Urgency clause adopted. Passed. (Ayes 33. Noes 0. Page 2984.) To Assembly.; In Assembly. Held at Desk.

 

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:

Digest, as amended 1/18/06:

 

SB 699, as amended, Soto 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 of 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. Read first time. To Committee on Rules for assignment.

02/25/2005 From print. May be acted upon on or after March 27.

03/10/2005 To Committee on P.Elections and Reapportionment

04/13/2005 Set for hearing April 25.

04/25/2005 Hearing postponed by committee.

05/02/2005 Set for hearing May 9.

05/10/2005 From committee: Do pass, but first be re-referred to Committee on Appropriations (Ayes 3. Noes 2. Page 1003.) Re-referred to Committee on Appropriations

05/16/2005 Set for hearing May 23.

05/24/2005 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

06/02/2005 Placed on inactive file on request of Senator Soto.

01/12/2006 From inactive file to second reading file. Read second time. Amended. To second reading.

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

01/18/2006 Read third time. Amended. To second reading.

01/19/2006 Read second time. To third reading. Senate Rule 29.3 suspended. Read third time. Urgency clause adopted. Passed. (Ayes 33. Noes 0. Page 2984.) To Assembly.; In Assembly. Held at Desk.

 

Sponsor Information:

Nell Soto (D - Majority)

 

Sponsor:

Soto

 

 

 

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:

01/19/2006 In Senate; Assigned to Judiciary

 

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 In Senate; Filed; First Reading; Referred to Rules

01/19/2006 In Senate; Assigned to Judiciary

 

Sponsor:

John J Cullerton (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:

01/24/2006 In House; Title Suff Do Pass Comm Sub

 

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 In House; Referred To Public Health and Human Services

01/24/2006 In House; Title Suff Do Pass Comm Sub

 

Sponsor Information:

Jessica Sibely Upshaw (R - Minority)

 

Sponsor:

Upshaw

 

 

 

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:

01/24/2006 In Senate; Hearing Conducted Pensions, Veterans' Affairs and General Laws Committee

 

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 In Senate; First Read

01/18/2006 In Senate; Second Read and Referred Pensions, Veterans' Affairs and General Laws Committee

01/24/2006 In Senate; Hearing Conducted Pensions, Veterans' Affairs and General Laws Committee

 

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:

01/24/2006 Notice of hearing (2/23)

 

Synopsis:

Relates to health care; adopts the Health Care Improvement Through Deployment and Adoption of Information Technology Act; relates to electronic health records, computerized drug order entry and clinical decision support systems; provides for telemedicine.

 

Additional Information:

As introduced 1/17/06:

 

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.

01/19/2006 To LEGISLATIVE Committee on JUDICIARY.

01/24/2006 Notice of hearing (2/23)

 

Sponsor Information:

Patrick J Bourne (NP - Minority)

 

Sponsor:

Bourne

 

 

 

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:

01/24/2006 Advanced to third reading

 

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; First report cal.

01/23/2006 Second report

01/24/2006 Advanced to third reading

 

Sponsor:

Martin J. Golden (R-Majority)

 

 

 

Ohio H.B. 144

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OH+H.B.+144

 

Category:

Medical Records Privacy

 

Last Action:

01/18/2006 Concurrence

 

Synopsis:

Waives the physician-patient and attorney-client privileges in probate cases under certain circumstances.

 

Additional Information:

Language as Introduced on May 11, 2005:

 

Section 1. That section 2317.02 of the Revised Code be amended to read as follows:

 

Sec. 2317.02. The following persons shall not testify in certain respects:

 

(e) (I) IF THE COMMUNICATION WAS BETWEEN A PATIENT WHO HAS SINCE DIED AND THE DECEASED PATIENT'S PHYSICIAN OR DENTIST AND THE COMMUNICATION IS RELEVANT TO A DISPUTE BETWEEN PARTIES WHO CLAIM THROUGH THAT DECEASED PATIENT, REGARDLESS OF WHETHER THE CLAIMS ARE BY TESTATE OR INTESTATE SUCCESSION OR BY INTER VIVOS TRANSACTION .

 

(II) IF NEITHER THE SPOUSE OF A PATIENT NOR THE EXECUTOR OR ADMINISTRATOR OF THAT PATIENT'S ESTATE GIVES CONSENT UNDER DIVISION (B)(1)(A)(II) OF THIS SECTION, TESTIMONY OR THE DISCLOSURE OF THE PATIENT'S MEDICAL RECORDS BY A PHYSICIAN, DENTIST, OR OTHER HEALTH CARE PROVIDER UNDER DIVISION (B)(1)(E)(I) OF THIS SECTION IS A PERMITTED USE OR DISCLOSURE OF PROTECTED HEALTH INFORMATION, AS DEFINED IN 45 C.F.R. 160.103, AND AN AUTHORIZATION OR OPPORTUNITY TO BE HEARD SHALL NOT BE REQUIRED.

