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Association of Health Information Outsourcing Services

02/01/2006 - 02/08/2006

 

 

 

 

New Legislative Entries

 

Arizona H.B. 2786

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=AZ+H.B.+2786

 

Category:

Medical Records Privacy

 

Last Action:

02/02/2006 INTRODUCED.

 

Synopsis:

Provides that a health professional shall not transfer possession of a medical record to another entity that is not required to comply with state and federal laws regarding proper storage and disposal; does not include a veterinarian; relates to the subject of the medical records, if the subject is a minor child or dependent person, the child's parents or legal guardians; requires notification to patients regarding custody of records upon termination of practice; provides for estates and abandoned records.

 

Additional Information:

AS introduced 2/2/06:

 

... Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding sections 32-3210, 32-3211 and 32-3212, to read:

 

32-3210. MEDICAL RECORDS; TRANSFER; UNPROFESSIONAL CONDUCT; CLASSIFICATION

 

A. A HEALTH PROFESSIONAL SHALL NOT TRANSFER POSSESSION OF A MEDICAL RECORD, WHETHER BY COPY OR IN ORIGINAL FORM, TO ANOTHER PERSON OR ENTITY THAT IS NOT REQUIRED TO COMPLY WITH FEDERAL OR STATE LAWS RELATING TO THE PROPER STORAGE AND DISPOSAL OF MEDICAL RECORDS. THIS SUBSECTION DOES NOT APPLY TO THE TRANSFER OF RECORDS TO ANY FACILITY THAT IS IN THE BUSINESS OF SECURELY STORING MEDICAL RECORDS FOR HEALTH PROFESSIONALS WHO REMAIN RESPONSIBLE FOR THOSE RECORDS. ...

 

Status:

02/02/2006 INTRODUCED.

 

Sponsor Information:

Jonathan Paton (R - Majority)

Committees: House Committee on Counties; House Committee on Government Reform and Government Finance Accountability (Vice Chair); House Committee on Judiciary; Serving since 2004

 

Sponsor:

Paton

 

 

 

Georgia H.B. 1145

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=GA+H.B.+1145

 

Category:

Medical Records Privacy

 

Last Action:

01/31/2006 To HOUSE Committee on NON CIVIL - JUDICIARY.

 

Synopsis:

Relates to juvenile proceedings, so as to change provisions relating to mental health proceedings; provides for definitions; reorganizes certain provisions of the article for clarity; requires a child to be represented by an attorney if the child is being evaluated for competency; changes certain provisions relating to the content of an evaluator's report; provides for least restrictive environments, where possible.

 

Additional Information:

As introduced 1/31/06:

 

... (B) WHEN ANY CASE IS TRANSFERRED PURSUANT TO THIS CODE SECTION, CERTIFIED COPIES OF ALL LEGAL, SOCIAL HISTORY, HEALTH, OR MENTAL HEALTH RECORDS PERTAINING TO THE CASE ON FILE WITH THE CLERK OF THE COURT SHALL ACCOMPANY THE TRANSFER. COMPLIANCE WITH THIS CODE SECTION SHALL TERMINATE JURISDICTION IN THE SENDING COURT AND INITIATE JURISDICTION IN THE RECEIVING COURT. ...

 

Status:

01/31/2006 INTRODUCED.

01/31/2006 To HOUSE Committee on NON CIVIL - JUDICIARY.

 

Sponsor Information:

David Ralston (R - Majority)

Committees: House Committee on Appropriations; House Committee on Judiciary-Non-Civil (Chair); House Committee on Legislative and Congressional Reapportionment; House Committee on Rules; Serving since 2002

 

Sponsor:

Ralston

 

 

 

Kentucky H.B. 490

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=KY+H.B.+490

 

Category:

Medical Records Privacy

 

Last Action:

02/01/2006 INTRODUCED.

 

Synopsis:

Relates to the voluntary termination of pregnancy; includes more legislative findings pertaining to the health and rights of women; includes definitions for individual private setting, and pregnancy help center; increase the physician disclosure requirements made to a woman contemplating an abortion, require facilities who counsel women about abortions to make certain disclosures.

 

Additional Information:

As introduced 2/1/06:

 

... (2) No abortion shall be performed or induced UNLESS THE PHYSICIAN FIRST OBTAINS A except with the voluntary and informed written consent of the PREGNANT WOMAN UPON WHOM THE PHYSICIAN INTENDS TO PERFORM THE ABORTION, EXCEPT WHEN THE PHYSICIAN DETERMINES THAT OBTAINING AN INFORMED CONSENT IS IMPOSSIBLE DUE TO A MEDICAL EMERGENCY AND FURTHER DETERMINES THAT DELAYING THE PROCEDURE UNTIL AN INFORMED CONSENT CAN BE OBTAINED FROM THE PREGNANT WOMAN OR HER NEXT OF KIN IS IMPOSSIBLE DUE TO THE MEDICAL EMERGENCY, WHICH DETERMINATION SHALL THEN BE DOCUMENTED IN THE MEDICAL RECORDS OF THE PATIENT. A CONSENT TO AN ABORTION IS NOT VOLUNTARY AND INFORMED UNLESS, IN ADDITION TO ANY OTHER INFORMATION THAT MUST BE DISCLOSED UNDER THE COMMON LAW DOCTRINE AND THE OTHER STATUTORY PROVISIONS, THE FOLLOWING REQUIREMENTS OF THIS SUBSECTION TAKE PLACE woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if : ...

 

Status:

02/01/2006 INTRODUCED.

