Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

01/25/2006 - 02/01/2006

 

 

 

New Legislative Entries

 

Georgia H.B. 912

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=GA+H.B.+912

 

Category:

Medical Records Privacy

 

Last Action:

01/24/2006 From HOUSE Special Committee on CIVIL JUSTICE REFORM: Favorably reported as substituted.

 

Synopsis:

Relates to production of documents and things and entry upon land for inspection and other purposes; changes certain provisions relating to applicability to nonparties; provides that silence may act as a waiver under certain circumstances; changes certain provisions relating to confidentiality; provides for related matters; repeals conflicting laws.

 

Additional Information:

As substituted 1/24/06:

 

...(d) Confidentiality. The provisions of this Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness TREATMENT RECORDS , 37-4-125 concerning mental retardation TREATMENT RECORDS , and 37-7-166 concerning alcohol and drug treatment RECORDS, 24-9-40.1 CONCERNING THE CONFIDENTIAL NATURE OF AIDS INFORMATION, AND 24-9-47 CONCERNING THE DISCLOSURE OF AIDS INFORMATION; PROVIDED, HOWEVER, THAT A PERSON'S FAILURE TO OBJECT TO THE PRODUCTION OF DOCUMENTS AS SET FORTH IN PARAGRAPH (2) OF SUBSECTION (C) OF THIS CODE SECTION SHALL WAIVE ANY RIGHT OF RECOVERY FOR DAMAGES AS TO THE NONPARTY FOR DISCLOSURE OF THE REQUESTED DOCUMENTS ."

 

Status:

03/31/2005 INTRODUCED.

03/31/2005 To HOUSE Special Committee on CIVIL JUSTICE REFORM.

01/24/2006 From HOUSE Special Committee on CIVIL JUSTICE REFORM: Favorably reported as substituted.

 

Sponsor Information:

Barry A Fleming (R - Majority)

 

Sponsor:

Fleming

 

 

 

Hawaii H.B. 2315

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=HI+H.B.+2315

 

Category:

Medical Records Privacy

 

Last Action:

01/25/2006 To HOUSE Committee on CONSUMER PROTECTION AND COMMERCE.

 

Synopsis:

(Governor's Package Bill)Relates to the code of financial institutions.

 

Additional Information:

As introduced 1/23/06:

 

... SECTION 4. Section 412:2-104, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

 

"(a) The commissioner and all employees, contractors, ATTORNEYS RETAINED OR EMPLOYED BY THE STATE, and appointees of the division of financial institutions shall not divulge or furnish any information in their possession or obtained by them in the course of their official duties to persons outside the division of financial institutions, except the director of the department of commerce and consumer affairs, or unless otherwise permitted by this section or any other law regulating financial institutions or financial institution holding companies, in which case such disclosure shall not authorize or permit any further disclosure of such information. The disclosures prohibited by this section shall include without limitation information that is:

 

(1) Privileged or exempt from disclosure under any federal or state law;

 

(2) Related to an examination performed by or on behalf of the commissioner or contained in any report of examination;

 

(3) Contained in any report submitted to or for the use of the commissioner, except for the nonproprietary portions of applications;

 

(4) Related to the business, personal, or financial affairs of any person and is furnished to or for the use of the commissioner in confidence;

 

(5) Related to trade secrets and commercial or financial information obtained from a person and is privileged or confidential;

 

(6) Obtained pursuant to any lawful investigation for the purpose of enforcing the laws regulating financial institutions and financial institution holding companies in an action or proceeding under parts III, IV, V , and VI of this article;

 

(7) Related solely to the internal personnel rules or other internal practices of the commissioner;

 

(8) Contained in personnel, medical, and similar files (including financial files), the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or

 

(9) Contained in inter-agency and intra-agency communications, whether or not contained in written memoranda, letters, tapes , or records that would not be routinely available by law to a private party, including but not limited to memoranda, reports, and other documents prepared by the staff of the commissioner.

 

ANY INFORMATION IDENTIFIED IN PARAGRAPHS (1) THROUGH (9) IS CONFIDENTIAL AND SHALL NOT BE SUBJECT TO SUBPOENA OR OTHER LEGAL PROCESS. ...

 

Status:

01/23/2006 INTRODUCED.

01/25/2006 To HOUSE Committee on CONSUMER PROTECTION AND COMMERCE.

 

Sponsor Information:

Calvin K Y Say (D - Majority)

 

Sponsor:

Say

 

 

 

Hawaii H.B. 2902

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=HI+H.B.+2902

 

Category:

Pricing

 

Last Action:

01/25/2006 INTRODUCED.

 

Synopsis:

Limits costs of copying medical records for documentary evidence to not more than a total of $ 1 for any number of pages up to the first 50 pages and not more than $ 0.50 for each page in excess of 50. Limits to unspecified amounts the cost for copying: (1) electronic documents and microfilm documents; and (2) x-rays; relates to medical copying fees.

 

Additional Information:

Full text not yet available.

 

Status:

01/25/2006 INTRODUCED.

 

Sponsor Information:

Sylvia K Luke (D - Majority)

 

Sponsor:

Luke

 

 

 

Hawaii S.B. 2278

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=HI+S.B.+2278

 

Category:

Medical Records Privacy

 

Last Action:

01/27/2006 To SENATE Committee on COMMERCE, CONSUMER PROTECTION AND HOUSING.

 

Synopsis:

(Governor's Package Bill)Relates to the code of financial institutions.

 

Additional Information:

As introduced 1/25/06:

 

... SECTION 4. Section 412:2-104, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

 

"(a) The commissioner and all employees, contractors, ATTORNEYS RETAINED OR EMPLOYED BY THE STATE, and appointees of the division of financial institutions shall not divulge or furnish any information in their possession or obtained by them in the course of their official duties to persons outside the division of financial institutions, except the director of the department of commerce and consumer affairs, or unless otherwise permitted by this section or any other law regulating financial institutions or financial institution holding companies, in which case such disclosure shall not authorize or permit any further disclosure of such information. The disclosures prohibited by this section shall include without limitation information that is:

 

(1) Privileged or exempt from disclosure under any federal or state law;

 

(2) Related to an examination performed by or on behalf of the commissioner or contained in any report of examination;

 

(3) Contained in any report submitted to or for the use of the commissioner, except for the nonproprietary portions of applications;

 

(4) Related to the business, personal, or financial affairs of any person and is furnished to or for the use of the commissioner in confidence;

 

(5) Related to trade secrets and commercial or financial information obtained from a person and is privileged or confidential;

 

(6) Obtained pursuant to any lawful investigation for the purpose of enforcing the laws regulating financial institutions and financial institution holding companies in an action or proceeding under parts III, IV, V , and VI of this article;

 

(7) Related solely to the internal personnel rules or other internal practices of the commissioner;

 

(8) Contained in personnel, medical, and similar files (including financial files), the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; or

 

(9) Contained in inter-agency and intra-agency communications, whether or not contained in written memoranda, letters, tapes , or records that would not be routinely available by law to a private party, including but not limited to memoranda, reports, and other documents prepared by the staff of the commissioner.

