Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

02/08/2006 - 02/15/2006

 

 

 

New Legislative Entries

 

California A.B. 1994

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.B.+1994

 

Category:

Medical Records Privacy

 

Last Action:

02/09/2006 INTRODUCED.

 

Synopsis:

Relates to existing law authorizing any adult patient of a health care provider, any minor patient authorized by law to consent to medical treatment, and any patient representative, to be entitled to inspect patient records. Exempts health care providers from liability for making the decision as to whether a minor's records are available for inspection.

 

Additional Information:

Digest, as introduced 2/9/06:

 

Existing law, with specified exceptions, authorizes any adult patient of a health care provider, any minor patient authorized by law to consent to medical treatment, and any patient representative, to be entitled to inspect patient records, upon presenting to the health care provider a written request for those records, and payment of reasonable clerical costs incurred in locating and making the records available. Under existing law, the representative of a minor patient is not entitled to inspect or obtain copies of the minor's patient records under certain circumstances, including when the minor' s health care provider determines that access to the requested patient records would be detrimental to the provider's professional relationship with the minor patient or the minor's physical safety or psychological well-being. Existing law exempts the health care provider from liability for making the decision as to whether the minor's records are available for inspection, except in cases of bad faith.

 

This bill would specify that the exemption from liability would also apply with respect to a health care provider's decision whether to make the minor patient's records available for copying.

 

Status:

02/09/2006 INTRODUCED.

 

Sponsor Information:

Tim Leslie (R - Minority)

Committees: Assembly Committee on Higher Education (Vice Chair); Assembly Committee on Judiciary; Assembly Select Committee on Gun Violence Prevention; Joint Committee on Legislative Audit; Serving since 2000

 

Sponsor:

Leslie

 

 

 

Florida H.B. 1017

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+H.B.+1017

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 PREFILED.

 

Synopsis:

Relates to life-sustaining treatment form; requires DOH to create physician orders for life-sustaining treatment (POLST) form; requires form to be completed by licensed health care professional and signed by specified parties; provides circumstances in which form may be revoked; authorizes certain future revisions to form; requires completed form to be part of principal's medical record; requires DOH to place form on department's Internet website.

 

Additional Information:

Preface, as prefiled 2/7/06:

 

WHEREAS, seriously ill patients should be able to communicate their wishes regarding medical treatment as they move from one care setting to another, and

 

WHEREAS, the wishes expressed by an advance directive may in some cases not be honored due to the unavailability of completed forms or a health care professional's inability to quickly translate the language of the document into orders for treatment of specific medical conditions, and

 

WHEREAS, health care professionals caring for patients in various settings may in good faith initiate or withhold treatments contrary to the desires of the patient if the patient's wishes are not readily available to the treating health care professionals, and

 

WHEREAS, physician orders for life-sustaining treatment (POLST) forms are designed to help health care professionals honor the treatment wishes of their patients and are now available in many states, and

 

WHEREAS, in order to document a patient's wishes for life-sustaining treatment in the form of physicians' orders, streamline the transfer of patient records between facilities, clarify treatment intentions, and minimize confusion about patient preferences, a standardized POLST form shall be implemented in the state, NOW, THEREFORE, ...

 

Status:

02/07/2006 PREFILED.

 

Sponsor Information:

Ed Homan (R - Majority)

Committees: House Council on Health & Families (Vice Chair); Joint Committee on Legislative Auditing; Serving since 2002

 

Sponsor:

Homan

 

 

 

Florida S.B. 1798

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+S.B.+1798

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 PREFILED.

 

Synopsis:

Relates to independent living transition services; provides that children placed with court-approved nonrelative are eligible for said services; requires DCFS to incorporate authority of foster parents and caregivers to approve age-appropriate activities into written plan; provides for Educational and Training Vouchers Program to replace Road-to- Independence Program; provides that young adults receiving independent living transition services are eligible.

 

Additional Information:

As prefiled 2/7/06:

 

... (4) A child who is eligible under Title IV-E of the Social Security Act for subsidized board payments, foster care, or adoption subsidies, and a child for whom the state has assumed temporary or permanent responsibility and who does not qualify for Title IV-E assistance but is in foster care, shelter or emergency shelter care, or subsidized adoption. This category includes ANY YOUNG ADULT a child who IS ELIGIBLE TO RECEIVE SERVICES UNDER S. 409.1451(5), UNTIL THE YOUNG ADULT REACHES THE AGE OF 21, WITHOUT REGARD TO ANY INCOME, RESOURCE, OR CATEGORICAL ELIGIBILITY TEST THAT IS OTHERWISE REQUIRED. IF THE YOUNG ADULT HAS OTHER HEALTH INSURANCE COVERAGE, HE OR SHE IS NOT ELIGIBLE FOR PAYMENTS FOR MEDICAL ASSISTANCE UNDER THIS SECTION. THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE AGENCY NO LATER THAN 10 DAYS AFTER IT OPENS A CASE FOR CHILD WELFARE SERVICES IN THE HOMESAFENET SYSTEM FOR A MEDICAID RECIPIENT. IF THE RECIPIENT IS A MEMBER OF A MEDICAID PREPAID HEATH PLAN, THE AGENCY SHALL NOTIFY THE PREPAID HEALTH PLAN WITHIN 10 DAYS. WHENEVER A CHILD IS UNDER THE SUPERVISION OR CARE AND CUSTODY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND IS RECEIVING HEALTH CARE BENEFITS UNDER MEDICAID, THE AGENCY SHALL MAKE AVAILABLE ALL HEALTH CARE RECORDS, INCLUDING BEHAVIORAL HEALTH AND ALL PRESCRIPTION DRUGS, ON A CONTINUOUS BASIS AND NO LESS THAN DAILY. THE AGENCY SHALL MAKE THESE RECORDS AVAILABLE IN AN ELECTRONIC FORMAT TO ENABLE THE DEPARTMENT AND A COMMUNITY-BASED CARE LEAD AGENCY TO CREATE AN ELECTRONIC HEALTH RECORD FOR EACH CHILD IN THE DATABASE OF THEIR CHOICE AND HAVE IT REFRESHED MINIMALLY EVERY 24 HOURS. THE AGENCY IS NOT REQUIRED TO MAKE THIS INFORMATION AVAILABLE IN MULTIPLE FORMATS, BUT MUST BE IN A FORMAT THAT IS SUFFICIENT FOR THE DEPARTMENT AND A COMMUNITY-BASED CARE LEAD AGENCY TO USE IN CREATING THE ELECTRONIC MEDICAL HEALTH RECORD. was eligible under Title IV-E of the Social Security Act for foster care or the state-provided foster care, who exited foster care due to attaining the age of 18 years, and who has been awarded a Road-to-Independence Scholarship. ...

 

Status:

02/07/2006 PREFILED.

 

Sponsor Information:

Nan Rich (D - Minority)

Committees: Senate Committee on Children and Families (Chair); Senate Committee on Ethics and Elections (Vice Chair); Senate Committee on Health Care; Senate Committee on Health and Human Services Appropriations; Senate Select Committee on Medicaid Reform; Serving since 2004

 

Sponsor:

Rich

 

 

 

Hawaii H.B. 2902

 

Full Text Link:

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

 

Category:

Pricing

 

Last Action:

02/09/2006 To HOUSE Committee on JUDICIARY.