 

Sponsor Information:

Addia Kathryn Wuchner (R - Minority)

Committees: House Committee on Banking and Insurance; House Committee on Education; House Committee on Health and Welfare; Serving since 2004

 

Sponsor:

Wuchner

 

 

 

Maryland H.B. 749

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MD+H.B.+749

 

Category:

Medical Records Privacy

 

Last Action:

02/06/2006 To HOUSE Committee on ECONOMIC MATTERS.

 

Synopsis:

Requires a health care provider to disclose a medical record without specified authorization to an employer, insurer, uninsured employer's fund, or a subsequent injury fund for the purpose of investigating the compensability or nature and extent of an alleged work-related injury or occupational disease.

 

Additional Information:

Full text not yet available.

 

Status:

02/06/2006 INTRODUCED.

02/06/2006 To HOUSE Committee on ECONOMIC MATTERS.

 

Sponsor Information:

John F Wood (D - Majority)

Committees: House Committee on Economic Matters; House Committee on Rules and Executive Nominations; Joint Committee on Administrative; Joint Committee on Workers' Compensation Benefit and Insurance Oversight (Chair); Joint Legislative Policy Committee; Serving since 1986

 

Sponsor:

Wood

 

 

 

Missouri H.B. 1661

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MO+H.B.+1661

 

Category:

Medical Records Privacy

 

Last Action:

02/02/2006 INTRODUCED.

 

Synopsis:

Creates a medical records retention law for dentistry.

 

Additional Information:

As introduced 2/2/06:

 

Section A. Section 332.071, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 332.052 and 332.071, to read as follows:

 

332.052. 1. DENTISTS SHALL MAINTAIN AN ADEQUATE AND COMPLETE PATIENT RECORD FOR EACH PATIENT AND MAY MAINTAIN ELECTRONIC RECORDS PROVIDED THE RECORD-KEEPING FORMAT IS CAPABLE OF BEING PRINTED FOR REVIEW BY THE BOARD.

 

2. PATIENT RECORDS REMAINING UNDER THE CARE, CUSTODY AND CONTROL OF THE LICENSEES SHALL BE MAINTAINED BY THE LICENSEE, OR THE LICENSEE'S DESIGNEE, FOR A MINIMUM OF FIVE YEARS FROM THE DATE OF WHEN THE LAST PROFESSIONAL SERVICE WAS PROVIDED OR IN THE CASE OF A MINOR, FIVE YEARS FROM THE AGE OF MAJORITY.

 

3. ANY CORRECTION, ADDITION, OR CHANGE IN ANY PATIENT RECORD MADE MORE THAN FORTY-EIGHT HOURS AFTER THE FINAL ENTRY IS ENTERED IN THE RECORD AS AN ADDENDUM, SHALL BE CLEARLY MARKED AND IDENTIFIED AS SUCH, AND THE DATE, TIME, AND NAME OF THE PERSON MAKING THE CORRECTION, ADDITION, OR CHANGE SHALL BE INCLUDED, AS WELL AS THE REASON FOR THE CORRECTION, ADDITION, OR CHANGE.

 

4. DENTISTS AND NONDENTISTS SHALL MAINTAIN COPIES OF LABORATORY WORK ORDERS FOR FIVE YEARS. ...

 

Status:

02/02/2006 INTRODUCED.

 

Sponsor Information:

Bob Behnen (R - Majority)

Committees: House Committee on Administration and Accounts; House Committee on Budget; House Committee on Elementary and Secondary Education (Vice Chair); House Committee on Professional Registration and Licensing (Chair); Serving since 2000

 

Sponsor:

Behnen

 

 

 

New Mexico H.B. 858

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/01/2006 To HOUSE Committee on APPROPRIATIONS AND FINANCE.

 

Synopsis:

Makes an appropriation to support the telehealth program development and computer enhancement statewide.

 

Additional Information:

As introduced, 2/1/06:

 

Section 1. APPROPRIATION.--

 

A. Seven million dollars ($ 7,000,000) is appropriated from the general fund to the department of health for expenditure in fiscal year 2007 as follows:

 

(1) three million dollars ($ 3,000,000) to develop and coordinate telehealth clinical service sites and electronic medical records and to support staffing and training needs at service hubs in school-based health centers, primary care sites, rural clinics and urgent care centers statewide; and

 

(2) four million dollars ($ 4,000,000) to fund band connectivity, video equipment, wiring, health information hardware and software and installation of telehealth capability at school-based health centers, primary care sites, rural clinics and urgent care centers statewide. ...

 

Status:

02/01/2006 INTRODUCED.

02/01/2006 To HOUSE Committee on CONSUMER AND PUBLIC AFFAIRS.

02/01/2006 To HOUSE Committee on APPROPRIATIONS AND FINANCE.

 

Sponsor Information:

Danice R Picraux (D - Majority)

Committees: House Committee on Appropriations and Finance (Vice Chair); House Committee on Printing and Supplies; House Committee on Rules and Order of Business; House Committee on Voters and Elections; Serving since 1991

 

Sponsor:

Picraux

 

 

 

New York A.B. 9766

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+A.B.+9766

 

Category:

Medical Records Privacy

 

Last Action:

02/01/2006 To ASSEMBLY Committee on ALCOHOLISM AND DRUG ABUSE.

 

Synopsis:

Creates the chemical dependence treatment bill of rights to be posted in a conspicuous place in all treatment facilities.

 

Additional Information:

As introduced 2/1/06:

 

Section 1. Subdivision (c) of section 22.03 of the mental hygiene law, as added by chapter 558 of the laws of 1999, is amended and a new subdivision (d) is added to read as follows:

 

(c) The director of every chemical dependence program, service, or treatment facility shall post copies of a notice CHEMICAL DEPENDENCE TREATMENT BILL OF RIGHTS in a form and manner to be determined by the commissioner, at places throughout the facility or program where such notice BILL OF RIGHTS shall be conspicuous and visible to all patients , stating . THE CHEMICAL DEPENDENCE TREATMENT BILL OF RIGHTS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, the following: ...