 

ANY INFORMATION IDENTIFIED IN PARAGRAPHS (1) THROUGH (9) IS CONFIDENTIAL AND SHALL NOT BE SUBJECT TO SUBPOENA OR OTHER LEGAL PROCESS. ...

 

Status:

01/25/2006 INTRODUCED.

01/27/2006 To SENATE Committee on COMMERCE, CONSUMER PROTECTION AND HOUSING.

 

Sponsor Information:

Robert Bunda (D - Majority)

 

Sponsor:

Bunda

 

 

 

Hawaii S.B. 2620

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=HI+S.B.+2620

 

Category:

Medical Records Privacy

 

Last Action:

01/25/2006 INTRODUCED.

 

Synopsis:

Includes an adult grandchild as a person entitled to obtain a deceased person's medical records; relates to medical records, availability.

 

Additional Information:

As introduced 1/25/06:

 

SECTION 1. Section 622-57, Hawaii Revised Statutes, is amended by amending subsection (h) to read as follows:

 

"(h) For the purposes of this section:

 

"Deceased person's next of kin" means a person with the following relationship to the deceased person:

 

(1) The spouse or reciprocal beneficiary;

 

(2) An adult child;

 

(3) Either parent;

 

(4) An adult sibling;

 

(5) A grandparent; and

 

(6) AN ADULT GRANDCHILD; AND

 

(6) (7) A guardian at the time of death. ...

 

Status:

01/25/2006 INTRODUCED.

 

Sponsor Information:

Suzanne Nyuk Jun Chun Oakland (D - Majority)

 

Sponsor:

Chun Oakland

 

 

 

Kansas H.B. 2688

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=KS+H.B.+2688

 

Category:

Medical Records Privacy

 

Last Action:

01/24/2006 To HOUSE Committee on APPROPRIATIONS.

 

Synopsis:

Relates to construction by private companies.

 

Additional Information:

As introduced 1/23/06:

 

... (m) whenever any non-Kansas inmate is proposed to be brought into this state for the purpose of being incarcerated at a private contract prison, all records regarding each such inmate, including, but not limited to, custody records, facility history records, disciplinary records and medical and mental health records, shall be reviewed by the department prior to such inmate being transported into this state. The cost of such review shall be borne by the licensee through the administration of the licensing fee pursuant to section 21, and amendments thereto. The secretary shall have authority to refuse to allow any non-Kansas inmate to be transported to or incarcerated in any private contract prison; ...

 

Status:

01/23/2006 INTRODUCED.

01/24/2006 To HOUSE Committee on APPROPRIATIONS.

 

Sponsor Information:

Forrest J Knox (R - Majority)

 

Sponsor:

Knox

 

 

 

Kentucky S.B. 125

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=KY+S.B.+125

 

Category:

Medical Records Privacy

 

Last Action:

01/30/2006 To SENATE Committee on JUDICIARY.

 

Synopsis:

Relates to abortions; relates to informed consent, to require information to be given in person; specifies record-keeping requirements for forms required under that section; requires the cabinet to give the woman original documents; relates to penalties, to provide a penalty for violating the informed consent provisions.

 

Additional Information:

As introduced 1/26/06:

 

... (e) 1. Prior to the performance or inducement of the abortion, the physician who is scheduled to perform or induce the abortion or the physician's agent receives a copy of the pregnant woman's ORIGINAL signed statement, on a form which SHALL may be provided by the physician, on which she consents to the abortion and that includes the certification required by paragraph (d) of this subsection.

 

2. THE FORM SHALL CONTAIN:

 

A. THE NAME OF THE WOMAN;

 

B. THE NAME OF THE PHYSICIAN WHO IS TO PERFORM THE ABORTION;

 

C. THE NAME, TITLE, AND DATE OF THE PERSON WITH WHOM THE WOMAN HAD THE IN-PERSON MEETING REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS SUBSECTION, ALONG WITH A SUMMARY OF THE INFORMATION PROVIDED;

 

D. THE SIGNATURE OF THE PHYSICIAN WHO IS TO PERFORM THE ABORTION, ALONG WITH THE DATE AND A CERTIFICATION THAT THE FORM IS TRUE AND COMPLETE; AND

 

E. THE CERTIFICATION IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBSECTION.

 

3. THE PHYSICIAN SHALL RETAIN THE FORM WITH THE PATIENT'S RECORDS FOR NOT LESS THAN TWENTY (20) YEARS FROM THE DATE OF THE EXECUTION OF THE FORM. ...

 

Status:

01/26/2006 INTRODUCED.

01/30/2006 To SENATE Committee on JUDICIARY.

 

Sponsor Information:

Katie Kratz Stine (R - Majority)

 

Sponsor:

Stine

 

 

 

Missouri H.B. 1506

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MO+H.B.+1506

 

Category:

Medical Records Privacy

 

Last Action:

01/25/2006 INTRODUCED.

 

Synopsis:

Establishes the Missouri Physician Orders for Scope of Treatment Act to assist emergency services personnel and health care providers in effectuating the treatment wishes of patients. .

 

Additional Information:

As introduced 1/25/06:

 

... 190.603. 1. A PATIENT OR PATIENT'S REPRESENTATIVE MAY REQUEST THAT THE ATTENDING PHYSICIAN ISSUE A POST FORM. AN ATTENDING PHYSICIAN MAY ISSUE A POST FORM PRESCRIBING THE PHYSICIAN ORDERS ON THE SCOPE OF TREATMENT WHICH INCLUDES A PATIENT'S LIFE-SUSTAINING TREATMENT WISHES.

 

2. IF SUCH AN ORDER IS ISSUED, THE ATTENDING PHYSICIAN SHALL USE THE POST FORM DEVELOPED AND REQUIRED UNDER SECTIONS 190.600 TO 190.633; EXCEPT THAT, WHILE A PATIENT IS IN A HEALTH CARE FACILITY, THE PHYSICIAN MAY USE A FORM DEVELOPED UNDER THE POLICIES AND PROCEDURES OF THE FACILITY. THE ATTENDING PHYSICIAN SHALL INCLUDE THE ORDER IN THE PATIENT'S MEDICAL RECORD AND PROVIDE A COPY TO THE PATIENT OR THE PATIENT'S REPRESENTATIVE.

 

3. A POST FORM SHALL BE MAINTAINED AS THE FIRST PAGE OF A PATIENT'S MEDICAL RECORD IN A HEALTH CARE FACILITY UNLESS OTHERWISE SPECIFIED IN THE HEALTH CARE FACILITY'S POLICIES AND PROCEDURES.

 

4. A POST FORM SHALL BE TRANSFERRED WITH THE PATIENT WHEN THE PATIENT IS TRANSFERRED FROM ONE HEALTH CARE FACILITY TO ANOTHER HEALTH CARE FACILITY. IF THE PATIENT IS TRANSFERRED OUTSIDE OF A HOSPITAL, THE POST FORM SHALL BE PROVIDED TO ANY OTHER FACILITY, PERSON, OR AGENCY RESPONSIBLE FOR THE HEALTH CARE OF THE PATIENT OR TO THE PATIENT'S REPRESENTATIVE.