 

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:

As in House Draft, 2/9/06:

 

... SECTION 2. Section 622-56, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

 

"(a) All copies of medical records requested under this part shall be paid for by the person, board, commission, or tribunal requesting such records. The REASONABLE cost shall be based on the actual cost of preparation. NOT MORE THAN A TOTAL OF $ FOR ANY NUMBER OF PAGES UP TO THE FIRST FIFTY PAGES AND NOT MORE THAN CENTS FOR EACH PAGE IN EXCESS OF FIFTY PAGES. " ...

 

Status:

01/25/2006 INTRODUCED.

01/30/2006 To HOUSE Committee on HEALTH.

02/06/2006 From HOUSE Committee on HEALTH: Do pass as amended.

02/09/2006 In HOUSE. Read second time. Committee amendment adopted. House Draft 1.

02/09/2006 To HOUSE Committee on JUDICIARY.

 

Sponsor Information:

Sylvia K Luke (D - Majority)

 

Sponsor:

Luke

 

 

 

Iowa H.B. 2312

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=IA+H.B.+2312

 

Category:

Medical Records Privacy

 

Last Action:

02/08/2006 To HOUSE Committee on HUMAN RESOURCES.

 

Synopsis:

Relates to electronic health records.

 

Additional Information:

Digest, as introduced 2/8/06:

 

... This bill provides for the incremental implementation of an electronic health records system by various populations in the state. The bill defines "electronic health record" as a secure, interoperable, electronic collection of a person's episodic and longitudinal health information based upon interactions across multiple health care delivery organizations, that is web-based, allows for real-time transaction processing, and is accessed via a portal with appropriate authorization and in a manner that complies with all state and federal health record requirements.

 

The bill provides the purposes of the chapter, establishes an electronic health records system council consisting of public members, representatives of state agencies and institutions, and members of the general assembly and specifies the duties of the council.

 

The bill establishes a schedule for implementing the use of electronic health records as follows:

 

for IowaCare expansion population members, by December 31, 2006; for state employees, by December 31, 2007; for residents, patients, or inmates of state institutions, by June 30, 2007; for medical assistance program recipients, by June 30, 2008; and for hawk-i program recipients, by December 31, 2008.

 

The bill also prescribes standards and limitations applicable to any electronic health records system created, implemented, or administered under the new Code chapter.

 

Status:

02/08/2006 INTRODUCED.

02/08/2006 To HOUSE Committee on HUMAN RESOURCES.

 

Sponsor Information:

Danny C Carroll (R - Majority) (Speaker Pro Tem)

Committees: House Committee on Administration and Rules; House Committee on Education; House Committee on Human Resources; House Committee on Judiciary; House Committee on Ways and Means; Serving since 1994

 

Sponsor:

Carroll

 

 

 

Iowa H.S.B. 666

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=IA+H.S.B.+666

 

Category:

Medical Records Privacy

 

Last Action:

02/09/2006 To HOUSE Committee on JUDICIARY.

 

Synopsis:

Relates to a request for certain health records by a party in a civil action where a party's health condition is an element or factor in the claim or defense of the action; provides for fees.

 

Additional Information:

Digest, as introduced 2/9/06:

 

This bill relates to a request for certain health records by a party in a civil action where a party's health condition is an element or factor in the claim or defense of the action.

 

The bill provides that upon written request from a party or a party's representative accompanied by a legally sufficient patient's waiver, copies of requested health care records or diagnostic images of a party in a civil action shall be provided by a physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional to the party or the party's representative within 30 days of receipt of the written request. A fee shall be charged for the cost of producing such copies, but the fee shall not exceed certain amounts depending upon the nature of the record and the production costs involved. The bill also provides that, if applicable, reasonable and actual costs of postage or delivery charges shall be allowed.

 

The bill provides that fees charged are not subject to a sales or use tax. A physician or surgeon, physician assistant, advanced registered nurse practitioner, or mental health professional may require payment in advance if the copies are requested in writing and fees are itemized.

 

Status:

02/09/2006 INTRODUCED.

02/09/2006 To HOUSE Committee on JUDICIARY.

 

Sponsor Information:

House Committee on Judiciary (9 Democrats, 12 Republicans)

Chair: Kraig Paulsen (R)

Vice Chair: O. Gene Maddox (R)

Dwayne Arlan Alons (R); Richard Anderson (R); Deborah L Berry (D); Carmine Boal (R); Danny C Carroll (R); George Eichhorn (R); Ro Foege (D); David E Heaton (R); Joe Hutter (R); Pam Jochum (D); Jeff Kaufmann (R); Vicki Lensing (D); Rick Olson (D); Mark D Smith (D); Kurt Swaim (D); Jodi Tymeson (R); Jim Van Fossen (R); Beth Wessel-Kroeschell (D); Cindy Winckler (D)

 

Sponsor:

Judiciary

 

 

 

Maine L.R. 3093

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=ME+L.R.+3093

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 Assigned House Paper number 1396 and LD 1994.

 

Synopsis:

Concerns preservation of patient records.

 

Additional Information:

Full text not yet available.

 

Status:

02/07/2006 FILED.

02/07/2006 Assigned House Paper number 1396 and LD 1994.

 

Sponsor Information:

William J Smith (D - Majority)

Committees: Joint Committee on Labor (Chair); Serving since 2000

 

Sponsor:

Smith W

 

 

 

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 In House; First Reading 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:

As introduced 2/6/06:

 

(b) A health care provider shall disclose a medical record without the authorization of a person in interest:

 

(11) TO AN EMPLOYER OR INSURER, AN 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. ...

 

Status:

02/06/2006 In House; First Reading 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

 

 

 

Maryland H.B. 1389

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MD+H.B.+1389

 

Category:

Pricing

 

Last Action:

02/10/2006 To HOUSE Committee on HEALTH AND GOVERNMENT OPERATIONS.

 

Synopsis:

Authorizes a health care provider to charge a fee for the disclosure of a medical record for a specified investigation; prohibits a health care provider from charging a government unit or agency a fee for the disclosure of a medical record for a specified investigation.

 

Additional Information:

As introduced 2/10/06:

 

... (5) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, A HEALTH CARE PROVIDER MAY CHARGE A FEE FOR THE RETRIEVAL, COPYING, PREPARATION, MAILING, AND ACTUAL COST OF POSTAGE AND HANDLING OF A MEDICAL RECORD DISCLOSED UNDER SECTION 4-306 OF THIS SUBTITLE.

 

(II) IF A GOVERNMENT UNIT OR AGENCY MAKES A REQUEST FOR THE DISCLOSURE OF A MEDICAL RECORD UNDER SECTION 4-306 OF THIS SUBTITLE, A HEALTH CARE PROVIDER MAY NOT CHARGE THE GOVERNMENT UNIT OR AGENCY A FEE FOR THE RETRIEVAL, COPYING, PREPARATION, MAILING, AND ACTUAL COST OF POSTAGE AND HANDLING OF THE MEDICAL RECORD. ...

 

Status:

02/10/2006 INTRODUCED.

02/10/2006 To HOUSE Committee on HEALTH AND GOVERNMENT OPERATIONS.