 

... 6. EVERY PATIENT HAS THE RIGHT TO PRIVACY IN TREATMENT AND IN CARING FOR PERSONAL NEEDS, TO HAVE CONFIDENTIALITY IN THE TREATMENT OF PERSONAL AND MEDICAL RECORDS, AND TO HAVE SECURITY IN STORING POSSESSIONS;

 

7. EVERY PATIENT HAS THE RIGHT TO HAVE ACCESS TO HIS OR HER TREATMENT RECORDS; ...

 

Status:

02/01/2006 INTRODUCED.

02/01/2006 To ASSEMBLY Committee on ALCOHOLISM AND DRUG ABUSE.

 

Sponsor Information:

Jeffrey Dinowitz (D - Majority)

Committees: Assembly Committee on Alcoholism and Drug Abuse (Chair); Assembly Committee on Consumer Affairs and Protection; Assembly Committee on Environmental Conservation; Assembly Committee on Election Law; Assembly Committee on Health; Assembly Committee on Judiciary; Serving since 1994

 

Sponsor:

Dinowitz

 

 

 

Oklahoma S.B. 1322

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OK+S.B.+1322

 

Category:

Pricing

 

Last Action:

02/06/2006 INTRODUCED.

 

Synopsis:

Relates to public health and safety; relates to fees for certified copies of records; provides certain exception for payment of specified fees; provides an effective date.

 

Additional Information:

As introduced 2/6/06:

 

... NO COPY FEE FOR BIRTH OR DEATH CERTIFICATES SHALL BE REQUIRED OF ANY LAW ENFORCEMENT AGENT OR COURT OFFICIAL OF THIS STATE WHO INFORMS THE BOARD OF HEALTH THAT SAID COPIES ARE FOR OFFICIAL BUSINESS OF THE LAW ENFORCEMENT AGENCY OR COURT. ...

 

Status:

01/11/2006 PREFILED.

02/06/2006 INTRODUCED.

 

Sponsor Information:

Brian A Crain (R - Minority)

Committees: Senate Committee on Appropriations; Senate Committee on General Government; Senate Committee on Judiciary; Senate Committee on Public Safety and Homeland Security; Senate Committee on Tourism and Wildlife; Serving since 2004

 

Sponsor:

Crain

 

 

 

Pennsylvania S.B. 1085

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=PA+S.B.+1085

 

Category:

Medical Records Privacy

 

Last Action:

02/06/2006 To SENATE Committee on PUBLIC HEALTH AND WELFARE.

 

Synopsis:

Provides for a Statewide comprehensive health care system. Establishes the Pennsylvania Health Care Plan and provides for eligibility, services, coverages, subrogation, participating providers, cost containment, reduction of errors, tort remedies, administrative remedies and procedures, attorney fees, quality assurance, nonparticipating providers, transitional support and training. Establishes the Pennsylvania Health Care Agency.

 

Additional Information:

As introduced 2/6/06:

 

... (15) Establishing a secure and centralized electronic health record system wherein a beneficiary's entire health record can be readily and reliably accessed by authorized persons with the objective of eliminating the errors and expense associated with paper records and diagnostic films. ...

 

Status:

02/06/2006 INTRODUCED.

02/06/2006 To SENATE Committee on PUBLIC HEALTH AND WELFARE.

 

Sponsor Information:

Jim Ferlo (D - Minority)

Committees: Senate Committee on Community and Economic Development; Senate Committee on Local Government (Vice Chair); Senate Committee on Labor and Industry; Senate Committee on Urban Affairs and Housing; Serving since 2002

 

Sponsor:

Ferlo

 

 

 

Wisconsin A.B. 955

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+A.B.+955

 

Category:

Medical Records Privacy

 

Last Action:

01/30/2006 To ASSEMBLY Committee on WAYS AND MEANS.

 

Synopsis:

Relates to an income and franchise tax credit for information technology equipment used to maintain medical records in electronic form.

 

Additional Information:

As introduced 1/30/06:

 

71.07 (5e) ELECTRONIC MEDICAL RECORDS CREDIT. (a) Definitions. In this subsection, "claimant" means a person who files a claim under this subsection.

 

(b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the taxes imposed under section 71.02, up to the amount of those taxes, an amount equal to the amount the claimant paid in the taxable year for information technology hardware or software that is used to maintain medical records in electronic form, if the claimant is a health care provider, as defined in section 146.81 (1). ...

 

Status:

01/30/2006 INTRODUCED.

01/30/2006 To ASSEMBLY Committee on WAYS AND MEANS.

 

Sponsor Information:

Terry Moulton (R - Majority)

Committees: Assembly Committee on Health; Assembly Committee on Insurance; Assembly Committee on Natural Resources (Vice Chair); Assembly Committee on Tourism; Serving since 2004

 

Sponsor:

Moulton

 

 

 

Wisconsin S.B. 534

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+S.B.+534

 

Category:

Medical Records Privacy

 

Last Action:

01/31/2006 To SENATE Committee on HEALTH, CHILDREN, FAMILIES, AGING AND LONG-TERM CARE.

 

Synopsis:

Relates to creating an individual and corporate income tax exemption for interest on bonds or notes issued by the Wisconsin Health and Educational Facilities Authority for purposes related to the purchase of information technology equipment by health facilities.

 

Additional Information:

As introduced 1/31/06:

 

SECTION 1. 71.05 (1) (c) 7. of the statutes is created to read:       71.05 (1) (c) 7. The Wisconsin Health and Educational Facilities Authority under section 231.03 (6), on or after the effective date of this subdivision ...revisor inserts date], if the proceeds from the bonds or notes that are issued are used by a health facility, as defined in section 231.01 (5), to fund the acquisition of information technology hardware or software. ...