 

5. IN ACCORDANCE WITH OR IN ADDITION TO A POST FORM, AN ATTENDING PHYSICIAN MAY ISSUE ORDERS FOR PALLIATIVE CARE. THE PATIENT OR PATIENT'S REPRESENTATIVE MAY SEEK PALLIATIVE CARE IN ACCORDANCE WITH OR IN ADDITION TO A POST FORM.

 

6. IF NECESSARY FOR CONTINUITY OF CARE OR IF THE ORIGINAL COMPLETED POST FORM IS LOST OR MISPLACED, THE POST FORM MAY BE ISSUED IN DUPLICATE ORIGINALS EXECUTED BY THE ATTENDING PHYSICIAN AND THE PATIENT OR THE PATIENT'S REPRESENTATIVE. ...

 

Status:

01/25/2006 INTRODUCED.

 

Sponsor Information:

Mark J Bruns (R - Majority)

 

Sponsor:

Bruns

 

 

 

New Mexico H.B. 431

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NM+H.B.+431

 

Category:

Medical Records Privacy

 

Last Action:

01/24/2006 To HOUSE Committee on APPROPRIATIONS AND FINANCE.

 

Synopsis:

Makes appropriations for electronic medical-record keeping computer software for Dona Ana County.

 

Additional Information:

As introduced 1/24/06:

 

... Section 1. APPROPRIATION.--Two hundred six thousand one hundred dollars ($ 206,100) is appropriated from the general fund to the local government division of the department of finance and administration for expenditure in fiscal year 2007 for electronic medical record-keeping computer software for Dona Ana county. Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert to the general fund.

 

Status:

01/24/2006 INTRODUCED.

01/24/2006 To HOUSE Committee on GOVERNMENT AND URBAN AFFAIRS.

01/24/2006 To HOUSE Committee on APPROPRIATIONS AND FINANCE.

 

Sponsor Information:

Mary Helen Garcia (D - Majority)

 

Sponsor:

Garcia Ma

 

 

 

Rhode Island H.B. 6951

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=RI+H.B.+6951

 

Category:

Medical Records Privacy

 

Last Action:

01/31/2006 Introduced

 

Synopsis:

This act would modify the definition of public records in the open records law to prevent the disclosure of records that would constitute a clear unwarranted invasion of privacy or which are otherwise exempt pursuant to state law including those protected by attorney/client and doctor/patient relationships.

 

Additional Information:

As introduced 1/31/06:

 

... (A) (I) All records which are identifiable to an individual applicant for benefits, client, patient, student, or employee, including, but not limited to, personnel, medical treatment, welfare, employment security, pupil records, all records relating to a client/attorney relationship and to a doctor/patient relationship, and all PERTAINING TO personal, CONFIDENTIAL AND PROTECTED HEALTH INFORMATION or medical information relating to an individual in any files , including information relating to medical or psychological facts, personal finances, welfare, employment security, student performance, or information in personnel files maintained to hire, evaluate, promote, or discipline any employee of a public body AND WHICH WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY ; provided, however, with respect to employees, the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and other remuneration in addition to salary, job title, job description, dates of employment and positions held with the state or municipality, work location, business telephone number, the city or town of residence, and date of termination shall be public. ...

 

Status:

01/31/2006 Introduced

 

Sponsor Information:

Elizabeth M Dennigan (D - Majority)

 

Sponsor:

Dennigan

 

 

 

Vermont H.B. 795

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=VT+H.B.+795

 

Category:

Medical Records Privacy

 

Last Action:

01/30/2006 INTRODUCED.

 

Synopsis:

Repeals the existing procedures for designating a person a sexually violent predator and replace them with a procedure whereby the state may civilly and involuntarily commit a sexually violent predator or violent predator to state custody after his or her release from prison.

 

Additional Information:

As introduced 1/30/06:

 

... (B) AT ALL STAGES OF PROCEEDINGS UNDER THIS CHAPTER, A PERSON SUBJECT TO THIS CHAPTER SHALL BE ENTITLED TO THE ASSISTANCE OF COUNSEL, AND IF THE PERSON IS INDIGENT, THE COURT SHALL APPOINT COUNSEL TO ASSIST THE PERSON. WHENEVER ANY PERSON IS SUBJECTED TO AN EXAMINATION UNDER THIS CHAPTER, THE PERSON MAY RETAIN EXPERTS OR PROFESSIONAL INDIVIDUALS TO PERFORM AN EXAMINATION ON THE PERSON'S BEHALF. WHEN THE PERSON WISHES TO BE EXAMINED BY A QUALIFIED EXPERT OR PROFESSIONAL INDIVIDUAL OF THE PERSON'S OWN CHOICE, THE EXAMINER SHALL BE PERMITTED TO HAVE REASONABLE ACCESS TO THE PERSON FOR THE PURPOSE OF THE EXAMINATION, AS WELL AS TO ALL RELEVANT MEDICAL AND PSYCHOLOGICAL RECORDS AND REPORTS IN THE POSSESSION OF THE ATTORNEY GENERAL OR AGENCY WITH JURISDICTION. IN THE CASE OF A PERSON WHO IS INDIGENT, THE COURT, UPON THE PERSON'S REQUEST, SHALL DETERMINE WHETHER THE SERVICES ARE NECESSARY AND CALCULATE REASONABLE COMPENSATION FOR THE SERVICES. IF THE COURT DETERMINES THAT THE SERVICES ARE NECESSARY AND THE EXPERT OR PROFESSIONAL INDIVIDUAL'S REQUESTED COMPENSATION FOR THE SERVICES IS REASONABLE, THE COURT SHALL ASSIST THE PERSON IN OBTAINING AN EXPERT OR PROFESSIONAL INDIVIDUAL TO PERFORM AN EXAMINATION OR PARTICIPATE IN THE TRIAL ON THE PERSON'S BEHALF. THE COURT SHALL APPROVE PAYMENT FOR THE SERVICES UPON THE FILING OF A CERTIFIED CLAIM FOR COMPENSATION SUPPORTED BY A WRITTEN STATEMENT SPECIFYING THE TIME EXPENDED, SERVICES RENDERED, EXPENSES INCURRED ON BEHALF OF THE PERSON, AND COMPENSATION RECEIVED IN THE SAME CASE OR FOR THE SAME SERVICES FROM ANY OTHER SOURCE. ...

 

Status:

01/30/2006 INTRODUCED.

 

Sponsor Information:

Kurt Wright (R - Minority)

 

Sponsor:

Wright

 

 

 

Wyoming S.B. 67

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WY+S.B.+67

 

Category:

Medical Records Privacy

 

Last Action:

01/27/2006 PREFILED.

 

Synopsis:

Relates to the sex offender registry; requires sex offenders to undergo a psychological evaluation as specified; conforms provisions; provides a penalty; repeals provisions; provides for immunity for specified persons implementing the psychological evaluations program; provides that no independent cause of action is created against persons implementing the sex offender psychological evaluations program as specified; requires a report.

 

Additional Information:

As prefiled 1/27/06:

 

... 7-19-302. Registration of offenders; procedure; verification; immunity.