 

Sponsor Information:

Kumar P Barve (D - Majority) (Majority Leader)

Committees: House Committee on Consent Calendars (Chair); House Committee on Environmental Matters; Joint Committee on Spending Affordability; Joint Committee on Technology Oversight; Joint Legislative Policy Committee; Serving since 1990

 

Sponsor:

Barve

 

 

 

Maryland S.B. 802

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MD+S.B.+802

 

Category:

Medical Records Privacy

 

Last Action:

02/03/2006 To SENATE Committee on FINANCE.

 

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:

As introduced 2/3/06:

 

(b) A health care provider shall disclose a medical record without the authorization of a person in interest:

 

(11) TO AN EMPLOYER OR INSURER, AN 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. ...

 

Status:

02/03/2006 INTRODUCED.

02/03/2006 To SENATE Committee on FINANCE.

 

Sponsor Information:

Allan H Kittleman (R - Minority)

Committees: Senate Committee on Education; Serving since 2004

 

Sponsor:

Kittleman

 

 

 

Missouri S.B. 1041

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MO+S.B.+1041

 

Category:

Medical Records Privacy

 

Last Action:

02/13/2006 INTRODUCED.

 

Synopsis:

Relates to obtaining, receiving and selling personal health information.

 

Additional Information:

As introduced 2/13/06:

 

... Section A. Chapter 570, RSMo, is amended by adding thereto one new section, to be known as section 570.350, to read as follows:

 

570.350. 1. A PERSON COMMITS THE CRIME OF OBTAINING, RECEIVING, OR SELLING PERSONAL HEALTH INFORMATION WITHOUT CONSENT IF SUCH PERSON:

 

(1) KNOWINGLY PROCURES, ATTEMPTS TO PROCURE, SOLICITS, OR CONSPIRES WITH ANOTHER TO PROCURE THE PERSONAL HEALTH INFORMATION OF ANY RESIDENT OF THIS STATE WITHOUT AUTHORIZATION OF THE PERSON TO WHOM THE PERSONAL HEALTH INFORMATION PERTAINS; OR

 

(2) BY FRAUDULENT, DECEPTIVE, OR FALSE MEANS:

 

(A) KNOWINGLY SELLS, OR ATTEMPTS TO SELL, A PERSONAL HEALTH INFORMATION RECORD OF ANY RESIDENT OF THIS STATE WITHOUT THE AUTHORIZATION OF THE PERSON TO WHOM THE RECORD PERTAINS; OR

 

(B) RECEIVES A PERSONAL HEALTH INFORMATION RECORD OF ANY RESIDENT OF THIS STATE KNOWING THAT SUCH RECORD HAS BEEN OBTAINED WITHOUT THE AUTHORIZATION OF THE PERSON TO WHOM THE RECORD PERTAINS OR BY FRAUDULENT, DECEPTIVE, OR FALSE MEANS. ...

 

Status:

02/13/2006 INTRODUCED.

 

Sponsor Information:

Michael R Gibbons (R - Majority) (President Pro Tem)

Committees: Senate Committee on Administration (Chair); Senate Committee on Gubernatorial Appointments (Chair); Senate Committee on Pensions and General Laws; Senate Committee on Rules; Serving since 2000

 

Sponsor:

Gibbons

 

 

 

New York S.B. 6690

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+S.B.+6690

 

Category:

Medical Records Privacy

 

Last Action:

02/09/2006 To SENATE Committee on HEALTH.

 

Synopsis:

Protects the confidentiality of medical records which may be the target of theft, improper inspection, acquisition or trafficking; prohibits the unauthorized access to medical records; outlines the requirements for a valid authorization or consent for the release of health care information; provides that authorization or consent for the release of health care information.

 

Additional Information:

Summary, as introduced 2/9/06:

 

This bill outlines the requirements for a valid authorization or consent for the release of health care information. Currently, authorization forms, when used, are blanket waivers, allowing any and all records to be released. Under the proposal, the authorization or consent form would limit the scope of the information that can be released. It shall be in writing, dated, and contain information identifying the patient; specify the person to whom the information is to be disclosed; explain the need for and the proposed use of the information; indicate the time period such authorization shall remain valid; and, advise the person signing the authorization of his/her right to obtain a copy of the authorization or consent. A provider of medical records who relies in good faith on an authorization or consent for release of the information that conforms on its face to the requirements of this section would not be liable for improp- er disclosure that arises from the reliance. Any person who without authorization or with a false or fraudulent authorization or consent form knowingly obtains a medical record or medical information with the intent to use the information for his or her own use or another or who discloses to an unauthorized person a medical record or information or who, without authority, makes or causes to be made a copy of a medical record or information is guilty of a class E felony punishable by a fine of not less than one thousand dollars nor more than five thousand dollars or by a term of imprisonment not to exceed one year or both. Finally, the bill provides for minimum security standards for medical information which is in computer-retrievable form as the computerization of health care information creates easy opportunities for both authorized and unauthorized people to compile, maintain, access, transfer and modify data with or without permission. Thus, the potential vulnerability of medical data to large scale intrusion is significantly increased in such an environment.

 

Status:

02/09/2006 INTRODUCED.

02/09/2006 To SENATE Committee on HEALTH.

 

Sponsor Information:

William J Larkin (R - Majority)

Committees: Senate Committee on Commerce; Senate Committee on Elections; Senate Committee on Finance; Senate Committee on Health; Senate Committee on Insurance; Senate Committee on Racing (Chair); Serving since 1990

 

Sponsor:

Larkin

 

 

 

Ohio H.B. 502

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OH+H.B.+502

 

Category:

Pricing

 

Last Action:

02/07/2006 To HOUSE Committee on RULES AND REFERENCE.

 

Synopsis:

Allows an authorized person to obtain one copy of a patient's medical record without charge.

 

Additional Information:

As introduced 2/7/06:

 

... (C)(1) A ON REQUEST, A health care provider or medical records company shall provide one copy OF THE PATIENT'S MEDICAL RECORD AND ONE COPY OF ANY RECORDS REGARDING TREATMENT PERFORMED SUBSEQUENT TO THE ORIGINAL REQUEST, NOT INCLUDING COPIES OF RECORDS ALREADY PROVIDED, without charge to the following:

 

(a) The bureau of workers' compensation, in accordance with Chapters 4121. and 4123. of the Revised Code and the rules adopted under those chapters;

 

(b) The industrial commission, in accordance with Chapters 4121. and 4123. of the Revised Code and the rules adopted under those chapters;

 

(c) The department of job and family services, in accordance with Chapter 5101. of the Revised Code and the rules adopted under those chapters;

 

(d) The attorney general, in accordance with sections 2743.51 to 2743.72 of the Revised Code and any rules that may be adopted under those sections;

 

(e) A patient or , patient's personal representative , OR AUTHORIZED PERSON if the medical record is necessary to support a claim under Title II or Title XVI of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the request is accompanied by documentation that a claim has been filed. ...

 

Status:

02/07/2006 INTRODUCED.

02/07/2006 To HOUSE Committee on RULES AND REFERENCE.

 

Sponsor Information:

Peter Ujvagi (D - Minority)

Committees: House Committee on Finance and Appropriations; House Committee on Local and Municipal Government and Urban Revitalization; House Committee on Ways and Means; Serving since 2002

 

Sponsor:

Ujvagi

 

 

 

Tennessee H.B. 2784

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=TN+H.B.+2784

 

Category:

Medical Records Privacy

 

Last Action:

02/13/2006 INTRODUCED.