 

Status:

01/31/2006 INTRODUCED.

01/31/2006 To SENATE Committee on HEALTH, CHILDREN, FAMILIES, AGING AND LONG-TERM CARE.

 

Sponsor Information:

Carol A Roessler (R - Majority)

Committees: Joint Committee on Audit; Senate Committee on Health (Chair); Senate Committee on Judiciary; Serving since 1987

 

Sponsor:

Roessler

 

 


 

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:

02/02/2006 Committee of the Whole Do Pass Amended 0 0 0 0

 

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

02/02/2006 Committee of the Whole Do Pass Amended 0 0 0 0

 

Sponsor Information:

John Allen (R - Majority)

 

Sponsor:

Allen

 

 

 

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:

02/06/2006 In House; Passed/Adopted; Third Readers

 

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 In House; First Readers

01/09/2006 In House; Second Readers

01/25/2006 In House; Committee Favorably Reported

02/06/2006 In House; Passed/Adopted; Third Readers

 

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:

02/01/2006 In House; The committees on Consumer Protection & Commerce recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 8 Ayes; 0 Noes; 3 Excused.

 

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 In House; Pending introduction.

01/25/2006 In House; Introduced and Pass First Reading.; Referred to Consumer Protection & Commerce

01/30/2006 In House; Bill scheduled to be heard by Consumer Protection & Commerce on Wednesday, 02-01-06.

02/01/2006 In House; The committees on Consumer Protection & Commerce recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 8 Ayes; 0 Noes; 3 Excused.

 

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:

02/06/2006 In House; The committees on Health recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 4 Ayes; 0 Noes; 3 Excused.

 

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 In House; Introduced and Pass First Reading

01/30/2006 In House; Referred to Health, Finance

02/02/2006 In House; Bill scheduled to be heard by Health on Monday, 02-06-06.

02/03/2006 In House; Re-referred to Health, Judiciary, Finance

02/06/2006 In House; The committees on Health recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 4 Ayes; 0 Noes; 3 Excused.

 

Sponsor Information:

Sylvia K Luke (D - Majority)

 

Sponsor:

Luke

 

 

 

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:

02/03/2006 In Senate; The committee(s) on Health has scheduled a public hearing on 02-13-06.

 

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.

02/03/2006 In Senate; The committee(s) on Health has scheduled a public hearing on 02-13-06.

 

Sponsor Information:

Rosalyn Baker (D - Majority)

 

Sponsor:

Baker

 

 

 

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:

02/03/2006 In Senate; The committee(s) on Committee on Commerce, Consumer Protection & Housing has scheduled a public hearing on 02-09-06.

 

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 In Senate; Introduced and passed First Reading.

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

02/03/2006 In Senate; The committee(s) on Committee on Commerce, Consumer Protection & Housing has scheduled a public hearing on 02-09-06.

 

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:

02/02/2006 In Senate; The committee(s) on Health has scheduled a public hearing on 02-08-06.

 

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 In Senate; Introduced and passed First Reading.

01/30/2006 In Senate; Referred to Health, Judiciary & Hawaiian Affairs.

02/02/2006 In Senate; The committee(s) on Health has scheduled a public hearing on 02-08-06.

 

Sponsor Information:

Suzanne Nyuk Jun Chun Oakland (D - Majority)

 

Sponsor:

Chun Oakland

 

 

 

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:

02/01/2006 In Senate; Senate Committee Amendment No. 1 Held in Judiciary; Held in 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

02/01/2006 In Senate; Senate Committee Amendment No. 1 Held in Judiciary; Held in Judiciary

 

Sponsor:

John J Cullerton (D - Majority)

 

 

 

Illinois S.B. 2763

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/01/2006 In Senate; Assigned to Health & Human Services

 

Synopsis:

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

 

Additional Information:

As introduced 1/20/06:

 

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

 

(20 ILCS 2435/59 new)

 

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

 

Status:

01/20/2006 In Senate; Filed; First Reading; Referred to Rules

02/01/2006 In Senate; Assigned to Health & Human Services

 

Sponsor Information:

James F Clayborne (D - Majority)

 

Sponsor:

Clayborne

 

 

 

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:

02/07/2006 In Senate; Passed

 

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

02/07/2006 In Senate; Passed

 

Sponsor Information:

Patrick Alan Nunnelee (R - Minority)

 

Sponsor:

Nunnelee

 

 

 

New Mexico H.B. 354

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/02/2006 DO PASS committee report adopted. - House Appropriations & Finance Committee

 

Synopsis:

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

 

Additional Information:

As introduced 1/23/06:

 

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

 

Status:

01/23/2006 House Consumer & Public Affairs Committee/House Appropriations & Finance Committee - House Consumer & Public Affairs Committee

02/02/2006 DO PASS committee report adopted. - House Appropriations & Finance Committee

 

Sponsor Information:

Edward C Sandoval (D - Majority)

 

Sponsor:

Sandoval

 

 

 

New York A.B. 6334

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+A.B.+6334

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 Committee discharged and committed to Assembly Children and Families

 

Synopsis:

Creates the Office of the Child Advocate to oversee the administration of state services provided to children; repeals certain provisions of the Social Services Law relating to the State Commission on the Quality of Foster Care.