 

(K) OFFENDERS IN THE CUSTODY OF THE DEPARTMENT, LOCAL JAIL OR A PUBLIC OR PRIVATE AGENCY, PURSUANT TO A COURT ORDER AS A RESULT OF AN OFFENSE SUBJECTING THEM TO REGISTRATION SHALL UNDERGO A PSYCHOLOGICAL EVALUATION PRIOR TO RELEASE IN COMPLIANCE WITH PROCEDURES ESTABLISHED BY THE STATE BOARD OF PAROLE. OFFENDERS CONVICTED OF AN OFFENSE SUBJECTING THEM TO REGISTRATION WHO ARE NOT IN THE CUSTODY OF THE DEPARTMENT, LOCAL JAIL OR A PUBLIC OR PRIVATE AGENCY AS A RESULT OF THAT CONVICTION SHALL UNDERGO A PSYCHOLOGICAL EVALUATION CONDUCTED BY THE STATE BOARD OF PAROLE PRIOR TO THE HEARING REQUIRED UNDER W.S. 7-19-303(C). OFFENDERS REQUIRED TO UNDERGO PSYCHOLOGICAL EVALUATIONS PURSUANT TO THIS SUBSECTION SHALL EXECUTE ANY REQUIRED RELEASES OF JUVENILE, CRIMINAL, MEDICAL AND MENTAL HEALTH RECORDS AS NECESSARY FOR COMPLETION OF THE PSYCHOLOGICAL EVALUATIONS. CRIMINAL JUSTICE AGENCIES AND MEDICAL AND MENTAL HEALTH SERVICE PROVIDERS WITHIN THE STATE SHALL PROVIDE RECORDS PURSUANT TO THE RELEASES UPON THE REQUEST OF PERSONS CONDUCTING THE PSYCHOLOGICAL EVALUATIONS UNLESS RELEASE OF THE RECORDS IS OTHERWISE PROHIBITED BY LAW. THE BOARD OF PAROLE MAY CONTRACT WITH LICENSED PROFESSIONALS OR ENTITIES QUALIFIED TO CONDUCT PSYCHOLOGICAL EVALUATIONS NECESSARY TO ASSESS THE RISK LEVEL OF OFFENDERS. AS PART OF THE PSYCHOLOGICAL EVALUATION AND ASSESSMENT, THE PERSON CONDUCTING THE PSYCHOLOGICAL EVALUATION AND ASSESSMENT SHALL CONSIDER AND REPORT TO THE BOARD OF PAROLE: ...

 

Status:

01/27/2006 PREFILED.

 

Sponsor Information:

Bruce Burns (R - Majority)

 

Sponsor:

Burns

 

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:

01/31/2006 In Senate; Majority Caucus: Y; Minority Caucus: Y

 

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) Do Pass Amended

01/30/2006 In Senate; RULES Committee PFC

01/31/2006 In Senate; Majority Caucus: Y; Minority Caucus: Y

 

Sponsor Information:

John Allen (R - Majority)

 

Sponsor:

Allen

 

 

 

Delaware H.B. 261

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=DE+H.B.+261

 

Category:

Medical Records Privacy

 

Last Action:

01/25/2006 Passed by Senate; Reported Out of Committee (HEALTH & SOCIAL SERVICES) with 5 On Its Merits; Senate Passed

 

Synopsis:

This Act allows the Delaware Department of Health and Social Services, the Health Care Commission or any contractor working on behalf of these entities access to certain data for compiling statistics regarding supply and demand, and projections of licensed health care professionals. The Act also requires that the Delaware Department of Health and Social Services and the Delaware Health Care Commission provide their subsequent report to the Division of Professional Regulation. This legislation requires submission of requested information in electronic format and requires information collected only be used for purposes for which the data is furnished. Finally, this legislation limits use of individual confidential data and provides for penalties for intentional violation of those limits.

 

Additional Information:

Language as Introduced on June 16, 2005:

 

Section 1. Amend Chapter 1, Title 16 of the Delaware Code by inserting the words ", Division of Professional Regulation" in the title of Section 123, between the word "institutions" and the word "and".

 

Section 2. Amend Chapter 1, Title 16, Section 123 of the Delaware Code by adding a new subsection (c) to read as follows:

 

"(c) The Health Care Commission, the Department of Health and Social Services, or any contractor working on behalf of these entities shall be authorized to request and receive licensing data (including, but not limited to, names, addresses and license type), education data, and employment data produced by the Division of Professional Regulation for the purpose of compiling statistics to be used to measure and track the supply of licensed health care professionals in the State, as evidenced by licenses and renewed licenses granted by the health care professional boards of the State of Delaware. The boards affected shall include but not be limited to:

 

(i) Delaware State Board of Medical Practice;

 

(ii) Delaware State Board of Dental Examiners;

 

(iii) Delaware State Board of Nursing;

 

(iv) Delaware State Board of Professional Counselors;

 

(v) Delaware State Board of Examiners of Psychologists;

 

(vi) Delaware State Board of Clinical Social Work Examiners;

 

(vii) Delaware State Board of Podiatry;

 

(viii) Delaware State Board of Chiropractic;

 

(ix) Delaware State Board of Occupational Therapy Practice;

 

(x) Delaware State Board of Examiners in Optometry;

 

(xi) Delaware State Board of Pharmacy;

 

(xii) Delaware State Examining Board of Physical Therapists and Athletic Trainers;

 

(xiii) Delaware State Board of Examiners of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers;

 

(xiv) Delaware State Board of Examiners of Nursing Home Administrators; and

 

(xv) Delaware State Committee of Dietetics/Nutrition.".

 

Section 3. Further Amend Chapter 1, Title 16, Section 123 of the Delaware Code by adding thereto a new subsection (d) to read as follows:

 

"(d) All data must be submitted in a standardized electronic format as determined by the Department of Health and Social Services, in consultation with the Department of Administrative Services, the Health Care Commission, and the Division of Professional Regulation. Data must be submitted within twenty (20) business days of a request.".

 

Section 4. Further Amend Chapter 1, Title 16, Section 123 of the Delaware Code by adding thereto a new subsection (e) to read as follows:

 

"(e) For the purposes of measuring, tracking and projecting supply and demand of health care professionals, the requesting entity shall provide to the Division of Professional Regulation any health workforce report developed from the data.".

 

Section 5. Further Amend Chapter 1, Title 16, Section 123 of the Delaware Code by adding thereto new subsections (f) and (g) to read as follows:

 

"(f) Any individual data provided pursuant to this Section shall be confidential. No public employee, commission member, or contractor acting on behalf of a State agency or employee of such a contractor may:

 

(1) Use any data provided pursuant to this Section for any purpose other than the statistical, forecasting, and program purposes for which the data is furnished.

 

(2) Make public any of the data provided pursuant to this Section that would allow the identity of any individual to be inferred by either direct or indirect means.

 

(3) Retain any personal data as provided in this Section that is received by the Delaware Department of Health and Social Services, the Delaware Health Care Commission or any contractor acting on behalf of these entities. Any personal data must be destroyed within thirty (30) days of completion of its intended purpose as described in this Section.

 

(g) An intentional violation of subsection (f) shall result in the imposition of a fine of not less than One Thousand Dollars ($ 1,(000) nor more than Twenty-Thousand Dollars ($ 20,(000) or imprisonment of not less than thirty (30) days nor more than six (6) months, or both. Justices of the Peace shall have jurisdiction of offenses under this Section.".