 

Synopsis:

Concerns Evidence; eliminates need to identify at trial medical records that are certified by the custodian.

 

Additional Information:

As introduced 2/13/06:

 

... (b) Medical records or reproductions thereof, when duly certified by their custodian, physician, physical therapist or chiropractor, need not be identified at the trial and may be used in any manner in which records identified at the trial by such persons could be used. The records shall be accompanied by a statement signed by such person containing the following information:

 

(1) That such person has authority to certify the records;

 

(2) That the copy is a true copy of all the records described in the subpoena; and

 

(3) That the records were prepared by the personnel of the company acting under the control of the company, in the ordinary course of business.

 

(c) When records or reproductions thereof are used at trial pursuant to this section, the party desiring to use such records or reproductions thereof in evidence shall serve the opposing party with a copy of such records or reproductions thereof no later than sixty (60) days before the trial with notice that such records or reproductions thereof may be offered in evidence, notwithstanding any other rules or statutes to the contrary. ...

 

Status:

02/13/2006 INTRODUCED.

 

Sponsor Information:

Chris J Clem (R - Minority)

Committees: House Committee on Agriculture; House Committee on Consumer and Employee Affairs; Serving since 2000

 

Sponsor:

Clem

 

 

United States H.R. 4726

Category:

Pricing

 

Sponsor:

Issa

 

Sponsor Comments

Darrell Issa (R-CA) Committees: Government Reform, International Relations, Judiciary. Serving since 2000.

 

Date Introduced:

02/08/06

 

Last Action:

02/08/2006 Referred to the House Committee on Energy and Commerce.

 

Status:

02/08/2006 Referred to the House Committee on Energy and Commerce.

 

Actions:

02/08/2006 Introduced in the House

02/08/2006 Referred to the House Committee on Energy and Commerce.

 

Synopsis:

A bill to enhance the adoption of a nationwide interoperable health information technology system and to improve the quality and reduce the costs of health care in the United States

 


 

Movement Legislative Entries

 

 

Alabama S.B. 16

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=AL+S.B.+16

 

Category:

Medical Records Privacy

 

Last Action:

02/14/2006 Read for the second time and placed on the calendar 0 8 0 Pending third reading on day 12 Favorable from Judiciary

 

Synopsis:

Under existing law, the original of certain business records may be admitted into evidence under certain circumstances. Under existing law, certain medical records may be admitted into evidence with certification by the custodian of records. This bill would amend current law regarding the admissibility of certain business records by permitting copies to be admitted under certain circumstances and by permitting the custodian of records to submit an affidavit regarding the records. This bill would authorize the admission into evidence of certain medical bills by the testimony of the patient or other person responsible for the care of the patient under certain circumstances.

 

Additional Information:

Language as Introduced on January 10, 2006:

 

Section 1. Section 12-21-43, Code of Alabama 1975, is amended to read as follows:

 

Section 12-21-43.

 

" (A) Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence , or event, shall be admissible in evidence in proof of said THE act, transaction , or event if it was made in the regular course of any business and it was the regular course of the business to make such memorandum or record at the time of such act, transaction, occurrence , or event, or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but they shall not affect its admissibility. The term, "business" shall include a business, profession, occupation , and calling of every kind.

 

" (B) ANY BUSINESS RECORDS, INCLUDING MEDICAL RECORDS, REPRODUCED IN THE ORDINARY COURSE OF BUSINESS, BY ANY PROCESS THAT ACCURATELY REPRODUCES OR FORMS A DURABLE MEDIUM FOR SO REPRODUCING THE ORIGINAL SHALL BE ADMISSIBLE AS BUSINESS RECORDS, SUBJECT TO SUBSTANTIVE OR PROCEDURAL OBJECTIONS, IN ANY COURT OF THIS STATE, UPON AN AFFIDAVIT OF THE PERSON SERVING AS THE CUSTODIAN OF RECORDS, OR ANY OTHER PERSON WHO CAN ATTEST THE RECORDS SO ATTACHED WERE KEPT IN THE NORMAL ORDINARY COURSE OF BUSINESS.

 

" (C) NO PARTY MAY OFFER SUCH BUSINESS RECORDS INTO EVIDENCE UNDER THIS SECTION UNLESS ALL OTHER PARTIES TO THE ACTION HAVE BEEN PROVIDED WITH COPIES OF THE RECORDS AND AFFIDAVIT AT LEAST 30 DAYS PRIOR TO THE TRIAL IN WHICH THE RECORDS ARE BEING OFFERED. "

 

Section 2. (a) Notwithstanding any provision of law to the contrary, medical bills, including, but not limited to, those demonstrating expenses related to care by a hospital, licensed chiropractor, dentist, orthodontist, podiatrist, psychologist, or any other medical physician's bill which was incurred due to the illness, disease, or injury that is the subject of the action or related directly to the action, shall be admitted upon the testimony of the person responsible for the care of the patient, or upon affidavit of the person serving as the custodian of said records, that the bill was incurred in connection with the treatment of the illness, disease, or injury subject to or related to the action. The person responsible for the care of the patient may also testify by way of affidavit as to the reasonableness of the medical bills and the necessity of care covered in the medical bills.

 

(b) Medical bills admitted pursuant to subsection (a) are not required to be identified by the creator of the bill.

 

(c) No party may offer medical bills into evidence under this section unless all other parties to the action have been provided with copies of the bills at least 30 days prior to the trial in which the bills are being offered.

 

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

 

 

 

Status:

01/10/2006 Read for the first time and referred to the Senate committee on Judiciary

02/14/2006 Read for the second time and placed on the calendar 0 8 0 Pending third reading on day 12 Favorable from Judiciary

 

Sponsor Information:

Bradley Byrne (R - Minority)

 

Sponsor:

Byrne

 

 

 

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:

02/07/2006 In House; Second Read

 

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:

02/06/2006 In House; First Read; Assigned to HOUSE COMMERCE Committee; Assigned to HOUSE RULES Committee

02/07/2006 In House; Second Read

 

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

 

 

 

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:

02/08/2006 In Senate; Third Read PASSED; Transmitted to HOUSE

 

Synopsis:

Concerns the State Dental Board.

 

Additional Information:

As engrossed, 2/8/06:

 

... Sec. 6. 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 PLACE OF PRACTICE 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

02/08/2006 In Senate; Third Read PASSED; Transmitted to HOUSE

 

Sponsor Information:

John Allen (R - Majority)

 

Sponsor:

Allen

 

 

 

Florida S.B. 176

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 In Senate; On Committee agenda-- Criminal Justice, 02/15/06

 

Synopsis:

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

 

Additional Information:

Language as Prefiled on September 12, 2005:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Status:

09/12/2005 In Senate; Filed

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

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

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

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

02/07/2006 In Senate; On Committee agenda-- Criminal Justice, 02/15/06

 

Sponsor Information:

Burt L. Saunders (R-Majority)

 

Sponsor:

Saunders

 

 

 

Florida S.B. 1332

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 In Senate; On Committee agenda-- Health Care, 02/15/06

 

Synopsis:

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

 

Additional Information:

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

 

Status:

01/10/2006 In Senate; Filed

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

02/07/2006 In Senate; On Committee agenda-- Health Care, 02/15/06

 

Sponsor Information:

Mike Fasano (R - Majority)

 

Sponsor:

Fasano

 

 

 

Florida S.B. 1408

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/13/2006 In Senate; Referred to Health Care Bills

 

Synopsis:

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

 

Additional Information:

Language as Prefiled on January 13, 2006:

 

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

 

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

 

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

 

(B) OBTAINS MEDICAL RECORDS FROM A RECORDS OWNER.