 

Additional Information:

Language as Introduced on March 10, 2005:

 

SECTION 1004. RIGHTS AND POWERS OF THE CHILD ADVOCATE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHILD ADVOCATE SHALL HAVE ACCESS TO, INCLUDING THE RIGHT TO INSPECT AND COPY, ANY RECORDS NECESSARY TO CARRY OUT THE DUTIES OF THE CHILD ADVOCATE AS OUTLINED IN THIS ARTICLE. SUCH ACCESS SHALL INCLUDE, BUT NOT BE LIMITED TO, ACCESS TO RECORDS MAINTAINED BY THE STATEWIDE CENTRAL REGISTRY OF CHILD ABUSE AND MALTREATMENT AND RECORDS OF LOCAL CHILD PROTECTIVE SERVICES MAINTAINED PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, RECORDS OF LOCAL AND REGIONAL FATALITY REVIEW TEAMS, AND RECORDS MAINTAINED PURSUANT TO SECTIONS THREE HUNDRED SEVENTY-TWO AND FOUR HUNDRED NINE-F OF THE SOCIAL SERVICES LAW. THE CHILD ADVOCATE SHALL HAVE ACCESS TO INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION TO THE EXTENT THAT THE CHILD ADVOCATE DETERMINES NECESSARY TO FULFILL THE REQUIREMENTS OF THIS ARTICLE. THE OFFICE OF THE CHILD ADVOCATE SHALL BE DEEMED A GOVERNMENTAL AUTHORITY AUTHORIZED TO RECEIVE REPORTS OF CHILD ABUSE OR NEGLECT FOR THE PURPOSE OF COMPLYING WITH 45 CFR SECTION 164.512 AND OTHER FEDERAL RULES AND REGULATIONS GOVERNING ACCESS TO INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION. IF THE CHILD ADVOCATE IS DENIED ACCESS TO ANY RECORDS NECESSARY TO CARRY OUT SUCH RESPONSIBILITIES, HE OR SHE MAY ISSUE A SUBPOENA FOR THE PRODUCTION OF SUCH RECORDS AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.

 

Status:

03/10/2005 Introduced and referred to committee on Assembly Children and Families

04/05/2005 Committee meeting set for Assembly Children and Families; Reported and referred to Assembly Codes

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

05/17/2005 Reported from committee on Assembly Ways and Means; First report cal.

05/23/2005 Set on the Assembly Floor Calendar; Laid out for discussion; Laid aside

06/20/2005 Set on the Assembly Floor Calendar; Laid out for discussion; Passed Assembly (Vote Y: 130/N: 0); Delivered to the Senate; Referred to Senate Rules

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

02/07/2006 Committee discharged and committed to Assembly Children and Families

 

Sponsor Information:

Barbara M. Clark (D-Majority)

 

Sponsor:

Clark

 

 

 

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:

02/03/2006 First read in Senate and referred to Senate Commerce

 

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 .

02/01/2006 House of Representatives Deferred to another day Passed

02/02/2006 House of Representatives Do Pass Amended Passed, YEAS 56, NAYS 12 .

02/03/2006 First read in Senate and referred to Senate Commerce

 

Sponsor Information:

Tim Rave (R - Majority)

 

Sponsor:

Rave

 

 

 

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:

02/07/2006 House/ comm rpt fav/ placed on Consent Cal House Health and Human Services Committee; House/ read 2nd time House Consent Calendar

 

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

02/01/2006 In Senate; read 2nd Senate Second Reading; pass 2nd Senate Third Reading

02/02/2006 In Senate; read 3rd Senate Third Reading; pass 3rd Clerk of the House; to House Clerk of the House; House/ received from Senate Clerk of the House

02/03/2006 House/ read 1st time (Introduced) House Rules Committee; House/ to standing committee House Health and Human Services Committee

02/06/2006 In House; Comm - Favorable Recommendation House Health and Human Services Committee; Comm - Consent Calendar Recommendation House Health and Human Services Committee

02/07/2006 House/ comm rpt fav/ placed on Consent Cal House Health and Human Services Committee; House/ read 2nd time House Consent Calendar

 

Sponsor Information:

Peter C Knudson (R - Majority)

 

Sponsor:

Knudson

 

 

 

Virginia H.B. 691

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/06/2006 In House; Read first time

 

Synopsis:

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

 

Additional Information:

As recommended as substituted from committee 2/3/06:

 

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

 

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

 

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

 

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

 

 

 

Status:

01/10/2006 In House; Prefiled and ordered printed; Referred to Committee on Militia, Police and Public Safety

01/11/2006 In House; Introduced

02/03/2006 In House; Reported from Militia, Police and Public Safety with substitute (22-Y 0-N); Committee substitute printed -H1

02/06/2006 In House; Read first time

 

Sponsor Information:

Rosalyn R Dance (D - Minority)

 

Sponsor:

Dance

 

 

 

Virginia H.B. 757

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/03/2006 In House; Assigned App. sub: Health and Human Resources (Hamilton)

 

Synopsis:

Requires the Board of Medical Assistance Services to implement and authorizes contracting for the delivery of effective disease management for individuals with chronic mental or physical disorders, the Board must implement an online electronic and appropriately encrypted system, including electronic funds transfer prior to dispensing of prescription drugs or delivery of other health services.

 

Additional Information:

As recommended as substituted from committee:

 

... 7. REQUIRE, INSOFAR AS FEASIBLE, FOR THE PURPOSE OF IMPROVING PROGRAM INTEGRITY, STREAMLINING AND EXPEDITING MEDICAID REIMBURSEMENT AND ELIGIBILITY PROCEDURES, REDUCING INACCURATE OR UNAUTHORIZED CLAIMS AND PAYMENTS, TRANSFORMING THE REVIEW AND VERIFICATION OF ELIGIBILITY, AND INCREASING THE EFFICIENCY AND EFFECTIVENESS OF UTILIZATION REVIEW, THE DEVELOPMENT AND IMPLEMENTATION OF AN ONLINE ELECTRONIC AND APPROPRIATELY ENCRYPTED SYSTEM, IN COMPLIANCE WITH THE FEDERAL PATIENT PRIVACY REGULATIONS PROMULGATED PURSUANT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, THAT INCLUDES: (I) ELECTRONIC FUNDS TRANSFER TECHNOLOGY AND THE ISSUANCE OF ELECTRONIC BENEFITS CARDS FOR REIMBURSEMENT OF SERVICES FOR RECIPIENTS; (II) PROSPECTIVE ELECTRONIC REAL-TIME UTILIZATION REVIEW OF SERVICES AND CLAIMS; (III) E-PRESCRIBING, I.E., SUBMISSION OF THE PRESCRIPTIONS FOR MEDICAID PATIENTS FROM THE PRESCRIBER TO THE PHARMACY BY E-MAIL IN A MANNER APPROVED BY THE BOARD OF PHARMACY AND THE BOARD OF MEDICAL ASSISTANCE SERVICES; (IV) POINT-OF-SALE ELECTRONIC SUBMISSION OF ALL CLAIMS FOR AND PAYMENTS OF PRESCRIPTION DRUGS BEFORE FILLING AND DISPENSING AND, WHEN POSSIBLE, POINT-OF-CONTACT ELECTRONIC SUBMISSION FOR AUTHORIZATION AND PAYMENT FOR OTHER COVERED HEALTH SERVICES; AND (V) AN ONLINE RECIPIENT ELIGIBILITY REVIEW AND ELIGIBILITY VERIFICATION SYSTEM WITH SOFTWARE DESIGNED TO DETECT INACCURACIES AND TO ISSUE ALERT NOTICES OF POTENTIAL CHANGES IN CIRCUMSTANCES OR PROGRAM VIOLATIONS. TO EXPEDITE THE PROSPECTIVE UTILIZATION REVIEW SYSTEM, HEALTH CARE PROVIDERS ARE ENCOURAGED TO IMPLEMENT THE USE OF ELECTRONIC HEALTH RECORDS SO THAT CLAIMS MAY BE ELECTRONICALLY SUBMITTED TO THE DEPARTMENT. FOR THOSE HEALTH CARE PROVIDERS WHO DO NOT HAVE THE MEANS TO ELECTRONICALLY SUBMIT CLAIMS, THE DIRECTOR SHALL DEVELOP A PROCESS AND PROVIDE DETAILED GUIDANCE ON HOW NONELECTRONIC CLAIMS MAY BE SUBMITTED VIA FACSIMILE TO THE DEPARTMENT OR SCANNED AND SUBMITTED TO THE DEPARTMENT VIA SECURE MEANS OVER THE INTERNET. THE DEPARTMENT SHALL ENDEAVOR TO PROCESS CLAIMS SUBMITTED VIA FACSIMILE OR VIA THE INTERNET IN A SIMILAR TIMEFRAME AS CLAIMS SUBMITTED ELECTRONICALLY. WITH SUCH FUNDS AS MAY BE APPROPRIATED FOR THE IMPLEMENTATION OF ELECTRONIC HEALTH RECORDS BY ALL MEDICAID PROVIDERS, INSOFAR AS FEASIBLE, THE DEPARTMENT IS ENCOURAGED TO PROVIDE ASSISTANCE GRANTS TO THOSE PROVIDERS WHO CURRENTLY DO NOT UTILIZE ELECTRONIC HEALTH RECORDS TECHNOLOGY IN SUBMITTING CLAIMS TO THE DEPARTMENT. ...

 

Status:

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

01/11/2006 In House; Introduced

02/02/2006 In House; Reported from Health, Welfare and Institutions with substitute (22-Y 0-N); Referred to Committee on Appropriations; Committee substitute printed -H1

02/03/2006 In House; Assigned App. sub: Health and Human Resources (Hamilton)

 

Sponsor Information:

Phillip A Hamilton (R - Majority)

 

Sponsor:

Hamilton

 

 

 

Virginia H.B. 853

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/01/2006 In Senate; Constitutional reading dispensed; Referred to Committee on Education and Health

 

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

02/01/2006 In Senate; Constitutional reading dispensed; Referred to Committee on Education and Health

 

Sponsor Information:

John M O'Bannon (R - Majority)

 

Sponsor:

O'Bannon

 

 

 

Virginia H.B. 1035

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/02/2006 In House; Continued to 2007 in Health, Welfare and Institutions (21-Y 0-N)

 

Synopsis:

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

 

Additional Information:

Language as Introduced on January 11, 2006:

 

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

 

Section 32.1-127.1:03. Health records privacy.

 

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

 

Pursuant to this subsection:

 

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

 

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

 

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

 

Status:

01/11/2006 In House; Prefiled and ordered printed; Introduced; Referred to Committee on Health, Welfare and Institutions

02/02/2006 In House; Continued to 2007 in Health, Welfare and Institutions (21-Y 0-N)

 

Sponsor Information:

Phillip A Hamilton (R - Majority)

 

Sponsor:

Hamilton

 

 

 

Virginia H.B. 1093

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/06/2006 In House; Read first time

 

Synopsis:

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

 

Additional Information:

Language as Introduced on January 11, 2006:

 

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

 

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

 

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

 

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

 

Status:

01/11/2006 In House; Prefiled and ordered printed; Introduced; Referred to Committee on Militia, Police and Public Safety

02/03/2006 In House; Reported from Militia, Police and Public Safety with amendment (22-Y 0-N)

02/06/2006 In House; Read first time

 

Sponsor Information:

Edward T Scott (R - Majority).

 

Sponsor:

Scott

 

 

 

Virginia S.B. 569

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/01/2006 In Senate; Continued to 2007 in Courts of Justice (10-Y 0-N)

 

Synopsis:

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

 

Additional Information:

Language as Introduced on January 11, 2006;

 

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

 

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

 

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

 

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

 

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

 

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

 

Status:

01/11/2006 In Senate; Prefiled and ordered printed; Introduced; Referred to Committee for Courts of Justice

02/01/2006 In Senate; Continued to 2007 in Courts of Justice (10-Y 0-N)

 

Sponsor Information:

Ryan T McDougle (R - Majority)

 

Sponsor:

McDougle

 

 

 

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:

02/06/2006 In House; Placed on second reading by Rules Committee.

 

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.

02/06/2006 In House; Placed on second reading by Rules Committee.

 

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:

02/02/2006 In Senate; Placed on second reading by Rules 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:

As recommended as substituted from committee 2/1/06:

 

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

 

(a) To federal, state, or local public health authorities, to the extent the health care provider is required by law to report health care information; when needed to determine compliance with state or federal licensure, certification or registration rules or laws; or when needed to protect the public health;

 

(b) To federal, state, or local law enforcement authorities to the extent the health care provider is required by law;

 

(c) (I) 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:

 

(A) THE NAME OF THE PATIENT;

 

(B) THE PATIENT'S RESIDENCE;

 

(C) THE PATIENT'S SEX;

 

(D) THE PATIENT'S AGE;

 

(E) THE PATIENT'S CONDITION;

 

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

 

(G) WHETHER THE PATIENT WAS CONSCIOUS WHEN ADMITTED;

 

(H) THE NAME OF THE HEALTH CARE PROVIDER MAKING THE DETERMINATION IN (C)(I)(E), (F), AND (G) OF THIS SUBSECTION;

 

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

 

(J) 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.

02/01/2006 In Senate; Health & Long-Term Care - Majority; 1st substitute bill be substituted, do pass. Passed to Rules Committee for second reading.

02/02/2006 In Senate; Placed on second reading by Rules Committee.

 

Sponsor Information:

Dale Brandland (R-Minority)

 

Sponsor:

Brandland

 

 

 

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:

02/02/2006 In Senate; Passed to Rules Committee for second reading.

 

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.

01/31/2006 In Senate; Executive session in committee.

02/01/2006 In Senate; Judiciary - Majority; do pass.

02/02/2006 In Senate; Passed to Rules Committee for second reading.

 

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:

02/01/2006 In Senate; Received from Assembly; Read first time and referred to committee on Health, Children, Families, Aging and Long Term Care

 

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; Ordered to a third reading; Rules suspended; Read a third time and passed; Ordered immediately messaged

02/01/2006 In Senate; Received from Assembly; Read first time and referred to committee on Health, Children, Families, Aging and Long Term Care

 

Sponsor Information:

Gregg A. Underheim (R-Majority)

 

Sponsor:

Underheim

 

 

 

Wisconsin S.B. 318

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+S.B.+318

 

Category:

Medical Records Privacy

 

Last Action:

02/01/2006 In Senate; Public hearing held.

 

Synopsis:

Relates to the definition of sexually violent person, sexually violent person commitment proceedings, criteria for supervised release, battery by certain committed persons, escape from custody by a person who is subject to a sexually violent person commitment proceeding, and providing penalties.

 

Additional Information:

Relevant Summary Language as Introduced on September 7, 2005:

 

Confidential Juvenile, Pupil, Mental Health Commitment, and Patient Health Care Records

 

Under current law, the following records are confidential and may be disclosed only to persons and entities specified in the statutes: juvenile court records; law enforcement records relating to juveniles; pupil records; and reports of child abuse and neglect. In addition, the files and records of mental health court proceedings are closed but are accessible to any person who is the subject of a petition for involuntary commitment or other petition under ch. 51, stats. (the Mental Health Act). Patient health care records are confidential and may be released upon request without informed consent only under specified conditions.

 

Under the bill, such records are open for inspection by and production to authorized representatives of the Department of Corrections (DOC), the Department of Health and Family Services (DHFS), DOJ, or a DA for use in the evaluation or prosecution of any SVP proceeding, if the records involve or relate to an individual who is the subject of or who is being evaluated for an SVP proceeding. The court in which the proceeding is pending may issue any protective orders that it determines are appropriate concerning information that is made available or disclosed under this provision. Any representative of DOC, DHFS, DOJ, or a DA may disclose information obtained under this provision for any purpose consistent with any SVP proceeding.See, for example, SECTIONS 5, 6, 7, 10, 19, 21, 40, 42, and 86]

 

Privileged Communications With Health Care Providers

 

Under current law, generally, a patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental, or emotional condition, between the patient and a health care provider. There is no privilege as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian, for courtordered protective services, or for protective placement if the health care provider in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement.

 

The bill includes in the privilege exception communications and information relevant to an issue in proceedings for control, care, and treatment of an SVP.SECTION 36]

 

Status:

09/07/2005 In Senate; Introduced by JOINT LEGISLATIVE COUNCIL.; Read first time and referred to committee on Judiciary, Corrections and Privacy

02/01/2006 In Senate; Public hearing held.

 

Sponsor Information:

Joint Legislative Council

 

Sponsor:

Joint Legislative Council

 

 

 

Wisconsin S.B. 391

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+S.B.+391

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 In Senate; Senate substitute amendment 1 offered by Senator Olsen.

 

Synopsis:

Examination of proposed ward: Under current law, when a guardian is proposed to be appointed for a ward on the ground of alleged incompetency, a physician or psychologist, or both, must furnish a written statement, based on an examination, concerning the proposed ward's mental condition. The proposed ward must be informed that his or her statements may be used as a basis for a finding of incompetency and for an order for protective services, including the involuntary administration of psychotropic medication, and that he or she may remain silent. The statement must be provided to the proposed ward and his or her guardian ad litem and attorney. The bill requires that the physician or psychologist examining the proposed ward furnish a report, instead of a statement, stating his or her professional opinion regarding the presence and likely duration of any medical or other condition causing the proposed ward's incapacity. The petitioner must provide a copy of the report to the petitioner's attorney, if any, as well as to the proposed ward and his or her counsel and guardian ad litem. Either the guardian ad litem or the physician or psychologist must inform the proposed ward that, absent a court order, he or she may refuse to participate in the examination. The court must consider the recency of any such report in determining its accuracy and the weight to be given to it. The bill also authorizes submitting a petition to the court to order the proposed ward to submit to an examination and permits access by the physician or psychologist to the proposed ward's patient health care records and mental health treatment records.

 

Additional Information:

(Note: Text too large to import, all relevant language included below)

 

Language as Introduced on October 17, 2005:

 

SECTION 66. 51.30 (4) (b) 20. (intro.) of the statutes is amended to read:

 

51.30 (4) (b) 20. (intro.) Except with respect to the treatment records of a subject individual who is receiving or has received services for alcoholism or drug dependence, to the spouse, parent, adult child or sibling of a subject individual, if the spouse, parent, adult child or sibling is directly involved in providing care to or monitoring the treatment of the subject individual and if the involvement is verified by the subject individual's physician, psychologist or by a person other than the spouse, parent, adult child or sibling who is responsible for providing treatment to the subject individual, in order to assist in the provision of care or monitoring of treatment. Except in an emergency as determined by the person verifying the involvement of the spouse, parent, adult child or sibling, the request for treatment records under this subdivision shall be in writing, by the requester. Unless the subject individual has been adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE , the person verifying the involvement of the spouse, parent, adult child or sibling shall notify the subject individual about the release of his or her treatment records under this subdivision. Treatment records released under this subdivision are limited to the following:

 

SECTION 67. 51.30 (4) (dm) 2. of the statutes is amended to read:

 

51.30 (4) (dm) 2. Conceal or withhold a treatment record with intent to prevent its release to the subject individual under par. (d), to his or her guardian appointed under ch. 880 , or to persons with the informed written consent of the subject individual or with intent to prevent or obstruct an investigation or prosecution.

 

SECTION 68. 51.30 (4) (f) of the statutes is amended to read:

 

51.30 (4) (f) Correction of information. A subject individual, or the parent, guardian , or person in the place of a parent of a minor, or the guardian of an INDIVIDUAL ADJUDICATED incompetent may, after having gained access to treatment records, challenge the accuracy, completeness, timeliness, or relevance of factual information in his or her treatment records and request in writing that the facility maintaining the record correct the challenged information. Such THE request shall be granted or denied within 30 days by the director of the treatment facility, the director of the county department under section 51.42 or 51.437, or the secretary depending upon which person has custody of the record. Reasons for denial of the requested changes shall be given by the responsible officer and the individual shall be informed of any applicable grievance procedure or court review procedure. If the request is denied, the individual, parent, guardian , or person in the place of a parent shall be allowed to insert into the record a statement correcting or amending the information at issue. The statement shall become a part of the record and shall be released whenever the information at issue is released.

 

SECTION 69. 51.30 (5) (a) of the statutes is amended to read:

 

51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

 

SECTION 70. 51.30 (5) (b) 1. of the statutes is amended to read:

 

51.30 (5) (b) 1. The guardian of an individual who is adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

 

 

 

SECTION 101. 51.61 (1) (w) 3. of the statutes is amended to read:

 

51.61 (1) (w) 3. A patient, a patient's relative who may be liable for the cost of the patient's care and treatment , or a patient's guardian may request information about charges for care and treatment services at the treatment facility or community mental health program. If a treatment facility or community mental health program receives such a request, the treatment facility or community mental health program shall promptly provide to the individual making the request written information about the treatment facility's or community mental health program's charges for care and treatment services. Unless the request is made by the patient, the guardian of a patient adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE , the parent or guardian of a minor who has access to the minor's treatment records under section 51.30 (5) (b) 1. , or a person designated by the patient's informed written consent under section 51.30 (4) (a) as a person to whom information may be disclosed, information released under this subdivision is limited to general information about the treatment facility's or community mental health program's charges for care and treatment services and may not include information which may not be disclosed under section 51.30.

 

Status:

10/17/2005 In Senate; Introduced; cosponsored; Read first time and referred to committee on Health, Children, Families, Aging and Long Term Care

10/20/2005 In Senate; Public hearing held.

11/22/2005 In Senate; Fiscal estimate received .

02/06/2006 In Senate; LRB correction.

02/07/2006 In Senate; Senate substitute amendment 1 offered by Senator Olsen.

 

Sponsor Information:

Luther S. Olsen (R-Majority)

 

Sponsor:

Olsen

 

 


 

Regulatory Report

 

 

Oklahoma

Title:

MEDICAL PROVIDERS-FEE FOR SERVICE

 

 

Agency:

Health Care Authority

 

 

Summary:

 

Rules are revised to set out guidelines for electronic medical records and signatures. In accordance with the Uniform Electronic Transaction Act, electronic transactions can be conducted between parties which have agreed to conduct transactions by electronic means. The revised rules establish guidelines to be followed when utilizing electronic methods.

 

 

Agency Contact:

Joanne Terlizzi, Director, Policy Development, 405-522-7272.

 

 

Citation:

 

317:30

 

 

Status:

01/17/2006 Notices of Rulemaking Intent

 

Comment Deadline:

02/16/2006