 

Status:

06/16/2005 Introduced; Introduced and Assigned to Health & Human Development Committee in House

06/22/2005 Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) with 6 On Its Merits

06/28/2005 Passed by House of Representatives; Amendment HA 1 passed; Lifted From Table in House; Amendment HA 1 introduced in House; Laid On Table in House; Necessary rules are suspended in House

06/29/2005 Assigned to Health & Social Services committee in Senate

01/25/2006 Passed by Senate; Reported Out of Committee (HEALTH & SOCIAL SERVICES) with 5 On Its Merits; Senate Passed

 

Sponsor:

Pamela S. 'Pam' Maier (R-Majority)

 

 

 

Florida H.B. 611

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+H.B.+611

 

Category:

Medical Records Privacy

 

Last Action:

01/26/2006 In House; Referred to Health Care Regulation, Health Care Appropriations, Health & Families Council

 

Synopsis:

Requires disclosure by a licensed facility concerning individually identifiable health information transmitted to a site outside the United States; requires notice to and consent of the patient; provides for renewal and revocation of consent; provides for a consent form and contents thereof; prohibits discrimination based on refusal to grant consent.

 

Additional Information:

Language as Prefiled on January 5, 2006:

 

Section 1. Subsection (7) of section 395.3025, Florida Statutes, is amended to read: 395.3025 Patient and personnel records; copies; examination ; TRANSMISSION OF RECORDS; CONSENT .--

 

(7)(a) If the content of any record of patient treatment is provided under this section, the recipient, if other than the patient or the patient's representative, may use such information only for the purpose provided and may not further disclose any information to any other person or entity, unless expressly permitted by the written consent of the patient. A general authorization for the release of medical information is not sufficient for this purpose. The content of such patient treatment record is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

 

(b) Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited.

 

(C) A PERSON OR ENTITY THAT HAS CONTRACTED OR SUBCONTRACTED WITH A LICENSED FACILITY AS DEFINED IN S. 395.002(17) TO RECEIVE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION SHALL DISCLOSE TO THE LICENSED FACILITY WHETHER ANY OF THE INFORMATION WILL BE TRANSMITTED TO A SITE OUTSIDE THE UNITED STATES.

 

(D) A LICENSED FACILITY, OR PERSON OR ENTITY THAT HAS CONTRACTED OR SUBCONTRACTED WITH A LICENSED FACILITY, SHALL NOT TRANSMIT INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION TO A SITE OUTSIDE THE UNITED STATES UNLESS ALL OF THE FOLLOWING APPLY:

 

1. THE LICENSED FACILITY DISCLOSES TO THE PATIENT UPON ADMISSION, OR AS SOON AS PRACTICABLE AFTER ADMISSION, THAT HIS OR HER INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION MAY BE TRANSMITTED TO A SITE OUTSIDE THE UNITED STATES.

 

2. THE LICENSED FACILITY OBTAINS WRITTEN CONSENT FROM THE PATIENT TO TRANSMIT HIS OR HER INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION TO A SITE OUTSIDE THE UNITED STATES.

 

3. THE CONSENT OF THE PATIENT HAS BEEN GRANTED OR RENEWED ON AN ANNUAL BASIS.

 

4. THE PATIENT MAY REVOKE CONSENT IN WRITING AT ANY TIME.

 

(E) EXCEPT FOR A REQUEST FOR HEALTH CARE SERVICES INITIATED BY A PERSON SEEKING DIAGNOSIS OR TREATMENT OUTSIDE THE UNITED STATES, A LICENSED FACILITY SHALL UTILIZE A FORM TO OBTAIN CONSENT TO TRANSMIT INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION TO A SITE OUTSIDE THE UNITED STATES. THE FORM SHALL MEET THE FOLLOWING CRITERIA:

 

1. IT SHALL BE A SEPARATE DOCUMENT AND SHALL NOT BE ATTACHED TO ANY OTHER DOCUMENT.

 

2. IT SHALL BE DATED AND SIGNED BY THE PATIENT WHOSE HEALTH CARE INFORMATION IS IDENTIFIABLE.

 

3. IT SHALL CLEARLY DISCLOSE ALL OF THE FOLLOWING:

 

A. BY SIGNING, THE PATIENT IS CONSENTING TO THE TRANSMISSION OF HIS OR HER INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION TO A SITE OUTSIDE THE UNITED STATES WHERE THE INFORMATION IS NOT PROTECTED BY UNITED STATES CONFIDENTIALITY LAWS.

 

B. THE CONSENT OF THE PATIENT MUST BE RENEWED ON AN ANNUAL BASIS.

 

C. THE PATIENT MAY REVOKE CONSENT AT ANY TIME.

 

D. THE PROCEDURE BY WHICH CONSENT MAY BE REVOKED. A LICENSED FACILITY SHALL NOT DISCRIMINATE AGAINST AN INDIVIDUAL OR DENY AN INDIVIDUAL HEALTH CARE SERVICE BECAUSE THE INDIVIDUAL HAS NOT PROVIDED CONSENT PURSUANT TO THIS SUBSECTION.

 

Section 2. This act shall take effect July 1, 2006.

 

Status:

01/05/2006 In House; Filed

01/26/2006 In House; Referred to Health Care Regulation, Health Care Appropriations, Health & Families Council

 

Sponsor Information:

Susan Bucher (D - Minority)

 

Sponsor:

Bucher

 

 

 

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:

01/26/2006 In Senate; Now in Criminal Justice

 

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

01/25/2006 In Senate; Favorable with 4 amendment(s) by Health Care; YEAS 10 NAYS 0

01/26/2006 In Senate; Now in Criminal Justice

 

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:

01/31/2006 In Senate; Referred to Health Care; Health and Human Services Appropriations

 

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 In Senate; Filed

01/31/2006 In Senate; Referred to Health Care; Health and Human Services Appropriations

 

Sponsor Information:

Mike Fasano (R - Majority)

 

Sponsor:

Fasano

 

 

 

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:

01/27/2006 In Senate; Referred to Health, Committee on Commerce, Consumer Protection & Housing.

 

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:

01/23/2006 In Senate; Introduced and passed First Reading.

01/27/2006 In Senate; Referred to Health, Committee on Commerce, Consumer Protection & Housing.

 

Sponsor Information:

Rosalyn Baker (D - Majority)

 

Sponsor:

Baker

 

 

 

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:

01/31/2006 In Senate; Senate Committee Amendment No. 1 Filed; Senate Committee Amendment No. 1 Referred to Rules; Senate Committee Amendment No. 1 Rules Refers 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

01/31/2006 In Senate; Senate Committee Amendment No. 1 Filed; Senate Committee Amendment No. 1 Referred to Rules; Senate Committee Amendment No. 1 Rules Refers to Judiciary

 

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:

01/31/2006 In House; Died In Committee

 

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 In House; Referred To Public Health and Human Services

01/31/2006 In House; Died In Committee

 

Sponsor:

John Wesley Hines (D - Majority)

Mississippi H.B. 1148

 

Full Text Link:

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

 

Last Action:

01/31/2006 In House; Died In Committee

 

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 In House; Referred To Insurance;Judiciary A

01/31/2006 In House; Died In Committee

 

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:

01/31/2006 In House; Died In Committee

 

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 In House; Referred To Public Health and Human Services

01/31/2006 In House; Died In Committee

 

Sponsor Information:

Jeffrey C Smith (D - Majority)

 

Sponsor:

Smith J

 

 

 

Mississippi H.B. 1235

 

Full Text Link:

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

 

Category:

Pricing

 

Last Action:

01/30/2006 In Senate; Referred To Public Health and Welfare

 

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.