 

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

 

Status:

01/13/2006 In Senate; SPB 7060 submitted as a committee bill (SB 1408) by Health Care; Filed

02/13/2006 In Senate; Referred to Health Care Bills

 

Sponsor Information:

Senate Committee on Health, Aging and Long-Term Care

 

Sponsor:

Senate Committee on Health, Aging and Long-Term Care

 

 

 

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:

02/08/2006 In Senate; Read and Referred

 

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 amended 2/6/06:

 

...(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

02/08/2006 In Senate; Read and Referred

 

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:

02/14/2006 In Senate; Received from House (Hse. Com. No. 22).; Passed First Reading.; Deferred One Day 02-15-06.

 

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.

02/10/2006 In House; Reported from the committee on Consumer Protection & Commerce (Standing Committee Report No. 258-06), recommending passage on Second Reading and placement on the calendar for Third Reading.; Passed Second Reading; placed on the calendar for Third Reading with none voting no (0) and Representative(s) Arakaki, Cabanilla, Saiki, Schatz, Takamine excused (5).

02/13/2006 In House; Passed Third Reading with none voting no (0) and Takai excused (1).; Transmitted to Senate.

02/14/2006 In Senate; Received from House (Hse. Com. No. 22).; Passed First Reading.; Deferred One Day 02-15-06.

 

Sponsor Information:

Calvin K Y Say (D - Majority)

 

Sponsor:

Say

 

 

 

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:

02/13/2006 In Senate; The committee(s) on Health recommend(s) that the measure be PASSED, UNAMENDED. The votes were as follows: 3 Aye(s); 0 No(es); 2 Excused.

 

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.

02/13/2006 In Senate; The committee(s) on Health recommend(s) that the measure be PASSED, UNAMENDED. The votes were as follows: 3 Aye(s); 0 No(es); 2 Excused.

 

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:

02/10/2006 In Senate; The committee(s) on Committee on Commerce, Consumer Protection & Housing deferred the measure until 02-16-06.

 

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.

02/09/2006 In Senate; The committee(s) on Committee on Commerce, Consumer Protection & Housing deferred the measure until 02-14-06.

02/10/2006 In Senate; The committee(s) on Committee on Commerce, Consumer Protection & Housing deferred the measure until 02-16-06.

 

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:

02/14/2006 In Senate; Reported from Health (Standing Committee Report No. 2048) with recommendation of passage on Second Reading and referral to Judiciary & Hawaiian Affairs.; Report adopted; Passed Second Reading and referred to Judiciary & Hawaiian Affairs.

 

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.

02/08/2006 In Senate; The committee(s) on Health deferred the measure until 02-10-06.

02/10/2006 In Senate; The committee(s) on Health recommend(s) that the measure be PASSED, UNAMENDED. The votes were as follows: 3 Aye(s); 0 No(es); 2 Excused.

02/14/2006 In Senate; Reported from Health (Standing Committee Report No. 2048) with recommendation of passage on Second Reading and referral to Judiciary & Hawaiian Affairs.; Report adopted; Passed Second Reading and referred to Judiciary & Hawaiian Affairs.

 

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:

02/09/2006 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading February 14, 2006

 

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

02/07/2006 In Senate; Senate Committee Amendment No. 1 Adopted

02/08/2006 In Senate; Do Pass as Amended Judiciary ; 009-000-000; Placed on Calendar Order of 2nd Reading February 9, 2006

02/09/2006 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading February 14, 2006

 

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:

02/14/2006 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading February 15, 2006

 

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

02/08/2006 In Senate; Do Pass Health & Human Services ; 011-000-000; Placed on Calendar Order of 2nd Reading February 9, 2006; Added as Chief Co-Sponsor Sen. Mattie Hunter

02/14/2006 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading February 15, 2006

 

Sponsor Information:

James F Clayborne (D - Majority)

 

Sponsor:

Clayborne

 

 

 

Kentucky H.B. 190

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=KY+H.B.+190

 

Category:

Pricing

 

Last Action:

02/13/2006 posted in committee

 

Synopsis:

This bill provides that no more than the actual cost of postage for furnishing a first copy or any subsequent copy of the patient's medical record may be charged to the patient's attorney or the patient's authorized representative if the record is mailed to that attorney or representative. No more than the actual cost of postage for furnishing a second or subsequent copy of the patient's medical record may be charged to the patient if the record is mailed to the patient. No postage shall be charged to the patient for a first copy of the record if the record is mailed to the patient. No administrative, location, third-party, or other fee not otherwise specified in this subsection shall be charged for furnishing any copy of a medical record. No postage shall be charged to the patient, the patient's attorney, or the patient's authorized representative if the medical record is retrieved by the patient, attorney, or representative at the hospital or office of the health care provider.

 

Additional Information:

Language as Introduced on January 3, 2006:

 

Section 1. KRS 422.317 is amended to read as follows:

 

(1) (A) Upon a patient's written request, a hospital licensed under KRS Chapter 216B or a health care provider shall provide, without charge to the patient, a copy of the patient's medical record. A copying fee, not to exceed one dollar ($ 1) per page, may be charged by the health care provider for furnishing a second copy of the patient's medical record upon request either by the patient or the patient's attorney or the patient's authorized representative.

 

(B) NO MORE THAN THE ACTUAL COST OF POSTAGE FOR FURNISHING A FIRST COPY OR ANY SUBSEQUENT COPY OF THE PATIENT'S MEDICAL RECORD MAY BE CHARGED TO THE PATIENT'S ATTORNEY OR THE PATIENT'S AUTHORIZED REPRESENTATIVE IF THE RECORD IS MAILED TO THAT ATTORNEY OR REPRESENTATIVE.

 

(C) NO MORE THAN THE ACTUAL COST OF POSTAGE FOR FURNISHING A SECOND OR SUBSEQUENT COPY OF THE PATIENT'S MEDICAL RECORD MAY BE CHARGED TO THE PATIENT IF THE RECORD IS MAILED TO THE PATIENT. NO POSTAGE SHALL BE CHARGED TO THE PATIENT FOR A FIRST COPY OF THE RECORD IF THE RECORD IS MAILED TO THE PATIENT.

 

(D) NO ADMINISTRATIVE, LOCATION, THIRD-PARTY, OR OTHER FEE NOT OTHERWISE SPECIFIED IN THIS SUBSECTION SHALL BE CHARGED FOR FURNISHING ANY COPY OF A MEDICAL RECORD UNDER THIS SECTION.

 

(E) NO POSTAGE SHALL BE CHARGED TO THE PATIENT, THE PATIENT'S ATTORNEY, OR THE PATIENT'S AUTHORIZED REPRESENTATIVE IF THE MEDICAL RECORD IS RETRIEVED BY THE PATIENT, ATTORNEY, OR REPRESENTATIVE AT THE HOSPITAL OR OFFICE OF THE HEALTH CARE PROVIDER.

 

(2) The Department of Corrections shall not be considered as a health care provider under this section; however, the department may make medical records of an individual inmate available to that individual inmate unless the department, through its designee, determines that the provision of the record is subject to the provisions of KRS 197.025.

 

Status:

01/03/2006 introduced in House

01/04/2006 In House; to Health and Welfare

02/13/2006 posted in committee

 

Sponsor Information:

Stan Lee (R - Minority)

 

Sponsor:

Lee S

 

 

 

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:

02/07/2006 In House; to Health and Welfare

 

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 in House

02/07/2006 In House; to Health and Welfare

 

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

 

 

 

Michigan H.B. 4606

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MI+H.B.+4606

 

Category:

Medical Records Privacy

 

Last Action:

02/14/2006 Expected in SJ 13 REPORTED FAVORABLY WITHOUT AMENDMENT; Expected in SJ 13 REFERRED TO COMMITTEE OF THE WHOLE

 

Synopsis:

Allows year-round posting of school session signage.

 

Additional Information:

Language as Reprint on October 26, 2005:

 

Sec. 20201. (1) A health facility or agency that provides services directly to patients or residents and is licensed under this article shall adopt a policy describing the rights and responsibilities of patients or residents admitted to the health facility or agency. Except for a licensed health maintenance organization which shall comply with chapter 35 of the insurance code of 1956, 1956 PA 218, MCL 500.3501 to 500.3580, the policy shall be posted at a public place in the health facility or agency and shall be provided to each member of the health facility or agency staff. Patients or residents shall be treated in accordance with the policy.

 

(2) The policy describing the rights and responsibilities of patients or residents required under subsection (1) shall include, as a minimum, all of the following:

 

(a) A patient or resident shall not be denied appropriate care on the basis of race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or source of payment.

 

(b) An individual who is or has been a patient or resident is entitled to inspect, or receive for a reasonable fee, a copy of his or her medical record upon request IN ACCORDANCE WITH THE MEDICAL RECORDS ACCESS ACT, 2004 PA 47, MCL 333.26261 TO 333.26271 . A EXCEPT AS OTHERWISE PERMITTED OR REQUIRED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, PUBLIC LAW 104-191, OR REGULATIONS PROMULGATED UNDER THAT ACT, 45 CFR PARTS 160 AND 164, A third party shall not be given a copy of the patient's or resident's medical record without prior authorization of the patient or resident.

 

(c) A patient or resident is entitled to confidential treatment of personal and medical records, and may refuse their release to a person outside the health facility or agency except as required because of a transfer to another health care facility , or as required by law or third party payment contract , OR AS PERMITTED OR REQUIRED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, PUBLIC LAW 104-191, OR REGULATIONS PROMULGATED UNDER THAT ACT, 45 CFR PARTS 160 AND 164 .

 

Status:

04/13/2005 In House; referred to Committee on Health Policy

10/18/2005 In House; reported with recommendation with substitute H-1; referred to second reading

10/25/2005 In House; substitute H-1 adopted; placed on third reading

10/26/2005 In House; passed; given immediate effect Roll Call # 537 Yeas 107 Nays 0

10/27/2005 In Senate; REFERRED TO COMMITTEE ON HEALTH POLICY

02/14/2006 Expected in SJ 13 REPORTED FAVORABLY WITHOUT AMENDMENT; Expected in SJ 13 REFERRED TO COMMITTEE OF THE WHOLE

 

Sponsor Information:

John P. Stakoe (R-Majority)

 

Sponsor:

Stakoe

 

 

 

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:

02/10/2006 In House; Referred To Public Health and Human Services

 

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

02/08/2006 In Senate; Transmitted To House

02/10/2006 In House; Referred To Public Health and Human Services

 

Sponsor Information:

Patrick Alan Nunnelee (R - Minority)

 

Sponsor:

Nunnelee

 

 

 

Missouri S.B. 858

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/09/2006 Passed SENATE. *****To HOUSE.

 

Synopsis:

Relates to the health information technology fund.

 

Additional Information:

As introduced 1/11/06:

 

... 9. THE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE RULES SETTING FORTH THE PROCEDURES AND METHODS OF IMPLEMENTING THE PROVISIONS OF THIS SECTION. ANY RULE OR PORTION OF A RULE, AS THAT TERM IS DEFINED IN SECTION 536.010, RSMO, THAT IS CREATED UNDER THE AUTHORITY DELEGATED IN THIS SECTION SHALL BECOME EFFECTIVE ONLY IF IT COMPLIES WITH AND IS SUBJECT TO ALL OF THE PROVISIONS OF CHAPTER 536, RSMO, AND, IF APPLICABLE, SECTION 536.028, RSMO. THIS SECTION AND CHAPTER 536, RSMO, ARE NONSEVERABLE AND IF ANY OF THE POWERS VESTED WITH THE GENERAL ASSEMBLY PURSUANT TO CHAPTER 536, RSMO, TO REVIEW, TO DELAY THE EFFECTIVE DATE, OR TO DISAPPROVE AND ANNUL A RULE ARE SUBSEQUENTLY HELD UNCONSTITUTIONAL, THEN THE GRANT OF RULEMAKING AUTHORITY AND ANY RULE PROPOSED OR ADOPTED AFTER AUGUST 28, 2006, SHALL BE INVALID AND VOID. ...

 

Status:

01/11/2006 INTRODUCED.

01/18/2006 To SENATE Committee on PENSIONS, VETERANS' AFFAIRS AND GENERAL LAWS.

01/31/2006 In SENATE Committee on PENSIONS, VETERANS' AFFAIRS AND GENERAL LAWS: Voted do pass.

02/02/2006 From SENATE Committee on PENSIONS, VETERANS' AFFAIRS AND GENERAL LAWS: Reported do pass as substituted.

02/08/2006 Amended on SENATE floor.

02/08/2006 Committee substitute adopted on SENATE floor.

02/08/2006 Perfected.

02/09/2006 Passed SENATE. *****To HOUSE.

 

Sponsor Information:

Charlie Shields (R - Majority) (Majority Floor Leader)

Committees: Senate Committee on Administration (Vice Chair); Senate Committee on Education; Senate Committee on Gubernatorial Appointments (Vice Chair); Senate Committee on Rules (Chair); Serving since 2002

 

Sponsor:

Shields

 

 

 

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:

02/12/2006 DO PASS committee report adopted. - House Appropriations & Finance Committee

 

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 House Consumer & Public Affairs Committee/House Appropriations & Finance Committee - House Consumer & Public Affairs Committee

02/12/2006 DO PASS committee report adopted. - House Appropriations & Finance Committee

 

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. 4202

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NY+A.B.+4202

 

Category:

Medical Records Privacy

 

Last Action:

02/14/2006 Committee meeting set for Assembly Codes; First report cal.

 

Synopsis:

Establishes a penalty for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; also establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration.

 

Additional Information:

Language as Introduced on February 9, 2005:

 

Section 1. Section 3126 of the civil practice law and rules, as amended by chapter 98 of the laws of 1993, is amended to read as follows:

 

Section 3126. Penalties for refusal to comply with order or to disclose.

 

(B) IF ANY PARTY, OR A PERSON WHO AT THE TIME THAT AN ACTION FOR MEDICAL MALPRACTICE IS COMMENCED OR THEREAFTER IS AN OFFICER, DIRECTOR, MEMBER, EMPLOYEE OR AGENT OF A PARTY OR OTHERWISE UNDER THE PARTY'S CONTROL, INTENTIONALLY DESTROYS, MUTILATES OR SIGNIFICANTLY ALTERS ANY MEDICAL RECORD, THE PARTY OR PERSON SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS FOR EACH SUCH ACT. IN ADDITION, ANY PERSON WHO HAS BEEN INJURED BECAUSE OF SUCH INTENTIONAL DESTRUCTION, MUTILATION OR SIGNIFICANT ALTERATION OF A MEDICAL RECORD MAY BRING AN ACTION AGAINST THE PARTY AND/OR PERSON RESPONSIBLE THEREFOR TO RECOVER DAMAGES IF SUCH DESTRUCTION OF EVIDENCE MADE IT IMPOSSIBLE OR SIGNIFICANTLY IMPEDED THE PLAINTIFF'S ABILITY TO PROVE HIS OR HER CLAIM. THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.

 

Status:

02/09/2005 Introduced and referred to committee on Assembly Codes

03/01/2005 Committee meeting set for Assembly Codes; Reported from committee on Assembly Codes

03/07/2005 Set on the Assembly Floor Calendar; Laid out for discussion; Laid aside

06/16/2005 Set on the Assembly Floor Calendar

01/04/2006 Failed to advance; Referred to Assembly Codes

02/14/2006 Committee meeting set for Assembly Codes; First report cal.

 

Sponsor Information:

Michael N. Gianaris (D-Majority)

 

Sponsor:

Gianaris

 

 

 

Ohio H.B. 375

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OH+H.B.+375

 

Category:

Medical Records Privacy

 

Last Action:

02/07/2006 In House; Committee Report (S)

 

Synopsis:

Provides that the state board of emergency medical services shall investigate any allegation that a person has violated this chapter or a rule adopted under it. In investigating an allegation, the board may issue subpoenas or compel the attendance of witnesses and production of books, accounts, papers, records, documents, and testimony. A subpoena for patient record information shall not be issued without consultation with the attorney general's office and approval of the executive director of the board. Before issuance of a subpoena for patient record information, the executive director shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or any rule adopted under it and that the records sought are relevant to the alleged violation and material to the investigation. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation. On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may, pursuant to the rules of civil procedure, move for an order compelling the production of persons or records. A subpoena issued by the board may be served by a sheriff, the sheriff's deputy, or by an investigator for the division of emergency medical services of the department of public safety. Service of a subpoena issued by the board may be made by delivering a copy of the subpoena to the person named therein, reading it to the person, or leaving it at the person's usual place of residence. When the person being served is an individual authorized by this chapter to practice emergency medical services, service of the subpoena may be made by certified mail, restricted delivery, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or on the date that the person refuses to accept delivery.

 

Status:

10/11/2005 In House; Introduced; Assigned to State Government

02/07/2006 In House; Committee Report (S)

 

Sponsor Information:

Larry L. Flowers (R-Majority).

 

Sponsor:

Flowers

 

 

 

South Carolina H.B. 4427

 

Full Text Link:

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

 

Category:

Pricing

 

Last Action:

02/14/2006 In House; Member(s) request name added as sponsor: Mitchell

 

Synopsis:

Makes technical changes to medical records pricing language.

 

Additional Information:

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

 

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

 

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

 

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

 

Status:

01/12/2006 In House; Introduced; Referred to Committee on Labor, Commerce and Industry

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

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

02/08/2006 In House; Member(s) request name added as sponsor: Thompson

02/14/2006 In House; Member(s) request name added as sponsor: Mitchell

 

Sponsor Information:

Harry F Cato (R - Majority)

 

Sponsor:

Cato

 

 

 

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:

02/14/2006 Scheduled for committee hearing on this date; Commerce Do Pass Passed, YEAS 7, NAYS 0 .

 

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

02/14/2006 Scheduled for committee hearing on this date; Commerce Do Pass Passed, YEAS 7, NAYS 0 .

 

Sponsor Information:

Tim Rave (R - Majority)

 

Sponsor:

Rave

 

United States H.R. 4641

Category:

Medical Records Privacy

 

Sponsor:

Representative Phil Gingrey R-GA

 

Date Introduced:

December 18, 2005

 

Last Action:

02/08/2006 Introductory remarks on measure. (CR H164 )

 

Status:

12/18/2005 Referred to the House Committee on Ways and Means.

02/08/2006 Introductory remarks on measure. (CR H164 )

 

Actions:

Committee Referrals:

12/18/2005 House Committee on Ways and Means

 

Synopsis:

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

 

 

 

Utah H.B. 92

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/13/2006 House/ 3rd Reading Calendar to Rules Committee House Rules Committee

 

Synopsis:

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

 

Additional Information:

As substituted 2/9/06:

 

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

 

(A) THE COSTS OF RECRUITING THE PHYSICIAN AS DETAILED IN THE CONTRACT WHICH MAY INCLUDE:

 

(I) STARTUP COSTS OF THE PRACTICE SUCH AS RELOCATION EXPENSES AND RECRUITER FEES;

 

(II) SALARY BONUSES;

 

(III) MARKETING COSTS;

 

(IV) MALPRACTICE INSURANCE COSTS;

 

(V) STUDENT LOAN PAY OFFS; OR

 

(VI) OTHER COSTS DETAILED IN THE CONTRACT;

 

(B) STIPULATED DAMAGES OF UP TO ANY EARNED PORTION OF THE PHYSICIAN'S FIRST YEAR SALARY IF TERMINATION OCCURS WITHIN 24 MONTHS FROM THE INITIAL DATE OF SERVICE UNLESS:

 

(I) TERMINATION IS FOR CAUSE BY THE PHYSICIAN; OR

 

(II) WITHOUT CAUSE BY THE PERSON CONTRACTING WITH THE PHYSICIAN;

 

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

 

(D) THE DEPARTING PHYSICIAN'S RESPONSIBILITY FOR SHARED LIABILITIES OF THE PRACTICE AFTER TAKING INTO ACCOUNT THE STATUS AND DISTRIBUTION OF SHARED ASSETS IN THOSE INSTANCES WHERE THE PHYSICIAN HAS AN OWNERSHIP INTEREST IN THE PRACTICE. ...

 

Status:

01/10/2006 Numbered Legislative Research and General Counsel; Bill Distributed Legislative Research and General Counsel

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

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

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

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

02/08/2006 In House; Comm - Substitute Recommendation House Business and Labor Committee; Comm - Favorable Recommendation House Business and Labor Committee; Substitute Recommended by Standing Comm House Business and Labor Committee

02/09/2006 House/ comm report favorable/ substituted House Business and Labor Committee; House/ read 2nd time House Third Reading for House Bills

02/10/2006 House/ to Printing with fiscal note House Third Reading for House Bills

02/13/2006 House/ 3rd Reading Calendar to Rules Committee House Rules Committee

 

Sponsor:

McGee

 

 

 

Utah H.B. 129

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/13/2006 House/ 3rd Reading Calendar to Rules Committee House Rules Committee

 

Synopsis:

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

 

Additional Information:

As introduced 1/18/06:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(3) MEDICAL RECORDS HELD BY A COURT RELATED TO ORDERS OF RESTRICTION UNDER THIS CHAPTER SHALL BE SEALED BY THE DISTRICT COURT. ...

 

Status:

01/18/2006 Numbered Legislative Research and General Counsel; Bill Distributed Legislative Research and General Counsel

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

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

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

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

02/13/2006 House/ 3rd Reading Calendar to Rules Committee House Rules Committee

 

Sponsor Information:

Bradley G Last (R - Majority)

 

Sponsor:

Last

 

 

 

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:

02/13/2006 Enroll Draft Legislative Research and General CounselEN

 

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; comm report/ amended 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

02/10/2006 House/ read 3rd time House Consent Calendar; House/ passed 3rd reading House Speaker; House/ signed by Speaker sent to Senate Senate President; In Senate; received from House Senate President; signed by President/ enrolled Legislative Research and General CounselEN; Received from Senate for Enrolling Legislative Research and General CounselEN

02/13/2006 Enroll Draft Legislative Research and General CounselEN

 

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:

02/09/2006 In Senate; Constitutional reading dispensed; Referred to Committee on Rehabilitation and Social Services

 

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

02/07/2006 In House; Read second time; Committee substitute agreed to -H1; Engrossed by House - committee substitute HB691H1

02/08/2006 In House; Read third time and passed House BLOCK VOTE (97-Y 0-N); VOTE: BLOCK VOTE PASSAGE (97-Y 0-N); Communicated to Senate

02/09/2006 In Senate; Constitutional reading dispensed; Referred to Committee on Rehabilitation and Social Services

 

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:

02/14/2006 In House; Read third time and passed House BLOCK VOTE (100-Y 0-N); VOTE: BLOCK VOTE PASSAGE (100-Y 0-N); Communicated to Senate

 

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)

02/08/2006 In House; Reported from Appropriations with substitute (23-Y 0-N)

02/09/2006 In House; Committee substitute printed -H2

02/10/2006 In House; Read first time

02/13/2006 In House; Read second time; Committee substitute from Health, Welfare and Institutions rejected -H1; Committee substitute from Appropriations agreed to -H2; Engrossed by House - committee substitute HB757H2

02/14/2006 In House; Read third time and passed House BLOCK VOTE (100-Y 0-N); VOTE: BLOCK VOTE PASSAGE (100-Y 0-N); Communicated to Senate

 

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:

02/09/2006 In Senate; Constitutional reading dispensed; Referred to Committee on Rehabilitation and Social Services

 

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:

As engrossed 2/7/06:

 

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 , SO LONG AS SUCH PRISONER REQUESTS A COPY OF HIS RECORDS AT LEAST 60 DAYS PRIOR TO THE DATE UPON WHICH THE PRISONER'S TERM WOULD EXPIRE . THE DEPARTMENT SHALL DEVELOP PROCEDURES WHEREIN THE RECORDS ARE TO BE MADE AVAILABLE TO THE PRISONER IN A SAFE AND SECURE MANNER. ...

 

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

02/07/2006 In House; Read second time; Committee amendment agreed to; Engrossed by House as amended HB1093E; Printed as engrossed -E

02/08/2006 In House; Read third time and passed House BLOCK VOTE (97-Y 0-N); VOTE: BLOCK VOTE PASSAGE (97-Y 0-N); Communicated to Senate

02/09/2006 In Senate; Constitutional reading dispensed; Referred to Committee on Rehabilitation and Social Services

 

Sponsor Information:

Edward T Scott (R - Majority).

 

Sponsor:

Scott

 

 

 

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:

02/10/2006 In Senate; First reading, referred to Health & Long-Term Care.

 

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.

02/08/2006 In House; 1st substitute bill substituted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 75; nays, 23; absent, 0; excused, 0.

02/10/2006 In Senate; First reading, referred to Health & Long-Term Care.

 

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:

02/17/2006 In House; Scheduled for public hearing in committee. (Subject to change)

 

Synopsis:

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

 

Additional Information:

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.

02/11/2006 In Senate; 1st substitute bill substituted. Floor amendment(s) adopted. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 43; nays, 0; absent, 0; excused, 6.

02/13/2006 In House; First reading, referred to Health Care.

02/17/2006 In House; Scheduled for public hearing in committee. (Subject to change)

 

Sponsor Information:

Dale Brandland (R-Minority)

 

Sponsor:

Brandland

 

 

 

Wisconsin A.B. 738

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/08/2006 In Assembly; Public hearing held.

 

Synopsis:

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

 

Additional Information:

Language as Introduced on October 11, 2005:

 

Use of social security numbers on state civil service exams

 

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

 

Notification of unauthorized acquisitions of computerized personal information

 

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

 

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

 

1) sending an electronic mail message to the individuals;

 

2) posting a notice on the Internet; and

 

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

 

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

 

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

 

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

 

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

 

1) the individual's birth date;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Status:

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

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

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

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

02/08/2006 In Assembly; Public hearing held.

 

Sponsor Information:

Marlin D. Schneider (D-Minority)

 

Sponsor:

Schneider

 

 

 

Wisconsin A.B. 907

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/09/2006 In Senate; Report concurrence recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Available for scheduling.

 

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

02/08/2006 In Senate; Public hearing held.; Executive action taken.

02/09/2006 In Senate; Report concurrence recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Available for scheduling.

 

Sponsor Information:

Gregg A. Underheim (R-Majority)

 

Sponsor:

Underheim

 

 

 

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:

02/13/2006 In Assembly; Assembly amendment 1 offered by Representative Moulton

 

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 In Assembly; Introduced; cosponsored; Read first time and referred to committee on Ways and Means

02/08/2006 In Assembly; Fiscal estimate received .; Public hearing held.

02/13/2006 In Assembly; Assembly amendment 1 offered by Representative Moulton

 

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. 391

 

Full Text Link:

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

 

Category:

Medical Records Privacy

 

Last Action:

02/09/2006 In Senate; Report introduction and adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Report introduction and adoption of Senate Amendment 2 to Senate Substitute Amendment 1 recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Report adoption of Senate Substitute Amendment 1 recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Report passage as amended recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Available for scheduling.

 

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 .

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

02/08/2006 In Senate; Executive action taken.

02/09/2006 In Senate; Report introduction and adoption of Senate Amendment 1 to Senate Substitute Amendment 1 recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Report introduction and adoption of Senate Amendment 2 to Senate Substitute Amendment 1 recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Report adoption of Senate Substitute Amendment 1 recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Report passage as amended recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Available for scheduling.

 

Sponsor Information:

Luther S. Olsen (R-Majority)

 

Sponsor:

Olsen

 

 

 

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:

02/09/2006 In Senate; Report passage recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Available for scheduling.

 

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

02/08/2006 In Senate; Fiscal estimate received .; Public hearing held.; Executive action taken.

02/09/2006 In Senate; Report passage recommended by committee on Health, Children, Families, Aging and Long Term Care 02 -09. S. Available for scheduling.

 

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

 

 


 

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