 

(III) DIVISION (B)(1)(E)(I) OF THIS SECTION DOES NOT REQUIRE A MENTAL HEALTH PROFESSIONAL TO DISCLOSE PSYCHOTHERAPY NOTES, AS DEFINED IN 45 C.F.R. 164.501.

 

(IV) AN INTERESTED PERSON WHO OBJECTS TO TESTIMONY OR DISCLOSURE UNDER DIVISION (B)(1)(E)(I) OF THIS SECTION MAY SEEK A PROTECTIVE ORDER PURSUANT TO CIVIL RULE 26.

 

(V) A PERSON TO WHOM PROTECTED HEALTH INFORMATION IS DISCLOSED UNDER DIVISION (B)(1)(E)(I) OF THIS SECTION SHALL NOT USE OR DISCLOSE THE PROTECTED HEALTH INFORMATION FOR ANY PURPOSE OTHER THAN THE LITIGATION OR PROCEEDING FOR WHICH THE INFORMATION WAS REQUESTED AND SHALL RETURN THE PROTECTED HEALTH INFORMATION TO THE COVERED ENTITY OR DESTROY THE PROTECTED HEALTH INFORMATION, INCLUDING ALL COPIES MADE, AT THE CONCLUSION OF THE LITIGATION OR PROCEEDING.

 

Status:

03/22/2005 In House; Introduced; Assigned to Judiciary

05/03/2005 In House; Committee Report

05/11/2005 In House; Passed 3rd Consideration

05/12/2005 In Senate; Introduced; Assigned to Judiciary - Civil Justice

01/11/2006 In Senate; Committee Report (S); Passed 3rd Consideration

01/18/2006 Concurrence

 

Sponsor:

Stephen P. Buehrer (R-Majority)

 

 

 

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:

01/18/2006 In House; Member(s) request name added as sponsor: White

 

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 In House; Introduced; Referred to Committee on Labor, Commerce and Industry

01/17/2006 In House; Member(s) request name removed as sponsor: Toole

01/18/2006 In House; Member(s) request name added as sponsor: White

 

Sponsor Information:

Harry F Cato (R - Majority)

 

Sponsor:

Cato

 

 

 

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:

01/20/2006 House/ to standing committee HSTBUS

 

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 Numbered LRGC; Bill Distributed LRGC

01/11/2006 House/ received from General Counsel HDOCKET

01/16/2006 House/ read 1st time (Introduced) HSTRUL

01/20/2006 House/ to standing committee HSTBUS

 

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:

01/20/2006 In Senate; read 3rd S3RD; pass 3rd HCLERK; to House HCLERK; House/ read 1st time (Introduced) HSTRUL

 

Synopsis:

Relates to telehealth for rural utah.

 

Additional Information:

As substituted 1/19/06:

 

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 UNIVERSITY OF UTAH FOR THE UTAH TELE-HEALTH NETWORK. *SB0057S01* ...

 

Status:

01/11/2006 Numbered LRGC; Bill Distributed LRGC

01/13/2006 In Senate; received from Legislative Research SINTRO

01/16/2006 In Senate; read 1st (Introduced) SSTRUL; to standing committee SSTHHS

01/17/2006 Senate Comm - Favorable Recommendation SSTHHS; In Senate; received fiscal note from Fiscal Analyst SSTHHS; to Printing with fiscal note SSTHHS

01/18/2006 In Senate; committee report favorable S2ND; read 2nd S2ND

01/19/2006 In Senate; substitute S2ND; pass 2nd S3RD

01/20/2006 In Senate; read 3rd S3RD; pass 3rd HCLERK; to House HCLERK; House/ read 1st time (Introduced) HSTRUL

 

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:

01/24/2006 Senate Comm - Amendment Recommendation SSTHHS; Senate Comm - Favorable Recommendation SSTHHS

 

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 Numbered LRGC; Bill Distributed LRGC

01/17/2006 In Senate; received from Legislative Research SINTRO; read 1st (Introduced) SSTRUL

01/23/2006 In Senate; to Printing with fiscal note SSTHHS; to standing committee SSTHHS

01/24/2006 Senate Comm - Amendment Recommendation SSTHHS; Senate Comm - Favorable Recommendation SSTHHS

 

Sponsor Information:

Peter C Knudson (R - Majority)

 

Sponsor:

Knudson

 

 

 

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:

01/18/2006 In House; Assigned to Courts of Justice sub-committee: Civil Law ...