 

Additional Information:

As engrossed 1/26/06:

 

... (3) 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, WHEN THE AFFIDAVIT IS REQUESTED BY THE PATIENT OR THE PATIENT'S REPRESENTATIVE.

 

(4) IN CHARGING THE FEES AUTHORIZED UNDER THIS SECTION, THE MEDICAL PROVIDER, HOSPITAL, NURSING HOME OR OTHER MEDICAL FACILITY SHALL COMPLY WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA). ...

 

Status:

01/16/2006 In House; Referred To Public Health and Human Services

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

01/26/2006 In House; Committee Substitute Adopted; Passed

01/27/2006 In House; Transmitted To Senate

01/30/2006 In Senate; Referred To Public Health and Welfare

 

Sponsor Information:

Jessica Sibely Upshaw (R - Minority)

 

Sponsor:

Upshaw

 

 

 

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:

01/31/2006 In Senate; Died In Committee

 

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

01/31/2006 In Senate; Died In Committee

 

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:

01/31/2006 In Senate; Died In Committee

 

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

01/31/2006 In Senate; Died In Committee

 

Sponsor Information:

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

 

Sponsor:

Dearing

 

 

 

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:

01/31/2006 In Senate; Title Suff Do Pass

 

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 In Senate; Referred To Public Health and Welfare

01/31/2006 In Senate; Title Suff Do Pass

 

Sponsor Information:

Patrick Alan Nunnelee (R - Minority)

 

Sponsor:

Nunnelee

 

 

 

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:

01/31/2006 Bill Combined w/ SCS/SBs 858 &

 

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

01/31/2006 Bill Combined w/ SCS/SBs 858 &

 

Sponsor Information:

Chris Koster (R - Majority)

 

Sponsor:

Koster

 

 

 

New York A.B. 367

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+A.B.+367

 

Category:

Medical Records Privacy

 

Last Action:

01/30/2006 Ordered to third reading; Laid out for discussion; Passed Assembly (Vote Y: 131/N: 0); Delivered to the Senate; Referred to Senate Health

 

Synopsis:

Provides for the establishment of a task force on medical record confidentiality by the commissioner of health; such task force shall review issues related to the disposition or transference of medical records when a health care practitioner closes, sells or otherwise disposes of his or her practice or when a health care practitioner dies or abandons his or her practice; the task force shall report thereon to the legislature and the commissioner of health by April 1, 2007 and shall recommend appropriate regulatory or legislative action.

 

Additional Information:

This bill would require the Commissioner of Health to establish a Task Force on Medical Record Confidentiality, to review issues related to the disposition or transference of medical records when a health care practitioner closes, sells or otherwise disposes of his or her practice or when a health care practitioner dies or abandons his or her practice. Appointments to the task force would be made as follows: seven members appointed by the Commissioner of Health; two members appointed by the Speaker of the Assembly; two members appointed by the Temporary President of the Senate; one member appointed by the Minority Leader of the Senate; and, one member appointed by the Minority Leader of the Assembly. The Task Force would be required to report to the Legislature and the Commissioner. JUSTIFICATION: Currently, there is no statutory or regulatory direction for ensuring the confidentiality of patients` medical records when a health care practitioner closes, sells or otherwise disposes of his or her practice or when a health care practitioner dies or abandons his or her practice. This bill would ensure that there is a thorough review of the issues involved in disposition of medical records and provide recommendations to the Legislature for future action.

 

Status:

01/12/2005 Introduced and referred to committee on Assembly Health

05/03/2005 Committee meeting set for Assembly Health; Reported and referred to Assembly Ways and Means

05/24/2005 Committee meeting set for Assembly Ways and Means; Reported from committee on Assembly Ways and Means; First report cal.

05/31/2005 Set on the Assembly Floor Calendar; Laid out for discussion; Passed Assembly (Vote Y: 124/N: 0); Delivered to the Senate; Referred to Senate Rules

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

01/30/2006 Ordered to third reading; Laid out for discussion; Passed Assembly (Vote Y: 131/N: 0); Delivered to the Senate; Referred to Senate Health

 

Sponsor Information:

David F. Gantt (D-Majority)

 

Sponsor:

Gantt

 

 

 

New York A.B. 464

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+A.B.+464

 

Category:

Medical Records Privacy

 

Last Action:

01/30/2006 Ordered to third reading; Laid out for discussion; Passed Assembly (Vote Y: 130/N: 0); Delivered to the Senate; Referred to Senate Health

 

Synopsis:

Provides for the notification of patients regarding the availability of medical records.

 

Additional Information:

SUMMARY OF SPECIFIC PROVISION: This bill amends section 2803 of the Public Health Law to provide notification to patients of the availabili- ty of their medical records for a particular length of time. Such notification shall notify patients that medical records are available to patients for six years at a reasonable charge for reproduction and that a patient cannot be denied access to such records because of an inability to pay such charge. Such notification shall be provided to each patient at the time such patient comes under the care of such health care provider.

 

JUSTIFICATION: A patient`s knowledge of their rights to have access to their medical record is a concern that must be addressed. Many patients are unaware of their right to request and receive a copy of the medical record without reservations. In addition they are unaware that current New York State Law requires doctors and hospitals to store such records for six (6) years. After such time medical records are routinely destroyed, leaving patients without access to personal medical information. This bill will ensure that patients, if they wish, can obtain a copy of their medical records containing vital information.

 

Status:

01/12/2005 Introduced and referred to committee on Assembly Health

01/25/2005 Committee meeting set for Assembly Health; Reported and referred to Assembly Codes

02/01/2005 Committee meeting set for Assembly Codes; Reported from committee on Assembly Codes

02/03/2005 Advanced to third reading

02/07/2005 Set on the Assembly Floor Calendar; Laid out for discussion; Passed Assembly (Vote Y: 134/N: 0); Delivered to the Senate; Referred to Senate Health

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

01/30/2006 Ordered to third reading; Laid out for discussion; Passed Assembly (Vote Y: 130/N: 0); Delivered to the Senate; Referred to Senate Health

 

Sponsor Information:

Joan L. Millman (D-Majority)

 

Sponsor:

Millman

 

 

 

New York S.B. 4360

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+S.B.+4360

 

Category:

Medical Records Privacy

 

Last Action:

01/25/2006 Amend (T) and recommit to Senate Health

 

Synopsis:

Authorizes the use of an electronic medical records system when dispensing certain schedule II controlled substances; defines electronic medical records system.

 

Additional Information:

As amended 1/25/06:

 

Section 1. The public health law is amended by adding a new section 3335 to read as follows:

 

SECTION 3335. ISSUING UPON PRESCRIPTIONS VIA ELECTRONIC MEDICAL RECORDS SYSTEM. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELECTRONIC MEDICAL RECORDS SYSTEM" SHALL MEAN AN ELECTRONIC MEDICAL RECORDS SYSTEM WHICH ENABLES A PHYSICIAN TO CONSOLIDATE RECORD KEEPING.

 

2. A PHYSICIAN MAY DISPENSE DIRECTLY TO A PHARMACY ANY CONTROLLED SUBSTANCE PRESCRIPTION PURSUANT TO AN ELECTRONIC MEDICAL RECORDS SYSTEM.

 

3. IF A PHYSICIAN OPTS TO ISSUE PRESCRIPTIONS PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SUCH PHYSICIAN SHALL BE ELIGIBLE AND PERMITTED TO ISSUE ANY AND ALL PRESCRIPTIONS THROUGH SUCH ELECTRONIC MEDICAL RECORDS SYSTEM, INCLUDING PRESCRIPTIONS FOR PATIENTS RECEIVING MEDICAID.

 

Section 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

 

Status:

04/14/2005 Introduced and referred to committee on Senate Health

01/04/2006 Failed to advance; Referred to Senate Health

01/25/2006 Amend (T) and recommit to Senate Health

 

Sponsor Information:

Michael F. Nozzolio (R-Majority)

 

Sponsor:

Nozzolio

 

 

 

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:

01/30/2006 Amended on 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

01/30/2006 Amended on third reading

 

Sponsor:

Martin J. Golden (R-Majority)

 

 

 

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:

01/30/2006 Scheduled for committee hearing on this date; House Judiciary Amendment  ; Judiciary Do Pass Amended Passed, YEAS 11, NAYS 2 .

 

Synopsis:

Establishes a workers compensation small claims procedure.

 

Additional Information:

As engrossed 1/30/06:

 

... 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 First read in House and referred to House Judiciary

01/30/2006 Scheduled for committee hearing on this date; House Judiciary Amendment  ; Judiciary Do Pass Amended Passed, YEAS 11, NAYS 2 .

 

Sponsor Information:

Tim Rave (R - Majority)

 

Sponsor:

Rave

 

 

 

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:

01/31/2006 In House; Comm - Amendment Recommendation House Business and Labor Committee; Comm - Held House Business and Labor Committee

 

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 Legislative Research and General Counsel; Bill Distributed Legislative Research and General Counsel

01/11/2006 House/ received from General Counsel House Docket Clerk

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

01/20/2006 House/ to standing committee House Business and Labor Committee

01/31/2006 In House; Comm - Amendment Recommendation House Business and Labor Committee; Comm - Held House Business and Labor Committee

 

Sponsor:

McGee

 

 

 

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:

01/31/2006 House/ committee report favorable House Law Enforcement and Criminal Justice Committee; House/ read 2nd time House Third Reading Calendar for Senate Bills

 

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 Numbered Legislative Research and General Counsel; Bill Distributed Legislative Research and General Counsel

01/19/2006 House/ received from General Counsel House Docket Clerk; House/ read 1st time (Introduced) House Rules Committee

01/24/2006 House/ to Printing with fiscal note House Rules Committee; House/ to standing committee House Law Enforcement and Criminal Justice Committee; House/ received bill with fiscal note from Print House Law Enforcement and Criminal Justice Committee

01/27/2006 In House; Comm - Favorable Recommendation House Law Enforcement and Criminal Justice Committee

01/31/2006 House/ committee report favorable House Law Enforcement and Criminal Justice Committee; House/ read 2nd time House Third Reading Calendar for Senate Bills

 

Sponsor Information:

Bradley G Last (R - Majority)

 

Sponsor:

Last

 

 

 

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:

01/30/2006 House/ return to Rules Comm due to fiscal impact House Rules Committee

 

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 Legislative Research and General Counsel; Bill Distributed Legislative Research and General Counsel

01/13/2006 In Senate; received from Legislative Research Waiting for Introduction in the Senate

01/16/2006 In Senate; read 1st (Introduced) Senate Rules Committee; to standing committee Senate Health and Human Services Committee

01/17/2006 Senate Comm - Favorable Recommendation Senate Health and Human Services Committee; In Senate; received fiscal note from Fiscal Analyst Senate Health and Human Services Committee; to Printing with fiscal note Senate Health and Human Services Committee

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

01/19/2006 In Senate; substitute Senate Second Reading; pass 2nd Senate Third Reading

01/20/2006 In Senate; read 3rd Senate Third Reading; pass 3rd Clerk of the House; to House Clerk of the House; House/ read 1st time (Introduced) House Rules Committee

01/25/2006 House/ to standing committee House Public Utilities and Technology Committee

01/27/2006 In House; Comm - Favorable Recommendation House Public Utilities and Technology Committee; House/ committee report favorable House Public Utilities and Technology Committee; House/ read 2nd time House Third Reading Calendar for Senate Bills

01/30/2006 House/ return to Rules Comm due to fiscal impact House Rules Committee

 

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:

01/26/2006 In Senate; committee report favorable Senate Second Reading

 

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 Legislative Research and General Counsel; Bill Distributed Legislative Research and General Counsel

01/17/2006 In Senate; received from Legislative Research Waiting for Introduction in the Senate; read 1st (Introduced) Senate Rules Committee

01/23/2006 In Senate; to Printing with fiscal note Senate Health and Human Services Committee; to standing committee Senate Health and Human Services Committee

01/24/2006 Senate Comm - Amendment Recommendation Senate Health and Human Services Committee; Senate Comm - Favorable Recommendation Senate Health and Human Services Committee

01/26/2006 In Senate; committee report favorable Senate Second Reading

 

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:

01/31/2006 In House; Passed by indefinitely in Health, Welfare and Institutions

 

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:

01/10/2006 In House; Prefiled and ordered printed; Referred to Committee on Health, Welfare and Institutions

01/11/2006 In House; Introduced

01/31/2006 In House; Passed by indefinitely in Health, Welfare and Institutions

 

Sponsor Information:

Clarence E Phillips (D - Minority).

 

Sponsor:

Phillips

 

 

 

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:

01/31/2006 In House; Read third time and passed House BLOCK VOTE (99-Y 0-N); VOTE: BLOCK VOTE PASSAGE (99-Y 0-N); Communicated to Senate

 

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:

As recommended as substituted from committee 1/26/06:

 

... D. Health care entities may, and, when required by other provisions of state law, shall, disclose health records:

 

1. As set forth in subsection E, pursuant to the written authorization of (i) the individual or (ii) in the case of a minor, (a) his custodial parent, guardian or other person authorized to consent to treatment of minors pursuant to Section 54.1-2969 or (b) the minor himself, if he has consented to his own treatment pursuant to subsection E of Section 54.1-2969, or (iii) in emergency cases or situations where it is impractical to obtain an individual's written authorization, pursuant to the individual's oral authorization for a health care provider or health plan to discuss the individual's health records with a third party specified by the individual;

 

2. In compliance with a subpoena issued in accord with subsection H, pursuant to court order upon good cause shown or in compliance with a subpoena issued pursuant to subsection C of Section 8.01-413;

 

3. In accord with subsection F of Section 8.01-399 including, but not limited to, situations where disclosure is reasonably necessary to establish or collect a fee or to defend a health care entity or the health care entity's employees or staff against any accusation of wrongful conduct; also as required in the course of an investigation, audit, review or proceedings regarding a health care entity's conduct by a duly authorized law-enforcement, licensure, accreditation, or professional review entity;

 

4. In testimony in accordance with Sections 8.01-399 and 8.01-400.2;

 

5. In compliance with the provisions of Section 8.01-413;

 

6. As required or authorized by law relating to public health activities, health oversight activities, serious threats to health or safety, or abuse, neglect or domestic violence, relating to contagious disease, public safety, and suspected child or adult abuse reporting requirements, including, but not limited to, those contained in Sections 32.1-36, 32.1-36.1, 32.1-40, 32.1-41, 32.1-127.1:04, 32.1-276.5, 32.1-283, 32.1-283.1, 37.2-710, 37.2-839, 53.1-40.10, 54.1-2400.6, 54.1-2400.7, 54.1-2403.3, 54.1-2506, 54.1-2966, 54.1-2966.1, 54.1-2967, 54.1-2968, 63.2-1509 and 63.2-1606;

 

7. Where necessary in connection with the care of the individual;

 

8. In CONNECTION WITH THE HEALTH CARE ENTITY'S OWN HEALTH CARE OPERATIONS OR THE HEALTH CARE OPERATIONS OF ANOTHER HEALTH CARE ENTITY, AS SPECIFIED IN 45 C.F.R. SECTION 164.501, OR IN the normal course of business in accordance with accepted standards of practice within the health services setting; however, the maintenance, storage, and disclosure of the mass of prescription dispensing records maintained in a pharmacy registered or permitted in Virginia shall only be accomplished in compliance with Sections 54.1-3410, 54.1-3411 and 54.1-3412; ...

 

Status:

01/10/2006 In House; Prefiled and ordered printed; Referred to Committee on Health, Welfare and Institutions

01/11/2006 In House; Introduced

01/26/2006 In House; Committee substitute printed -H1; Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)

01/27/2006 In House; Read first time

01/30/2006 In House; Read second time; Committee substitute agreed to -H1; Engrossed by House - committee substitute HB853H1

01/31/2006 In House; Read third time and passed House BLOCK VOTE (99-Y 0-N); VOTE: BLOCK VOTE PASSAGE (99-Y 0-N); Communicated to Senate

 

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:

01/30/2006 In Senate; Constitutional reading dispensed; Referred to Committee for Courts of Justice

 

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:

As recommended as substituted from committee 1/24/06:

 

... 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. NOTWITHSTANDING THE PROVISIONS OF SECTION 32.1-127.1:03, 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. 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 ...

01/23/2006 In House; Reported from Courts of Justice with substitute (21-Y 0-N)

01/24/2006 In House; Committee substitute printed -H1

01/25/2006 In House; Read first time

01/26/2006 In House; Read second time; Committee substitute agreed to -H1; Engrossed by House - committee substitute HB888H1

01/27/2006 In House; Read third time and passed House BLOCK VOTE (96-Y 0-N); VOTE: BLOCK VOTE PASSAGE (96-Y 0-N); Communicated to Senate

01/30/2006 In Senate; Constitutional reading dispensed; Referred to Committee for Courts of Justice

 

Sponsor Information:

Terry G Kilgore (R - Majority)

 

Sponsor:

Kilgore

 

 

 

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:

01/30/2006 In Senate; Continued to 2007 in Courts of Justice (14-Y 0-N)

 

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 In Senate; Prefiled and ordered printed; Introduced; Referred to Committee for Courts of Justice

01/30/2006 In Senate; Continued to 2007 in Courts of Justice (14-Y 0-N)

 

Sponsor Information:

Mark Obenshain (R - Majority)

 

Sponsor:

Obenshain

 

 

 

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:

01/30/2006 In House; Passed to Rules Committee for second reading.

 

Synopsis:

Relates to health information technology.

 

Additional Information:

As recommended as substituted from committee 1/27/06:

 

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, integrated delivery systems, and providers in the state of Washington to adopt health information technologies by the year 2012. ...

 

Status:

01/10/2006 In House; First reading, referred to Health Care.

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

01/27/2006 In House; Executive session in committee. Health Care - Executive action taken by committee. Health Care - Majority; 1st substitute bill be substituted, do pass. Minority; do not pass.

01/30/2006 In House; Passed to Rules Committee for second reading.

 

Sponsor Information:

Dawn Morrell (D - Majority)

 

Sponsor:

Morrell

 

 

 

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:

01/30/2006 In Senate; Executive session in committee.

 

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; Public hearing in committee.

01/30/2006 In Senate; Executive session in committee.

 

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; 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.

 

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; Public hearing in committee.

 

Sponsor Information:

Karen Keiser (D - Majority)

 

Sponsor:

Keiser

 

 

 

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:

02/01/2006 In Senate; Scheduled for public hearing in committee. (Subject to change)

 

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 In Senate; First reading, referred to Judiciary.

01/26/2006 In Senate; Public hearing in committee.

02/01/2006 In Senate; Scheduled for public hearing in committee. (Subject to change)

 

Sponsor Information:

Brian Weinstein (D - Majority)

 

Sponsor:

Weinstein

 

 

 

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:

01/31/2006 In Assembly; Read a second time.; Assembly amendment 1 adopted .; Assembly amendment 2 adopted .; Assembly amendment 3 adopted .; Assembly amendment 1 to Assembly amendment 4 offered; Assembly amendment 1 to Assembly amendment 4 adopted .; Assembly amendment 4 adopted .; Assembly amendment 5 offered; Point of order that Assembly amendment 5 not germane well taken.; Decision of the Chair appealed.; Decision of the Chair upheld 01 -31. A. Ordered to a third reading.; Rules suspended.; Read a third time and passed.; Ordered immediately messaged.

 

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

01/25/2006 In Assembly; Executive action taken.; Assembly amendment 4 offered by joint committee on Finance

01/26/2006 In Assembly; Report Assembly Amendment 1 adoption recommended by joint committee on Finance; Report Assembly Amendment 2 adoption recommended by joint committee on Finance; Report Assembly Amendment 3 adoption recommended by joint committee on Finance; Report Assembly Amendment 4 adoption recommended by joint committee on Finance; Report passage as amended recommended by joint committee on Finance; Referred to committee on Rules; Placed on calendar 1-31-by committee on Rules.

01/30/2006 In Assembly; Representative Moulton added as a coauthor

01/31/2006 In Assembly; Read a second time.; Assembly amendment 1 adopted .; Assembly amendment 2 adopted .; Assembly amendment 3 adopted .; Assembly amendment 1 to Assembly amendment 4 offered; Assembly amendment 1 to Assembly amendment 4 adopted .; Assembly amendment 4 adopted .; Assembly amendment 5 offered; Point of order that Assembly amendment 5 not germane well taken.; Decision of the Chair appealed.; Decision of the Chair upheld 01 -31. A. Ordered to a third reading.; Rules suspended.; Read a third time and passed.; Ordered immediately messaged.

 

Sponsor Information:

Gregg A. Underheim (R-Majority)

 

Sponsor:

Underheim