 

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:

01/10/2006 In House; Prefiled and ordered printed; Referred to Committee for Courts of Justice

01/11/2006 In House; Introduced

01/18/2006 In House; Assigned to Courts of Justice sub-committee: Civil Law ...

 

Sponsor Information:

Terry G Kilgore (R - Majority)

 

Sponsor:

Kilgore

 

 

 

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:

01/19/2006 In House; Public hearing in committee.

 

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 In House; First reading, referred to Health Care.

01/19/2006 In House; Public hearing in committee.

 

Sponsor Information:

Dawn Morrell (D - Majority)

 

Sponsor:

Morrell

 

 

 

Washington S.B. 5054

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WA+S.B.+5054

 

Category:

Medical Records Privacy

 

Last Action:

01/19/2006 In Senate; Made eligible to be placed on third reading.

 

Synopsis:

Regards patient authorization of disclosure of health care information. Provides that an authorization shall automatically terminate sixty days after the date of the patient's death unless it expressly provides for a different expiration date, or for its expiration on the occurrence of an event that relates to the patient or the purpose of the use or disclosure.

 

Additional Information:

Language as Recommended as Substituted from Committee on February 21, 2005:

 

Sec. 1 RCW 70.02.030 and 2004 c 166 s 19 are each amended to read as follows:

 

(5) A health care provider OR HEALTH CARE FACILITY shall retain THE ORIGINAL OR A COPY OF each authorization or revocation in conjunction with any health care information from which disclosures are made. This requirement shall not apply to disclosures to third-party payors.

 

(6) Except for authorizations given pursuant to an agreement with a treatment or monitoring program or disciplinary authority under chapter 18.71 or 18.130 RCW, when the patient is under the supervision of the department of corrections, or to provide information to third-party payors, an authorization may not permit the release of health care information relating to future health care that the patient receives more than ninety days after the authorization was signed. Patients shall be advised of the period of validity of their authorization on the disclosure authorization form. If the authorization does not contain an expiration date and the patient is not under the supervision of the department of corrections, it expires ninety days after it is signed.

 

Status:

01/12/2005 In Senate; First reading, referred to Health & Long-Term Care.

01/19/2005 In Senate; Executive session in committee. Health & Long-Term Care - Majority; without recommendation. And refer to Judiciary.

01/20/2005 In Senate; Referred to Judiciary.

02/01/2005 In Senate; Public hearing in committee.

02/16/2005 In Senate; Executive session in committee.

02/21/2005 In Senate; Judiciary - Majority; 1st substitute bill be substituted, do pass. Passed to Rules Committee for second reading.

02/22/2005 In Senate; Made eligible to be placed on second reading.

03/07/2005 In Senate; Placed on second reading by Rules Committee.

03/09/2005 In Senate; 1st substitute bill substituted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 46; nays, 0; absent, 0; excused, 3.

03/10/2005 In House; First reading, referred to Health Care.

03/17/2005 In House; Public hearing in committee.

03/18/2005 In House; Executive session in committee. Health Care - Executive action taken by committee. Health Care - Majority; do pass. Minority; do not pass.

03/22/2005 In House; Passed to Rules Committee for second reading.

04/24/2005 In House; By resolution, returned to Senate Rules Committee for third reading.

01/09/2006 In Senate; By resolution, reintroduced and retained in present status.

01/19/2006 In Senate; Made eligible to be placed on third reading.

 

Sponsor Information:

Stephen L. 'Steve' Johnson (R-Minority)

 

Sponsor:

Johnson

 

 

 

Washington S.B. 6106

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WA+S.B.+6106

 

Category:

Medical Records Privacy

 

Last Action:

01/26/2006 In Senate; Scheduled for public hearing in committee. (Subject to change)

 

Synopsis:

AN ACT Relating to disclosure of health care information for law enforcement purposes; amending RCW 70.02.010, 70.02.050, and 68.50.320; and creating a new section.

 

Additional Information:

Language as Introduced on April 5, 2005:

 

Sec. 3 RCW 70.02.050 and 1998 c 158 s 1 are each amended to read as follows:

 

(2) A health care provider shall disclose health care information about a patient without the patient's authorization if the disclosure is:

 

(c) TO FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AUTHORITIES, UPON RECEIPT OF A WRITTEN OR ORAL REQUEST, IN ANY CASES IN WHICH THE PATIENT IS BEING TREATED OR HAS BEEN TREATED FOR A BULLET WOUND, GUNSHOT WOUND, POWDER BURN, OR OTHER INJURY ARISING FROM OR CAUSED BY THE DISCHARGE OF A FIREARM, OR AN INJURY CAUSED BY A KNIFE, AN ICE PICK, OR ANY OTHER SHARP OR POINTED INSTRUMENT WHICH FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AUTHORITIES REASONABLY BELIEVE TO HAVE BEEN INTENTIONALLY INFLICTED UPON A PERSON, OR ANY OTHER INJURY, INCLUDING BLUNT FORCE INJURY, THAT FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AUTHORITIES REASONABLY BELIEVE RESULTED FROM A CRIMINAL ACT, THE FOLLOWING INFORMATION, IF KNOWN:

 

(I) THE NAME OF THE PATIENT;

 

(II) THE PATIENT'S RESIDENCE;

 

(III) THE PATIENT'S SEX;

 

(IV) THE PATIENT'S AGE;

 

(V) THE PATIENT'S CONDITION;

 

(VI) THE PATIENT'S DIAGNOSIS, OR EXTENT AND LOCATION OF INJURIES AS DETERMINED BY A HEALTH CARE PROVIDER;

 

(VII) WHETHER THE PATIENT WAS CONSCIOUS WHEN ADMITTED;

 

(VIII) THE NAME OF THE HEALTH CARE PROVIDER MAKING THE DETERMINATION IN (C)(V), (VI), AND (VII) OF THIS SUBSECTION;

 

(IX) WHETHER THE PATIENT HAS BEEN TRANSFERRED TO ANOTHER FACILITY; AND

 

(X) THE PATIENT'S DISCHARGE TIME AND DATE.

 

Status:

04/06/2005 In Senate; First reading, referred to Health & Long-Term Care.

01/09/2006 In Senate; By resolution, reintroduced and retained in present status.

01/26/2006 In Senate; Scheduled for public hearing in committee. (Subject to change)

 

Sponsor Information:

Dale Brandland (R-Minority)

 

Sponsor:

Brandland

 

 

 

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:

01/25/2006 In Senate; Scheduled for public hearing in committee. (Subject to change)

 

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 In Senate; First reading, referred to Health & Long-Term Care.

01/25/2006 In Senate; Scheduled for public hearing in committee. (Subject to change)

 

Sponsor Information:

Karen Keiser (D - Majority)

 

Sponsor:

Keiser

 

 


 

Regulatory Report

 

 

Texas

Title:

Chapter 179. INVESTIGATIONS

 

Agency:

Medical Board

 

Summary:

The amendment to @179.2 clarifies the definition of a Complainant. The amendment to @179.3 clarifies that any person who has provided a statement to the board may obtain a copy of that statement. The amendment to @179.4 establishes time for obtaining medical records under normal circumstance at 14 days and requires that evidence of intemperate use of drugs or alcohol be evidence that would lead a reasonable person to believe that the licensee is impaired. The amendment to @179.6 provides definition of "good cause" for not scheduling an ISC within 180 days required by SB 419, and notice to parties of failure to schedule within statutory time.

 

Summary Comments:

Chapter 179. INVESTIGATIONS 22 TAC @@179.2 - 179.4, 179.6

 

The Texas Medical Board proposes amendments to @@179.2 - 179.4 and 179.6, concerning Investigations.

 

The amendment to @179.2 clarifies the definition of a Complainant. The amendment to @179.3 clarifies that any person who has provided a statement to the board may obtain a copy of that statement. The amendment to @179.4 establishes time for obtaining medical records under normal circumstance at 14 days and requires that evidence of intemperate use of drugs or alcohol be evidence that would lead a reasonable person to believe that the licensee is impaired. The amendment to @179.6 provides definition of "good cause" for not scheduling an ISC within 180 days required by SB 419, and notice to parties of failure to schedule within statutory time.

 

Michele Shackelford, General Counsel, Texas Medical Board, has determined that for the first five-year period the amendments are in effect there will be no fiscal implications to state or local government as a result of enforcing the sections as proposed. There will be no effect to individuals required to comply with the sections as proposed.

 

Ms. Shackelford also has determined that for each year of the first five years the amendments as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be to provide clarified language, assure that a person can get a copy of a statement made to the board, clarifying that normal time to respond to a request for information is 14 days and that evidence of impairment must be such that a reasonable person would believe that the licensee is impaired and providing rule definition for good cause, so that the public may know the valid reasons for delay of bringing a disciplinary matter to resolution. There will be no effect on small or micro businesses.

 

Comments on the proposal may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018. A public hearing will be held at a later date.

 

The amendments are proposed under the authority of the Texas Occupations Code Annotated, @152.001 and @153.001 which provides the Texas Medical Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.

 

The following statutes, articles or codes are affected by this proposal: Section 179.2--@154.051, Texas Occupations Code; Section 179.3--none; Section 179.4--none; Section 179.6--@164.003, Texas Occupations Code.

 

Agency Contact:

Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018

 

Citation:

22 TAC 179

 

Status:

11/04/2005 Proposed

 

Adoption Date:

01/20/2006

 

 


 

 

MS Word Report:

 

 

RTF Report: