Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

07/07/2005 - 07/13/2005

 

New Legislative Entries

 

New York A.B. 9019

Category:

Medical Records Privacy

 

Last Action:

06/29/2005 To ASSEMBLY Committee on AGING.

 

Synopsis:

Expands provisions of the elder law; adds various provisions relating thereto. Establishes the office of Long Term Care Ombudsman and provides for records access.

 

Additional Information:

Language as Introduced on June 29, 2005:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Status:

06/29/2005 INTRODUCED.

06/29/2005 To ASSEMBLY Committee on AGING.

 

Sponsor:

Assembly Rules Committee

 

 


 

Legislative Movement

 

 

Connecticut H.B. 6557

Category:

Medical Records Privacy

 

Last Action:

07/01/2005 Signed by the Governor

 

Synopsis:

Existing law allows electronic data intermediaries to transfer data between a licensed prescribing practitioner and a pharmacy chosen by the patient and licensed in the United States under state or territorial law. It defines "electronic data intermediaries" as entities that provide the infrastructure to connect a prescribing practitioner's computer system or other electronic devices with those of a pharmacy to transmit (1) electronic prescription orders, (2) refill authorization requests, (3) communications, and (4) other patient care information. It requires electronic data intermediaries to obtain the approval of the DCP commissioner to adopt regulations setting approval criteria. This bill allows each licensed prescribing practitioner to use an electronic prescribing system. The Department of Consumer Protection (DCP) may, within available appropriations, assist them with compliance with this voluntary effort. The bill allows licensed health care institutions to create, maintain, or use medical records or medical record systems in electronic format, paper, or both if the system can store medical records and patient health care information in a reproducible and secure manner. The bill requires the Office of Health Care Access (OHCA), using its discretion, to exempt from certificate of need (CON) review any health care facility or institution proposing to purchase or operate an electronic medical record system on or after October 1, 2005. *House Amendment "A" makes DCP, rather than the health department, responsible for assisting prescribing practitioners. It also allows, rather than requires, such assistance within available appropriations. *House Amendment "B" requires, using its discretion, rather than authorizes, OHCA to exempt from CON facilities proposing to purchase electronic systems.

 

Additional Information:

Full Text as Enacted on July 1, 2005:

 

Section 1. (NEW) (Effective October 1, 2005) Each health care provider licensed in this state with prescriptive authority may generate prescriptions in this state utilizing an electronic prescribing system. The Department of Consumer Protection may, within available appropriations, advise and assist health care providers in such utilization.

 

Sec. 2. Subsection (e) of section 1-283 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

 

(e) Except as otherwise provided in subsection (f) of section 1-277 AND SECTION 1 OF THIS ACT , sections 1-266 to 1-286, inclusive, do not require a governmental agency in this state to use or permit the use of electronic records or electronic signatures.

 

Sec. 3. (NEW) (Effective October 1, 2005) A health care institution licensed by the Department of Public Health pursuant to chapter 368v of the general statutes may create, maintain or utilize medical records or a medical records system in electronic format, paper format or both, provided such records or system are designed to store medical records or patient health information in a medium that is reproducible and secure.

 

Sec. 4. Section 19a-639a of the general statutes is amended by adding subsection (c) as follows (Effective October 1, 2005):

 

(NEW) (c) The Office of Health Care Access shall, in its discretion, exempt from certificate of need review pursuant to sections 19a-638 and 19a-639 any health care facility or institution that proposes to purchase or operate an electronic medical records system on or after October 1, 2005.

 

Status:

01/27/2005 Referred to Joint Committee on Public Health Co-sponsors of HB-6557 Rep. Peggy Sayers, 60th Dist. Rep. Arthur J. O'Neill, 69th Dist. Rep. Chris Perone, 137th Dist. Rep. Mary Ann Carson, 108th Dist. Sen. Joseph J. Crisco, 17th Dist. Sen. Gayle Slossberg, 14th Dist. Sen. Toni Nathaniel Harp, 10th Dist. Sen. Gary D. LeBeau, 3rd Dist. Sen. Eileen M. Daily, 33rd Dist. Sen. Biagio Ciotto, 9th Dist. Sen. Jonathan Harris, 5th Dist. Sen. Edith G. Prague, 19th Dist.

02/14/2005 Committee on Public Health Vote to Draft

03/01/2005 Drafted by Committee

03/02/2005 Referred to Joint Committee on Public Health

03/04/2005 Public Hearing 03/11

04/01/2005 Committee on Public Health Joint Favorable Substitute

04/04/2005 (LCO) Filed with Legislative Commissioners' Office

04/12/2005 (LCO) Referred to Office of Legislative Research and Office of Fiscal Analysis 04/18/05 5:00 PM

04/19/2005 (LCO) File Number 433; House Calendar Number 319; Favorable Report, Tabled for the Calendar, House; (LCO) Reported Out of Legislative Commissioners' Office

04/26/2005 Referred by House to Committee on Appropriations

05/02/2005 Committee on Appropriations Joint Favorable

05/03/2005 Tabled for the Calendar, House; No New File by Committee on Appropriations; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office

05/05/2005 House Passed as Amended by House Amendment Schedule A,B; House Adopted House Amendment Schedule B 5682; House Adopted House Amendment Schedule A 5984

05/06/2005 (LCO) File Number 732; Senate Calendar Number 519; Favorable Report, Tabled for the Calendar, Senate

05/11/2005 Referred by Senate to Committee on General Law

05/17/2005 (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Committee on General Law Joint Favorable

05/18/2005 Favorable Report, Tabled for the Calendar, Senate; No New File by Committee on General Law

06/03/2005 In Concurrence; Senate Passed as Amended by House Amendment Schedule A,B; Senate Adopted House Amendment Schedule A,B

06/10/2005 (LCO) Public Act 05-168

06/20/2005 Transmitted to the Secretary of State

07/01/2005 Signed by the Governor

 

Sponsor Information:

Peggy Sayers (D-Majority)

 

Sponsor:

Sayers

 

 

 

Delaware H.B. 75

Category:

Pricing;Medical Records Privacy

 

Last Action:

06/30/2005 Passed by Senate; Necessary rules are suspended in Senate; Senate Passed

 

Synopsis:

Describes the procedures for a physician or the estate of a physician to use for discontinuing a medical practice and transferring patient files. Gives immunity to a variety of individuals and entities who carry out the statutory duties of the Medical Practices Act in good faith and without gross or wanton negligence. Declares that, unless otherwise provided, the records andproceedings of various committees and organizations covered in the Medical Practices Act are confidential; they are not public records, are not available for court subpoena, and are not subject to discovery.

 

Additional Information:

Language as Engrossed on June 28, 2005:

 

Section 1761. Physician discontinuing business or leaving the State; death of a physician; change of physician and transfer of patient records; notification to patients.

 

(a) A person certified to practice medicine under this chapter who is discontinuing a medical -practice business in this State or who is leaving this State and who is not transferring patient records to another person certified to practice medicine shall notify his or her patients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the person practices. The notice must be published at least 1 time per month over a 3-month period in advance of discontinuing the business or leaving the State and must explain how a patient can procure his or her patient records. All patients of record who have not requested their records 30 days before the person discontinues the medical -practice business or leaves the State must be notified by first class mail by the person to permit his or her patients to procure their records. Any patient records that have not been procured within 7 years after the person discontinues business or leaves the State may be permanently disposed of in a manner that ensures confidentiality of the records.

 

(b) If a person certified to practice medicine under this chapter dies and has not transferred patient records to another person certified to practice medicine and has not made provisions for a transfer of patient records to occur upon the person's death, a personal representative of the person's estate shall notify the person's patients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the person practiced. The notice must be published at least 1 time per month over a 3-month period after the person's death and must explain how a former patient can procure his or her patient records. All former patients who have not requested their records 30 days after such publication must be notified by first class mail by the personal representative of the estate to permit the patients to procure their records. Any patient records that have not been procured within 7 years after the death of the person may be permanently disposed of in a manner that ensures confidentiality of the records.

 

(c) If a patient changes from the care of one person certified to practice medicine to another person certified to practice medicine, the former person shall transfer a copy of the records of the patient to the current person upon the request of either the current person or the patient. The former person may charge for the reasonable expenses of copying the patient's records, not to exceed $ 25. Alternatively, if the patient and current person agree, the former person may forward to the current person a summary of the patient's record, in lieu of transferring the entire record, at no charge to the patient. If a patient changes care from one person certified to practice medicine to another and fails to notify the former person, or leaves the care of the former person for a period of 7 years from the last entry date on the patient's record and fails to notify the former person, or fails to request the transfer of records to the current person, then the former person shall maintain the patient's records for a period of 7 years from the last entry date in the patient's medical record, after which time the records may be permanently disposed of in a manner that insures confidentiality of the records.

 

(d) This section does not apply to a person certified to practice medicine who has seen or treated a patient on referral from another person certified to practice medicine and who has provided a record of the diagnosis and/or treatment to the other person, or to a hospital or an agency which has provided treatment for the patient.

 

(e) A person certified to practice medicine or the personal representative of the estate of such person who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient's records.

 

(f) Any person certified to practice medicine in this State who violates this section may be found by the Board to have committed unprofessional conduct, and any aggrieved patient or his or her personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.

 

Status:

03/16/2005 Introduced; Introduced and Assigned to Policy Analysis & Government Accountability Committee in House

06/01/2005 Reported Out of Committee (POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY) with 1 Favorable, 3 On Its Merits

06/15/2005 Amendment HA 1 introduced and Placed With Bill

06/28/2005 Passed by House of Representatives; Amendment HA 1 passed

06/29/2005 Assigned to Sunset committee in Senate

06/30/2005 Passed by Senate; Necessary rules are suspended in Senate; Senate Passed

 

Sponsor Information:

Stephanie A. Ulbrich (R-Majority)

 

Sponsor:

Ulbrich

 

 

 

Delaware H.B. 184

Category:

Medical Records Privacy

 

Last Action:

06/28/2005 SENATE Amendment No. 1 to HOUSE Substitute No. 1 placed with bill.

 

Synopsis:

As Introduced, this act encourages voluntary reporting of information relating to patient safety and health care. This will ensure confidentiality and accountability by raising standards and expectations for quality improvements in patient safety. The substitute bill creates the Patient Safety and Health Care Quality Improvement Act of 2005, whose purpose is to improve the quality of health care delivery and patient safety. The bill allows individuals and entities to share, with privilege and confidentiality protections, information with the Patient Safety Organization or provider that promotes patient safety and improves the quality of health care delivery. Privilege and confidentiality legal protection will encourage reporting, which, in turn, will promote patient safety and quality health care delivery.

 

Additional Information:

Language as Substituted on June 8, 2005:

 

Section 1204B. Privilege and confidentiality protections.

 

(a) Notwithstanding any other provision of federal, State, or local law, patient safety data is privileged and, with the exception of the provisions of subsection (c)(1) of this section, such data is not:

 

(1) subject to a federal, State, or local civil, criminal, or administrative subpoena;

 

(2) subject to discovery in connection with a federal, State, or local civil, criminal, or administrative proceeding;

 

(3) subject to disclosure pursuant to the Delaware or United States Freedom of Information Acts or any other similar federal, State, or local law;

 

(4) subject to admission as evidence or other disclosure in any federal, State, or local civil, criminal, or administrative proceeding; or

 

(5) subject to use in a disciplinary proceeding against a provider.

 

(b) Notwithstanding any other provision of federal, State, or local law, with the exception of the provisions of subsections (c) and (d) of this section, patient safety data is confidential and may not be disclosed.

 

(c) Nothing in this section may be construed to prohibit the following uses or disclosures:

 

(1) Disclosure by a provider or a PSO of relevant patient safety data for use in a criminal proceeding, including but not limited to use through subpoena and discovery and use as evidence, after a court makes an in camera determination that the patient safety data contains evidence of a wanton and criminal act to directly harm the patient; or

 

(2) Voluntary disclosure of non-identifiable, aggregate patient safety data by a provider or a PSO.

 

(3) Disclosure of non-identifiable, aggregate patient safety data by a person that is a provider, a PSO, or a contractor of a provider or a PSO to another person for the purpose of carrying out PSO activities;

 

(4) Disclosure of non-identifiable, aggregate patient safety data by a provider or a PSO to grantees or contractors carrying out patient safety research, evaluation, or demonstration projects initiated and authorized by the PSO;

 

(5) Disclosure of non-identifiable, aggregate patient safety data by a provider to an accrediting body that accredits that provider;

 

(6) Voluntary disclosure of patient safety data by the PSO to the Secretary of Health and Social Services for public health surveillance if the consent of each provider identified in, or providing, the data is obtained prior to disclosure. Nothing in the preceding sentence may be construed to prevent the release of patient safety data that is provided by, or that relates solely to, a provider from whom consent is obtained because one or more other providers do not provide consent with respect to the disclosure of patient safety data that relates to nonconsenting providers. Consent for the future release of patient safety data for such purposes may be requested by the PSO at the time the data is submitted; or

 

(7) Voluntary disclosure of patient safety data by a PSO to state or local government agencies for public health surveillance if the consent of each provider identified in, or providing, the data is obtained prior to disclosure. Nothing in the preceding sentence may be construed to prevent the release of patient safety data that is provided by, or that relates solely to, a provider from whom consent is obtained because one or more other providers do not provide consent with respect to the disclosure of patient safety data that relates to nonconsenting providers. Consent for the future release of patient safety data for such purposes may be requested by the PSO at the time the data is submitted.

 

(d) (1) Except as provided in paragraph (2) of this subsection, patient safety data that is used or disclosed continues to be privileged and confidential as provided for in subsections (a) and (b) of this section, and the provisions of those subsections apply to such data in the possession or control of a provider or PSO that possessed the data before the use or disclosure, or of a person to whom the data was disclosed.

 

(2) Notwithstanding paragraph (1) and subject to paragraph (3) of this section,

 

(A) if patient safety data is used or disclosed as provided for in subsection (c)(1) of this section, and such use or disclosure is in open court, the confidentiality protections provided for in subsection (b) of this section do not apply to the data; and

 

(B) if patient safety data is used or disclosed as provided for in subsection (c)(2) of this section, the privilege and confidentiality protections provided for in subsections (a) and (b) of this section do not apply to the data.

 

(3) Paragraph (2) of this subsection may not be construed as terminating or limiting the privilege or confidentiality protections provided for in subsection (a) or (b) of this section with respect to data other than the specific data used or disclosed as provided for in subsection (c) of this section.

 

(e) (1) Except to enforce disclosures pursuant to subsection (c)(1) of this section, no action may be brought or process served against a patient safety organization to compel disclosure of information collected or developed under this chapter, whether or not the information is patient safety data, unless the information is specifically identified, is not patient safety data, and cannot otherwise be obtained.

 

(2) An accrediting body may not take an accrediting action against a provider based on the good faith participation of the provider in the collection, development, reporting, or maintenance of patient safety data in accordance with this chapter. An accrediting body may not require a provider to reveal its communications with any patient safety organization established in accordance with this chapter.

 

(f) (1) A provider may not take an adverse employment action, as described in paragraph (2) of this subsection, against an individual based upon the fact that the individual in good faith reported information to the provider with the intention of having the information reported to the PSO or reported information directly to the PSO.

 

(2) For purposes of this subsection, an 'adverse employment action' includes loss of the individual's employment, failure to promote the individual, failure to provide any other employment-related benefit for which the individual would otherwise be eligible, or an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual.

 

(g) (1) Except as provided in subsections (c) and (d) of this section and as otherwise provided for in this section, it is unlawful for a person to disclose patient safety data in violation of this chapter. A person who discloses patient safety data in violation of this chapter is subject to a civil monetary penalty of not more than $ 10,000 for each violation.

 

(2) The penalty provided for under paragraph (1) of this subsection does not apply if the defendant is sentenced under the regulations promulgated under Sec. 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-(2) or under Sec. 1176 of the Social Security Act (42 U.S.C. 1320d-(5) for the same disclosure.

 

(3) Without limiting remedies available to other parties, a civil action may be brought by any aggrieved individual to enjoin any act or practice that violates subsection (f) of this section and to obtain other appropriate equitable relief, including reinstatement, back pay, and restoration of benefits, to redress the violation.

 

(4) An entity that is the State or an agency of the State government may not assert the privilege described in subsection (a) of this section unless before the time of the assertion, the entity or, in the case of and with respect to an agency, the State has consented to be subject to an action as described in this subsection, and that consent has remained in effect.

 

Status:

05/12/2005 Introduced; Introduced and Assigned to Health & Human Development Committee in House

06/01/2005 Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) with 8 On Its Merits

06/08/2005 Substituted

06/09/2005 Amendment HA 3 passed; Amendment HA 2 passed; Amendment HA 1 passed

06/14/2005 To SENATE Committee on HEALTH AND SOCIAL SERVICES.

06/28/2005 SENATE Amendment No. 1 to HOUSE Substitute No. 1 placed with bill.

 

Sponsor:

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

 

 

 

Delaware S.B. 165

Category:

Medical Records Privacy

 

Last Action:

06/28/2005 Governor acted; Signed by Governor; Signed

 

Synopsis:

This new Section makes the retention and disposition of dental records consistent with the similar provisions in the Medical Practices Act which deal with patient medical records.

 

Additional Information:

Language as Enacted on June 28, 2005:

 

Section 1. AMEND Subchapter V, Chapter 11, Title 24 of the Delaware Code by adding thereto a new Section to read as follows:

 

"Section 1195. Dentist discontinuing practice or leaving state; death of a dentist; change of dentist and transfer of patient records; notification of patients.

 

(a) Every dentist licensed to practice under this Chapter who is discontinuing a practice in this State or is leaving this State and who is not transferring patient records to another dentist shall notify his or her patients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the dentist practices. The notice must be published at least 3 times over a 3 month period in advance of discontinuing the practice or leaving the State and must explain how a patient can procure his or her patient records. All patients of record who have not requested their records thirty (30) days before the closing of the practice shall be notified by first class mail by the dentist to permit the patients to procure their records. Any patient records that have not been procured within seven (7) years after the dentist discontinues practice or leaves the State may be permanently disposed of in a manner that ensures the confidentiality of the records.

 

(b) When a dentist licensed to practice under this Chapter dies and has not transferred patient records to another dentist and has not made provisions for a transfer of patient records to occur upon the dentist's death, a personal representative of the dentist's estate shall notify the dentist's patients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the dentist practiced. The notice must be published at least 3 times over a 3 month period after the dentist's death and must explain how a patient can procure patient records. All patients of record who have not requested their records thirty (30) days after publication shall be notified by first class mail by the personal representative of the estate to permit patients to procure their records. Any patient records that have not been procured within seven (7) years after the death of the dentist may be permanently disposed of in a manner that ensures confidentiality of the records.

 

(c) Whenever a patient changes from the care of one dentist to another dentist, the prior dentist shall transfer the records of the patient to the new dentist upon the written request of either the new dentist or the patient. If a patient changes care from one dentist to another dentist and fails to notify the prior dentist, or leaves the care of the prior dentist for a period of seven (7) years from the last entry date on the patient's record and fails to notify the prior dentist, or fails to request the transfer of records to the new dentist, then the prior dentist shall maintain said records for a period of seven (7) years from the last entry date in the patient's dental record after which time the records may be permanently disposed of in a manner that ensures confidentiality of the records.

 

(d) This section shall not apply to a dentist who has seen or treated a patient on referral from another dentist and who has provided a record of the diagnosis or treatment to another dentist, hospital or agency which has provided treatment for the patient.

 

(e) A dentist or the personal representative of the estate of a dentist who disposes of patient records in accordance with the provisions of this Section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient's records. "

 

Status:

06/14/2005 Introduced; Assigned to Health & Social Services committee in Senate

06/16/2005 Reported Out of Committee (HEALTH & SOCIAL SERVICES) with 4 On Its Merits

06/21/2005 Passed by Senate

06/22/2005 Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) with 6 On Its Merits; Introduced and Assigned to Health & Human Development Committee in House

06/23/2005 Passed by House of Representatives

06/28/2005 Governor acted; Signed by Governor; Signed

 

Sponsor:

Patricia M. Blevins (D-Majority)

 

 

 

Illinois H.B. 582

Category:

Medical Records Privacy

 

Last Action:

07/12/2005 Enacted

 

Synopsis:

Amends the Adoption Act. Provides that the Department of Public Health shall conduct a public information campaign until December 31, 2010 (instead of beginning January 1, 2000 and continuing for a minimum of 4 years) through notices enclosed with the driver's license renewal applications. Requires the notices to be given to the public (instead of to adopted and surrendered persons born, surrendered, or adopted in Illinois and their respective adoptive parents, legal guardians, birth parents, and birth siblings). Adds any birth certificate, marriage certificate, or proof of guardianship that has been submitted by a registrant to the list of items that shall be contained in an adoption/surrender records file. Defines "adult child", "birth aunt", "birth relative", "birth uncle", and "surviving spouse". Allows a birth aunt or birth uncle to file a Registration Identification Form and an Information Exchange Authorization or a Denial of Information Exchange, if the birth aunt or birth uncle has submitted birth certificates for himself or herself and for a deceased parent naming at least one common biological parent, as well as proof for the deceased parent, and the birth parent did not file a Denial of Information Exchange with the Registry prior to his or her death. Provides that a surviving spouse or an adoptive parent or legal guardian of a deceased adopted or surrendered person 21 years of age or over may file a Registration Identification Form and an Information Exchange Authorization or a Denial of Information Exchange if the listed requirements are met. Permits the Registry to release identifying information to the adoptive parent, adult child or surviving spouse of a deceased adopted or surrendered person, and one of the adopted or surrendered person's birth relatives who have met the listed conditions. Provides that adoptive parents, adult children, and surviving spouses of deceased adoptees who do not wish to establish contact with one or more of the adopted or surrendered person's birth relatives may specify with whom they do not wish to exchange identifying information by filing a Denial of Information Exchange. Provides that, beginning January 1, 2006, any of the listed persons who wish to petition the court for the appointment of a confidential intermediary must include proof of registration with the Illinois Adoption Registry and Medical Information Exchange with their petition. Makes other changes. Effective January 1, 2006. House amendment #1 changes a reference from Department to Department of Child and Family Services in the Section concerning eligibility of a confidential intermediary. Changes a reference from deceased wife or husband to surviving wife or husband on the Registration Identification Form for Surviving Relatives of Deceased Adopted or Surrendered Persons.

 

Additional Information:

Language as Enacted on July 12, 2005:

 

Section 5. The Adoption Act is amended by changing Sections 18.04, 18.05, 18.06, 18.1, 18.1a, 18.1b, 18.2, 18.3, and 18.3a as follows:

 

Sec. 18.05. The Illinois Adoption Registry and Medical Information Exchange.

 

(a) General function. Subject to appropriation, the Department of Public Health shall ADMINISTER redefine the function of the Illinois Adoption Registry and create the Medical Information Exchange in the manner outlined in subsections (b) and (c) for the purpose of facilitating the voluntary exchange of medical information between mutually consenting MEMBERS OF BIRTH AND ADOPTIVE FAMILIES. birth parents or birth siblings and mutually consenting adoptive parents or legal guardians of adopted or surrendered persons under the age of 21 or adopted or surrendered persons 21 years of age or over. The Department shall establish rules for the confidential operation of the Illinois Adoption Registry. THE Beginning January 1, 2000, the Department shall conduct a public information campaign through public service announcements and other forms of media coverage and, UNTIL DECEMBER 31, 2010 for a minimum of 4 years , through notices enclosed with driver's license renewal applications, shall inform THE PUBLIC adopted and surrendered persons born, surrendered, or adopted in Illinois and their adoptive parents, legal guardians, birth parents and birth siblings of the Illinois Adoption Registry and Medical Information Exchange. The Department shall notify all parties who registered with the Illinois Adoption Registry prior to January 1, 2000 of the provisions of this amendatory Act of 1999. The Illinois Adoption Registry shall also maintain an informational Internet site where interested parties may access information about the Illinois Adoption Registry and Medical Information Exchange and download all necessary application forms. The Illinois Adoption Registry shall maintain statistical records regarding Registry participation and publish and circulate to the public informational material about the function and operation of the Registry.

 

Status:

01/27/2005 In House; Filed; First Reading; Referred to Rules Committee

02/02/2005 In House; Assigned to Executive Committee

02/03/2005 In House; Re-assigned to Judiciary I - Civil Law Committee

02/17/2005 In House; House Amendment No. 1 Filed; House Amendment No. 1 Adopted in Judiciary I - Civil Law Committee ; by Voice Vote; Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee ; 010-000-000

02/18/2005 In House; Placed on Calendar 2nd Reading - Short Debate; Second Reading - Short Debate; Placed on Calendar Order of 3rd Reading - Short Debate

02/24/2005 In House; Third Reading - Short Debate - Passed 109-005-000

02/25/2005 In Senate; Arrive in Senate; Placed on Calendar Order of First Reading March 1, 2005

03/07/2005 In Senate; Chief Senate Sponsor Sen. John J. Cullerton

03/08/2005 In Senate; First Reading; Referred to Rules

04/13/2005 In Senate; Assigned to Judiciary

04/14/2005 In Senate; Added as Alternate Chief Co-Sponsor Sen. Donne E. Trotter

04/20/2005 In Senate; Do Pass Judiciary ; 008-000-000; Placed on Calendar Order of 2nd Reading April 21, 2005

05/05/2005 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading May 10, 2005

05/17/2005 In Senate; Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins; Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez; Third Reading - Passed; 058-000-000; In House; Passed Both Houses

06/15/2005 In House; Sent to the Governor

07/12/2005 Enacted

 

Sponsor:

Sara Feigenholtz (D-Majority) and John J. Cullerton (D-Majority)

 

 

 

Illinois S.B. 1907

Category:

Medical Records Privacy

 

Last Action:

07/08/2005 In Senate; Governor Approved; Effective Date January 1, 2006; Public Act . . . . . . . . . 94-0155

 

Synopsis:

Amends the Code of Civil Procedure examination of patient records provisions. Permits a person, entity, or organization presenting a valid signed authorization for the release of records to examine a health care facility's records of a patient. Provides that a written request by a person, entity, or organization presenting a valid signed authorization for the release of records shall be satisfied within 30 days of receipt. Provides for the examination of records by a person, entity, or organization presenting a valid authorization (instead of a valid signed authorization) for the release of records signed by the patient or the patient's representative.

 

Additional Information:

Language as Enacted on July 8, 2005:

 

Section 5. The Code of Civil Procedure is amended by changing Section 8-2001 as follows:

 

(735 ILCS 5/8-2001)(from Ch. 110, par. 8-2001)

 

Sec. 8-2001. Examination of records.

 

In this Section, "health care facility" or "facility" means a public or private hospital, ambulatory surgical treatment center, nursing home, independent practice association, or physician hospital organization, or any other entity where health care services are provided to any person. The term does not include an organizational structure whose records are subject to Section 8-2003.

 

Every private and public health care facility shall, upon the request of any patient who has been treated in such health care facility, OR ANY PERSON, ENTITY, OR ORGANIZATION PRESENTING A VALID AUTHORIZATION FOR THE RELEASE OF RECORDS SIGNED BY THE PATIENT OR THE PATIENT'S LEGALLY AUTHORIZED REPRESENTATIVE, permit the patient, his or her physician , or authorized attorney , OR ANY PERSON, ENTITY, OR ORGANIZATION PRESENTING A VALID AUTHORIZATION FOR THE RELEASE OF RECORDS SIGNED BY THE PATIENT OR THE PATIENT'S LEGALLY AUTHORIZED REPRESENTATIVE to examine the health care facility patient care records, including but not limited to the history, bedside notes, charts, pictures and plates, kept in connection with the treatment of such patient, and permit copies of such records to be made by him or her or his or her physician or authorized attorney. A request for copies of the records shall be in writing and shall be delivered to the administrator or manager of such health care facility. The health care facility shall be reimbursed by the person requesting copies of records at the time of such copying for all reasonable expenses, including the costs of independent copy service companies, incurred by the health care facility in connection with such copying not to exceed a $ 20 handling charge for processing the request for copies, and 75 cents per page for the first through 25th pages, 50 cents per page for the 26th through 50th pages, and 25 cents per page for all pages in excess of 50 (except that the charge shall not exceed $ 1.25 per page for any copies made from microfiche or microfilm), and actual shipping costs. These rates shall be automatically adjusted as set forth in Section 8-2006. The health care facility may, however, charge for the reasonable cost of all duplication of record material or information that cannot routinely be copied or duplicated on a standard commercial photocopy machine such as x-ray films or pictures.

 

The requirements of this Section shall be satisfied within 30 days of the receipt of a written request by a patient or by his or her legally authorized representative, physician, or authorized attorney , OR ANY PERSON, ENTITY, OR ORGANIZATION PRESENTING A VALID AUTHORIZATION FOR THE RELEASE OF RECORDS SIGNED BY THE PATIENT OR THE PATIENT'S LEGALLY AUTHORIZED REPRESENTATIVE . If the health care facility needs more time to comply with the request, then within 30 days after receiving the request, the facility must provide the requesting party with a written statement of the reasons for the delay and the date by which the requested information will be provided. In any event, the facility must provide the requested information no later than 60 days after receiving the request.

 

A health care facility must provide the public with at least 30 days prior notice of the closure of the facility. The notice must include an explanation of how copies of the facility's records may be accessed by patients. The notice may be given by publication in a newspaper of general circulation in the area in which the health care facility is located.

 

Failure to comply with the time limit requirement of this Section shall subject the denying party to expenses and reasonable attorneys' fees incurred in connection with any court ordered enforcement of the provisions of this Section. (Source: P.A. 92-228, eff. 9-1-01; 93-87, eff. 7-2-03.)

 

Status:

02/25/2005 In Senate; Filed; First Reading; Referred to Rules

03/02/2005 In Senate; Assigned to Judiciary

03/09/2005 In Senate; Do Pass Judiciary ; 010-000-000; Placed on Calendar Order of 2nd Reading March 10, 2005

03/17/2005 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading April 6, 2005

04/06/2005 In Senate; Senate Floor Amendment No. 1 Filed; Senate Floor Amendment No. 1 Referred to Rules

04/07/2005 In Senate; Senate Floor Amendment No. 1 Rules Refers to Judiciary

04/12/2005 In Senate; Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary ; 010-000-000

04/13/2005 In Senate; Recalled to Second Reading; Senate Floor Amendment No. 1 Adopted; Cullerton; Placed on Calendar Order of 3rd Reading April 14, 2005

04/15/2005 In Senate; Third Reading - Passed; 056-000-000; In House; Arrived in House; In House; Placed on Calendar Order of First Reading

04/26/2005 In House; Chief House Sponsor Rep. Sidney H. Mathias

04/27/2005 In House; First Reading; Referred to Rules Committee; Assigned to Judiciary I - Civil Law Committee

05/04/2005 In House; Do Pass / Short Debate Judiciary I - Civil Law Committee ; 011-001-000

05/05/2005 In House; Placed on Calendar 2nd Reading - Short Debate

05/11/2005 In House; Second Reading - Short Debate; Placed on Calendar Order of 3rd Reading - Short Debate

05/18/2005 In House; Third Reading - Short Debate - Passed 115-000-000; In Senate; Passed Both Houses

06/16/2005 In Senate; Sent to the Governor

07/08/2005 In Senate; Governor Approved; Effective Date January 1, 2006; Public Act . . . . . . . . . 94-0155

 

Sponsor Information:

John J. Cullerton (D-Majority)

 

Sponsor:

Cullerton

 

 

 

Massachusetts H.B. 1754

Category:

Medical Records Privacy

 

Last Action:

01/26/2005 In House; Referred to the committee on The Judiciary; In Senate; Senate concurred

 

Synopsis:

Relates to protecting the confidentiality of patient records.

 

Additional Information:

Language as Introduced on January 5, 2005:

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

Chapter 112 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 172 the following section: -

 

Section 172B. Except as in hereinafter provided, in any court proceeding, and in any proceeding preliminary thereto and in legislative and administrative proceedings, a client shall have the privilege of refusing to disclose and of preventing a witness from disclosing, any communication, wherever made, between said client and any mental health counselor licensed pursuant to the provisions of section one hundred and sixty-three of chapter one hundred and twelve, or a mental health counselor employed in a state, county or municipal government agency, relative to the diagnosis or treatment of the client's mental or emotional condition.

 

If a client is incompetent to exercise or waive such privilege, a guardian shall be appointed to act in the client's behalf under this section. A previously appointed guardian shall be authorized to so act.

 

"The privilege granted hereunder shall not apply to any of the following communications:

 

(a) If a mental health counselor, in the course of his diagnosis or treatment of the client, determines the client is in need of treatment in a hospital for mental emotional illness or that there is a threat of imminently dangerous activity by the patient against himself or another person, and on the basis of such determination discloses such communication either for the purpose of placing or retaining the client in such hospital, provided however that the provision of this section shall continue in effect after the patient is in said hospital, or placing the patient under arrest or under the supervision of law enforcement authorities. .11 (b) 1 f a judge finds that the client, after having been informed that the communications would not be privileged, has made corn '3 munications to mental health counselor in the course of a psychiatric examination ordered by the court, provided that such communications shall be admissible only on issues involving the patient's mental or emotional condition but not as a confession or admission of guilt.

 

(c) In any proceeding, except one involving child custody, in which the client introduces his mental or emotional condition as an element of his claim or defense, and the judge or presiding officer finds that it is more important to the interests of.justice that the communication be disclosed than that the relationship between client and mental health counselor be protected;

 

(d) In any proceeding after the death of a client in which his mental or emotional condition is introduced by any party claiming or defending through or as beneficiary of the patient as an element of the claim or the defense, and the judge or presiding officer 1inds that it is more important to the interests of justice that the communication be disclosed than that the relationship between client and mental health counselor be protected.

 

(e) In the initiation of proceedings under paragraph C of section twenty-three or under section twenty-four of chapter one hundred and nineteen, or section three of chapter two hundred ten or to give testimony in connection therewith;

 

(1) In any proceeding whereby the mental health counselor has acquired the information while conducting an investigation pur suant to section fifty-one B of chapter one hundred nineteen;

 

(g) Or in any case involving child custody, adoption or the dis pensing with the need for consent to adoption which upon hearing in chambers, the judge in the exercise of his discretion, determines that the mental health counselor has evidence bearing significantly on the client's ability to provide suitable care or custody, and it is more important to the welfare of the child that the communication be disclosed than that the relationship between the client and the mental health counselor be protected; provided however, that in such case of adoption or the dispensing with the need for consent to adoption, a judge shall determine that the client has been informed that such communication should not be privileged; or

 

(h) If in any proceeding brought by the client against the mental health counselor, and in any malpractice, criminal, or license revocation proceeding, in which disclosure is necessary or relevant to the claim or defense of the mental health counselor.

 

Status:

01/26/2005 In House; Referred to the committee on The Judiciary; In Senate; Senate concurred

 

Sponsor Information:

Ruth B. Balser (D-Majority)

 

Sponsor:

Balser

 

 

 

Massachusetts H.B. 2620

Category:

Medical Records Privacy

 

Last Action:

06/07/2005 In JOINT Committee on JUDICIARY: Heard. Eligible for Executive Session.

 

Synopsis:

Regulates the disclosure of medical records.

 

Additional Information:

Language as Introduced on January 5, 2005:

 

SECTION 1. Chapter 93 of the General Laws is hereby amended by adding the following section:- Section 115. Any direct mail marketing of a medical product to consumers shall identify the source from which the mailing list was derived. Any person who violates the provisions of this section shall be liable for a civil penalty of not more than $ 100. An individual aggrieved by violation of the provisions of this section may notify the office of the attorney general. The attorney general may promulgate rules or regulations necessary to implement and enforce the provisions of this section.

 

SECTION 2. Chapter 111 of the General Laws is hereby amended by inserting after section 205, as appearing in the 2002 Official Edition, the following section:- Section 205A. No person in possession of medical record shall transmit identifiable patient information on the internet without the prior written approval of said patient; provided, however, that said patient shall be informed of the measures employed to protect the security of such transmission.

 

SECTION 3. Chapter 112 of the General Laws is hereby amended by inserting after section 30, as so appearing, the following section:- Section 30A. No registered pharmacist shall sell, provide or distribute, directly or indirectly, any information to any person for marketing purposes, including, but not limited to, mailing lists.

 

SECTION 4. Said chapter 112 is hereby further amended by inserting after section 41A, as so appearing, the following section:- Section 41B. No retail drug business shall sell, provide, or distribute, directly or indirectly, any information to any person for marketing purposes, including, but not limited to, mailing lists.

 

SECTION 5. Section 13 of chapter 175I of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- No insurance institution, insurance representative or insurance support organization shall sell, provide, or distribute, directly or indirectly, any information to any person for marketing purposes, including, but not limited to mailing lists.

 

Status:

01/05/2005 INTRODUCED.

01/05/2005 To JOINT Committee on JUDICIARY.

01/05/2005 Filed as House Docket 336.

06/07/2005 In JOINT Committee on JUDICIARY: Heard. Eligible for Executive Session.

 

Sponsor:

Patricia A. Walrath (D-Majority)

 

 

 

Missouri H.B. 232

Category:

Pricing

 

Last Action:

07/12/2005 Enacted

 

Synopsis:

Health care providers are currently allowed to charge a handling fee of $15 plus 35 cents per page to copy a patient's health care record. This bill allows health care providers to increase the fee to not more than $17.05 plus 40 cents per page and allows providers to charge up to $2 for notary fees. The provider may condition the furnishing of the records on the payment of the fee.

 

Additional Information:

Full Text as Enacted on July 12, 2005:

 

Section A. Section 191.227, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 191.227, to read as follows:

 

191.227. 1. All physicians, chiropractors, hospitals, dentists, and other duly licensed practitioners in this state, herein called "providers", shall, upon written request of a patient, or guardian or legally authorized representative of a patient, furnish a copy of his OR HER record of that patient's health history and treatment rendered to the person submitting a written request, except that such right shall be limited to access consistent with the patient's condition and sound therapeutic treatment as determined by the provider. Beginning August 28, 1994, such record shall be furnished within a reasonable time of the receipt of the request therefor and upon payment of a handling fee of fifteen dollars plus a fee of thirty-five cents per page for copies of documents made on a standard photocopy machine FEE AS PROVIDED IN THIS SECTION .

 

2. HEALTH CARE PROVIDERS MAY CONDITION THE FURNISHING OF THE PATIENT'S HEALTH CARE RECORDS TO THE PATIENT, THE PATIENT'S AUTHORIZED REPRESENTATIVE OR ANY OTHER PERSON OR ENTITY AUTHORIZED BY LAW TO OBTAIN OR REPRODUCE SUCH RECORDS UPON PAYMENT OF A FEE FOR:

 

(1) COPYING, IN AN AMOUNT NOT MORE THAN SEVENTEEN DOLLARS AND FIVE CENTS PLUS FORTY CENTS PER PAGE FOR THE COST OF SUPPLIES AND LABOR;

 

(2) POSTAGE, TO INCLUDE PACKAGING AND DELIVERY COST; AND

 

(3) NOTARY FEE, NOT TO EXCEED TWO DOLLARS, IF REQUESTED.

 

3. Notwithstanding provisions of this section to the contrary, providers may charge for the reasonable cost of all duplications of medical HEALTH CARE record material or information which cannot routinely be copied or duplicated on a standard commercial photocopy machine.

 

3. 4. The transfer of the patient's record done in good faith shall not render the provider liable to the patient or any other person for any consequences which resulted or may result from disclosure of the patient's record as required by this section.

 

4. 5. Effective February first of each year, the handling fee and per-page fee FEES listed in subsection 1 2 of this section shall be increased or decreased annually based on the annual percentage change in the unadjusted, U. S. city average, annual average inflation rate of the medical care component of the Consumer Price Index for All Urban Consumers (CPI-U). The current reference base of the index, as published by the Bureau of Labor Statistics of the United States Department of Labor, shall be used as the reference base. For purposes of this subsection, the annual average inflation rate shall be based on a twelve-month calendar year beginning in January and ending in December of each preceding calendar year. The department of health and senior services shall report the annual adjustment and the adjusted handling and per- page fees AUTHORIZED IN THIS SECTION on the department's Internet website by February first of each year.

 

Status:

01/13/2005 In House; Introduced and read first time

01/18/2005 In House; Read second time

02/10/2005 In House; Referred to Committee on Health Care Policy

03/02/2005 In House; Public Hearing Held; Executive Session Held HCS VOTED DO PASS

03/03/2005 In House; HCS Reported Do Pass by Consent; Referred to Committee on Rules pursuant to Rule 25(26)(f)

03/07/2005 In House; Executive Session Held SENT BACK TO COMMITTEE

03/10/2005 In House; Returned to Committee of Origin

03/14/2005 In House; Executive Session Held HCS#2 VOTED DO PASS CONSENT; HCS Reported Do Pass by Consent; Referred to Committee on Rules pursuant to Rule 25(26)(f)

03/16/2005 In House; Executive Session Held VOTED DO PASS CONSENT; Rules - Reported Do Pass by Consent NO TIME LIMIT FOR DEBATE

03/31/2005 In House; Perfected by Consent

04/04/2005 In House; Third Read and Passed AYES: 134 NOES:; Reported to the Senate and first read (S)

04/05/2005 In Senate; Second Rd/Refer: Aging,Families, Mental & Public Health (S)

04/13/2005 Public Hearing Held (S); Executive Session Held (S) SCS VOTED DO PASS CONSENT

04/14/2005 In Senate; SCS Reported Do Pass -Placed on 3rd Read Consent Calendar (S)

05/03/2005 In Senate; SCS Adopted (S); Third read and passed (S) YEAS: 31 NAYS:; Reported to the House with... (S) SCS

05/13/2005 In Senate; In House; / 1356 House concurs SCS ADOPTED AYES: 149 NOES: 0 PRESENT:; / 1356 Truly agreed to and finally passed AYES: 148 NOES: 0 PRESENT:

05/26/2005 Signed by House Speaker(H); / Signed by President Pro Tem (S); Delivered to Governor

07/12/2005 Enacted

 

Sponsor Information:

Charles R. 'Chuck' Portwood (R-Majority)

 

Sponsor:

Portwood

 

 

 

Oregon H.B. 2221

Category:

Medical Records Privacy

 

Last Action:

06/29/2005 In House; House concurred in Senate amendments and repassed bill. Ayes, 51; Absent, 1--Wirth; Excused, 1--Olson; Excused for Business of the House, 7--Avakian, Jenson, Kropf, March, Morgan, Schaufler, Smith G..

 

Synopsis:

SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Establishes Child Abuse Multidisciplinary Intervention Program in Department of Justice. Modifies requirements of programs funded by Child Abuse Multidisciplinary Intervention Program. Declares emergency, effective July 1, 2005.

 

Additional Information:

Language as Engrossed-C on June 22, 2005:

 

SECTION 19. (1) ALL INFORMATION AND RECORDS ACQUIRED BY A COUNTY MULTIDISCIPLINARY CHILD ABUSE TEAM ESTABLISHED UNDER ORS 418.747 OR A CHILD FATALITY REVIEW TEAM ESTABLISHED UNDER SECTION 20 OF THIS 2005 ACT IN THE EXERCISE OF ITS DUTIES ARE CONFIDENTIAL AND MAY BE DISCLOSED ONLY WHEN NECESSARY TO CARRY OUT THE PURPOSES OF THE CHILD ABUSE INVESTIGATION OR THE CHILD FATALITY REVIEW PROCESS.

 

(2) A MEMBER AGENCY OF A COUNTY MULTIDISCIPLINARY CHILD ABUSE TEAM OR A MEMBER OF THE TEAM MAY USE OR DISCLOSE PROTECTED HEALTH INFORMATION WITHOUT OBTAINING AN AUTHORIZATION FROM AN INDIVIDUAL OR A PERSONAL REPRESENTATIVE OF THE INDIVIDUAL IF USE OR DISCLOSURE IS NECESSARY FOR PUBLIC HEALTH PURPOSES, INCLUDING THE PREVENTION, INVESTIGATION AND TREATMENT OF CHILD ABUSE.

 

(3) A CHILD FATALITY REVIEW TEAM SHALL HAVE ACCESS TO AND SUBPOENA POWER TO OBTAIN ALL MEDICAL RECORDS, HOSPITAL RECORDS AND RECORDS MAINTAINED BY ANY STATE, COUNTY OR LOCAL AGENCY, INCLUDING, BUT NOT LIMITED TO, POLICE INVESTIGATIVE DATA, CORONER OR MEDICAL EXAMINER INVESTIGATIVE DATA AND SOCIAL SERVICES RECORDS, AS NECESSARY TO COMPLETE A CHILD ABUSE INVESTIGATION OR A REVIEW OF A SPECIFIC FATALITY UNDER SECTION 20 OF THIS 2005 ACT.

 

(4) AS USED IN THIS SECTION, 'PERSONAL REPRESENTATIVE' AND ' PROTECTED HEALTH INFORMATION' HAVE THE MEANINGS GIVEN THOSE TERMS IN ORS 192.519.

 

Status:

01/10/2005 In House; First reading. Referred to Speaker's desk.

01/17/2005 In House; Referred to Judiciary.

01/18/2005 In House; Assigned to Subcommittee On Civil Law.

01/24/2005 In House; Public Hearing and Work Session held.

03/21/2005 In House; Work Session held.; Returned to Full Committee.

04/01/2005 In House; Work Session held.

04/07/2005 In House; Recommendation: Do pass with amendments, be printed A-Engrossed, and be placed on Consent Calendar.

04/11/2005 In House; Second reading.

04/12/2005 In House; Rules suspended. Removed from Consent Calendar and rereferred to Judiciary.

04/13/2005 In House; Assigned to Subcommittee On Civil Law.

04/25/2005 In House; Public Hearing and Work Session held.; Returned to Full Committee.

04/29/2005 In House; Work Session held.

05/11/2005 In House; Recommendation: Do pass with amendments and be printed B-Engrossed.

05/13/2005 In House; Rules suspended. Carried over to May 16, 2005 Calendar.

05/16/2005 In House; Rules suspended. Carried over to May 17, 2005 Calendar.

05/17/2005 In House; Third reading. Carried by Ackerman. Passed. Ayes, 55; Excused, 4--Berger, Boone, Lim, Tomei; Excused for Business of the House, 1--Speaker Minnis.

05/18/2005 In Senate; First reading. Referred to President's desk.

05/24/2005 In Senate; Referred to Judiciary.

06/02/2005 In Senate; Public Hearing held.

06/14/2005 In Senate; Work Session held.

06/22/2005 In Senate; Recommendation: Do pass with amendments to the B-Eng. bill. (Printed C-Eng.)

06/23/2005 In Senate; Second reading.

06/24/2005 In Senate; Carried over to 06-27 by unanimous consent.

06/27/2005 In Senate; Third reading. Carried by Walker. Passed. Ayes, 29; Excused, 1--Carter.

06/29/2005 In House; House concurred in Senate amendments and repassed bill. Ayes, 51; Absent, 1--Wirth; Excused, 1--Olson; Excused for Business of the House, 7--Avakian, Jenson, Kropf, March, Morgan, Schaufler, Smith G..

 

Sponsor Information:

Karen Minnis (R-Majority)

 

Sponsor:

Minnis

 

 

 

Oregon S.B. 585

Category:

Medical Records Privacy

 

Last Action:

07/07/2005 In Senate; Governor signed.

 

Synopsis:

Prohibits insurers offering motor vehicle liability policies from entering into or renewing any contract that provides or has effect of providing managed care services to beneficiaries; permits insurers to contract for evaluation services; modifies provisions regarding hospital and medical services liens on amounts payable under insurance policies.

 

Additional Information:

Language as Enacted on July 7, 2005:

 

SECTION 1. SECTION 2 OF THIS 2005 ACT IS ADDED TO AND MADE A PART OF ORS 742.520 TO 742.542.

 

SECTION 2. AS USED IN ORS 742.520 TO 742.542:

 

(1) 'EVALUATION SERVICES' MEANS PHYSICAL EXAMINATIONS OR REVIEWS OF MEDICAL RECORDS OF BENEFICIARIES CONDUCTED AT THE REQUEST OF AN INSURER BY EITHER AN EMPLOYEE OF THE INSURER OR A THIRD-PARTY MEDICAL RECORD OR BILL REVIEW SERVICE TO DETERMINE WHETHER THE PROVISION OR CONTINUATION OF MEDICAL SERVICES IS NECESSARY OR REASONABLE.

 

SECTION 3. ORS 742.520 is amended to read:

 

742.520.

 

(7) AN INSURER:

 

(A) MAY NOT ENTER INTO OR RENEW ANY CONTRACT THAT PROVIDES, OR HAS THE EFFECT OF PROVIDING, MANAGED CARE SERVICES TO BENEFICIARIES.

 

(B) MAY ENTER INTO OR RENEW ANY CONTRACT THAT PROVIDES EVALUATION SERVICES FOR BENEFICIARIES.

 

Status:

02/14/2005 In Senate; Introduction and first reading. Referred to President's desk.

02/15/2005 In Senate; Referred to Business and Economic Development.

03/22/2005 In Senate; Public Hearing and Work Session held.

03/29/2005 In Senate; Recommendation: Do pass with amendments. (Printed A-Eng.)

03/30/2005 In Senate; Second reading.

03/31/2005 In Senate; Taken from 03-31Calendar and placed on 04-04 Calendar on voice vote.

04/04/2005 In Senate; Carried over to 04-05 by unanimous consent.

04/05/2005 In Senate; Third reading. Carried by Monnes Anderson. Passed. Ayes, 25; Nays, 3--Johnson, Kruse, Schrader; Excused, 1--Winters; Attending Legislative Business, 1--Beyer.

04/06/2005 In House; First reading. Referred to Speaker's desk.

04/07/2005 In House; Referred to Business, Labor and Consumer Affairs.

06/01/2005 In House; Public Hearing and Work Session held.

06/07/2005 In House; Recommendation: Do pass with amendments and be printed B-Engrossed.

06/09/2005 In House; Second reading.

06/10/2005 In House; Rules suspended. Carried over to June 13, 2005 Calendar.

06/13/2005 In House; Rules suspended. Carried over to June 14, 2005 Calendar.

06/14/2005 In House; Rules suspended. Carried over to June 15, 2005 Calendar.

06/15/2005 In House; Third reading. Carried by Kitts. Passed. Ayes, 53; Nays, 1--Nelson; Excused, 4--Beyer, Hass, Lim, Speaker Minnis; Excused for Business of the House, 2--Morgan, Scott.

06/20/2005 In Senate; Senate concurred in House amendments and repassed bill. Ayes, 21; Nays, 7--Beyer, Ferrioli, George, Johnson, Kruse, Schrader, Verger; Absent, 1--Ringo; Excused, 1--Starr, C.

06/23/2005 In Senate; President signed.

06/28/2005 In House; Speaker signed.

07/07/2005 In Senate; Governor signed.

 

Sponsor:

Senate Committee on Commerce

 

 

 

Rhode Island H.B. 5949

Category:

Medical Records Privacy

 

Last Action:

07/08/2005 Signed by Governor

 

Synopsis:

Establishes provisions and protections for the peer review of the services provided by emergency medical technicians.

 

Additional Information:

Language as Enacted on July 8, 2005:

 

SECTION 1. Chapter 23-4.1 of the General Laws entitled "Emergency Medical Transportation Services" is hereby amended by adding thereto the following section: 23-4.1-18. PEER REVIEW BOARDS -- DEFINITION, ACTIVITIES AND IMMUNITIES. - (A) FOR THE PURPOSES OF THIS CHAPTER, "PEER REVIEW BOARD" MEANS ANY COMMITTEE OF A STATE OR LOCAL PROFESSIONAL ASSOCIATION OR SOCIETY, OR ANY COMMITTEE AUTHORIZED BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH, OR A COMMITTEE OF ANY LICENSED EMERGENCY MEDICAL SERVICE EMPLOYING PRACTICING LICENSED EMERGENCY MEDICAL PERSONNEL, ORGANIZED FOR THE PURPOSE OF FURNISHING EMERGENCY MEDICAL SERVICES, THE FUNCTION OF WHICH, OR ONE OF THE FUNCTIONS OF WHICH, IS TO EVALUATE AND IMPROVE THE QUALITY OF HEALTH CARE RENDERED BY PROVIDERS OF HEALTH CARE SERVICE OR TO DETERMINE THAT HEALTH CARE SERVICES RENDERED WERE PROFESSIONALLY INDICATED OR WERE PERFORMED IN COMPLIANCE WITH THE APPLICABLE STANDARD OF CARE OR THAT THE COST OF HEALTH CARE RENDERED WAS CONSIDERED REASONABLE BY THE PROVIDERS OF PROFESSIONAL HEALTH CARE SERVICES IN THE AREA.

 

(B) THE PROCEEDINGS AND ASSOCIATED RECORDS OF PEER REVIEW BOARDS SHALL NOT BE SUBJECT TO DISCOVERY OR BE ADMISSIBLE IN EVIDENCE IN ANY CASE EXCEPT LITIGATION ARISING OUT OF THE IMPOSITION OF SANCTIONS UPON A EMERGENCY MEDICAL TECHNICIAN. HOWEVER, ANY IMPOSITION OR NOTICE OF A RESTRICTION OF PRIVILEGES, OR A REQUIREMENT OF SUPERVISION IMPOSED ON AN EMERGENCY MEDICAL TECHNICIAN FOR FAILURE TO COMPLY WITH THE PROVISIONS OR STANDARDS OF THIS CHAPTER, AND ANY REGULATIONS PROMULGATED PURSUANT TO SECTION 23-4.1-10, SHALL BE SUBJECT TO DISCOVERY AND BE ADMISSIBLE IN ANY PROCEEDING AGAINST THE EMERGENCY MEDICAL TECHNICIAN FOR PERFORMING, OR AGAINST ANY LICENSED EMERGENCY MEDICAL SERVICE WHICH ALLOWS THE EMERGENCY MEDICAL TECHNICIAN TO PERFORM, THE PROCEDURES WHICH ARE THE SUBJECT OF THE RESTRICTION OR SUPERVISION DURING THE PERIOD OF THE RESTRICTION OR SUPERVISION, OR SUBSEQUENT TO THAT PERIOD. NOTHING CONTAINED IN THIS SECTION SHALL APPLY TO RECORDS MADE IN THE REGULAR COURSE OF BUSINESS BY AN EMERGENCY MEDICAL SERVICE OR OTHER PROVIDER OF HEALTH CARE INFORMATION. DOCUMENTS OR RECORDS OTHERWISE AVAILABLE FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS IMMUNE FROM DISCOVERY OR USE IN ANY CIVIL PROCEEDINGS MERELY BECAUSE THEY WERE PRESENTED DURING THE PROCEEDINGS OF THE COMMITTEE.

 

(C) THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE OF ACTION FOR DAMAGES SHALL ARISE, AGAINST ANY MEMBER OF A DULY APPOINTED PEER REVIEW BOARD OPERATED PURSUANT TO WRITTEN BYLAWS, FOR ANY ACT OR PROCEEDING UNDERTAKEN OR PERFORMED WITHIN THE SCOPE OF THE FUNCTIONS OF ANY PEER REVIEW BOARD.

 

(D) THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE OF ACTION FOR DAMAGES SHALL ARISE AGAINST, ANY PERSON ON ACCOUNT OF THE COMMUNICATION OF INFORMATION TO ANY PEER REVIEW BOARD OR THE DEPARTMENT OF HEALTH OR THE AMBULANCE SERVICE ADVISORY BOARD, WHEN THE COMMUNICATION IS INTENDED TO AID IN THE EVALUATION OF THE QUALIFICATIONS, FITNESS, OR CHARACTER OF AN EMERGENCY MEDICAL TECHNICIAN, AND DOES NOT REPRESENT AS TRUE ANY MATTER NOT REASONABLY BELIEVED TO BE TRUE.

 

(E) ANY PEER REVIEW PROCESSES AUTHORIZED BY STATUTE AND CARRIED OUT IN GOOD FAITH SHALL HAVE THE BENEFIT OF THE STATE ACTION EXEMPTION TO THE STATE ANTITRUST LAW.

 

SECTION 2. This act shall take effect upon passage.

 

Status:

03/01/2005 Introduced, referred to House Health, Education & Welfare

03/09/2005 Scheduled for hearing; Continued

04/14/2005 Committee recommended measure be held for further study

06/28/2005 Scheduled for hearing and/or consideration; Committee recommends passage of Sub A

06/30/2005 House passed Sub A

07/01/2005 Senate passed Sub A in concurrence

07/05/2005 Transmitted to Governor

07/08/2005 Signed by Governor

 

Sponsor:

Susan A. Story (R-Minority)

 

 

 

Rhode Island S.B. 562

Category:

Medical Records Privacy

 

Last Action:

07/08/2005 Signed by Governor

 

Synopsis:

Establishes provisions and protections for peer review of the services provided by Emergency Medical Technicians.

 

Additional Information:

Language as Enacted on July 8, 2005:

 

SECTION 1. Chapter 23-4.1 of the General Laws entitled "Emergency Medical Transportation Services" is hereby amended by adding thereto the following section: 23-4.1-18. PEER REVIEW BOARDS -- DEFINITION, ACTIVITIES AND IMMUNITIES. - (A) FOR THE PURPOSES OF THIS CHAPTER, "PEER REVIEW BOARD" MEANS ANY COMMITTEE OF A STATE OR LOCAL PROFESSIONAL ASSOCIATION OR SOCIETY OR ANY COMMITTEE AUTHORIZED BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH, OR A COMMITTEE OF ANY LICENSED EMERGENCY MEDICAL SERVICE EMPLOYING PRACTICING LICENSED EMERGENCY MEDICAL PERSONNEL, ORGANIZED FOR THE PURPOSE OF FURNISHING EMERGENCY MEDICAL SERVICES, THE FUNCTION OF WHICH, OR ONE OF THE FUNCTIONS OF WHICH, IS TO EVALUATE AND IMPROVE THE QUALITY OF HEALTH CARE RENDERED BY PROVIDERS OF HEALTH CARE SERVICE OR TO DETERMINE THAT HEALTH CARE SERVICES RENDERED WERE PROFESSIONALLY INDICATED OR WERE PERFORMED IN COMPLIANCE WITH THE APPLICABLE STANDARD OF CARE OR THAT THE COST OF HEALTH CARE RENDERED WAS CONSIDERED REASONABLE BY THE PROVIDERS OF PROFESSIONAL HEALTH CARE SERVICES IN THE AREA.

 

(B) THE PROCEEDINGS AND ASSOCIATED RECORDS OF PEER REVIEW BOARDS SHALL NOT BE SUBJECT TO DISCOVERY OR BE ADMISSIBLE IN EVIDENCE IN ANY CASE EXCEPT LITIGATION ARISING OUT OF THE IMPOSITION OF SANCTIONS UPON A EMERGENCY MEDICAL TECHNICIAN. HOWEVER, ANY IMPOSITION OR NOTICE OF A RESTRICTION OF PRIVILEGES, OR A REQUIREMENT OF SUPERVISION IMPOSED ON AN EMERGENCY MEDICAL TECHNICIAN FOR FAILURE TO COMPLY WITH THE PROVISIONS OR STANDARDS OF THIS CHAPTER, AND ANY REGULATIONS PROMULGATED PURSUANT TO SECTION 23-4.1-10, SHALL BE SUBJECT TO DISCOVERY AND BE ADMISSIBLE IN ANY PROCEEDING AGAINST THE EMERGENCY MEDICAL TECHNICIAN FOR PERFORMING, OR AGAINST ANY LICENSED EMERGENCY MEDICAL SERVICE WHICH ALLOWS THE EMERGENCY MEDICAL TECHNICIAN TO PERFORM, THE PROCEDURES WHICH ARE THE SUBJECT OF THE RESTRICTION OR SUPERVISION DURING THE PERIOD OF THE RESTRICTION OR SUPERVISION, OR SUBSEQUENT TO THAT PERIOD. NOTHING CONTAINED IN THIS SECTION SHALL APPLY TO RECORDS MADE IN THE REGULAR COURSE OF BUSINESS BY AN EMERGENCY MEDICAL SERVICE OR OTHER PROVIDER OF HEALTH CARE INFORMATION. DOCUMENTS OR RECORDS OTHERWISE AVAILABLE FROM ORIGINAL SOURCES ARE NOT TO BE CONSTRUED AS IMMUNE FROM DISCOVERY OR USE IN ANY CIVIL PROCEEDINGS MERELY BECAUSE THEY WERE PRESENTED DURING THE PROCEEDINGS OF THE COMMITTEE.

 

(C) THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE OF ACTION FOR DAMAGES SHALL ARISE, AGAINST ANY MEMBER OF A DULY APPOINTED PEER REVIEW BOARD OPERATED PURSUANT TO WRITTEN BYLAWS, FOR ANY ACT OR PROCEEDING UNDERTAKEN OR PERFORMED WITHIN THE SCOPE OF THE FUNCTIONS OF ANY PEER REVIEW BOARD.

 

(D) THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE OF ACTION FOR DAMAGES SHALL ARISE AGAINST, ANY PERSON ON ACCOUNT OF THE COMMUNICATION OF INFORMATION TO ANY PEER REVIEW BOARD OR THE DEPARTMENT OF HEALTH OR THE AMBULANCE SERVICE ADVISORY BOARD, WHEN THE COMMUNICATION IS INTENDED TO AID IN THE EVALUATION OF THE QUALIFICATIONS, FITNESS, OR CHARACTER OF AN EMERGENCY MEDICAL TECHNICIAN, AND DOES NOT REPRESENT AS TRUE ANY MATTER NOT REASONABLY BELIEVED TO BE TRUE.

 

(E) ANY PEER REVIEW PROCESSES AUTHORIZED BY STATUTE AND CARRIED OUT IN GOOD FAITH SHALL HAVE THE BENEFIT OF THE STATE ACTION EXEMPTION TO THE STATE ANTITRUST LAW.

 

SECTION 2. This act shall take effect upon passage.

 

Status:

02/10/2005 Introduced, referred to Senate Health and Human Services

03/02/2005 Scheduled for hearing and/or consideration; Continued

05/04/2005 Scheduled for hearing and/or consideration; Committee recommends passage

05/12/2005 Senate read and passed; Referred to House Health, Education & Welfare

06/08/2005 Scheduled for hearing; Continued

06/28/2005 Scheduled for hearing and/or consideration; Committee recommends passage of Sub A

06/30/2005 House passed Sub A

07/01/2005 Senate passed Sub A in concurrence

07/05/2005 Transmitted to Governor

07/08/2005 Signed by Governor

 

Sponsor:

Leo R. Blais (R-Minority)

 

 


 

Regulatory Report

 

 

NEW YORK

Title:

HEALTH PROVIDER NETWORK ACCESS AND REPORTING STATE ID: HLT-05-05-00005

 

Agency:

Department of Health

 

Summary:

Establishes regulations relating to health provider network access and

reporting requirements. Requires adult homes, enriched housing programs and

residences for adults to establish and maintain Health provider Network (HPN)

accounts with the Department of Health for the purpose of exchanging information

with the department in a rapid, efficient manner in times of emergencies or

urgent matters.

 

Agency Contact:

William Johnson, Department of Health, Division of Legal

Affairs, Office of Regulatory Reform, Corning Tower, Rm. 2415, Empire State

Plaza, Albany, NY 12237, 518-473-7488, fax: 518-486- 4834, email:

regsqna@health.state ny.us

 

Citation:

Title 18 NYCRR 487.12, 488.12, 490.12

 

Status:

01/14/2005 No published proposal

01/14/2005 Emergency Rule Adoption EFFECTIVE DATE: 01/14/2005 EXPIRATION DATE: 04/13/2005

04/14/2005 Emergency Rule Extension EFFECTIVE DATE: 04/14/2005 EXPIRATION DATE: 07/12/2005

07/06/2005 Proposed Rule

 

Comment Deadline:

08/20/2005

 

Effective Date:

01/14/2005

EXPIRATION DATE: 04/13/2005

04/14/2005 Emergency Rule Extension

EFFECTIVE DATE: 04/14/2005

EXPIRATION DATE: 07/12/2005

07/06/2005 Proposed Rule

COMMENT DEADLINE: 08/20/2005

 

 

 

NEW YORK

Title:

EMPLOYEE RECORDS STATE ID: COR-15-05-00001

 

Agency:

Department of Correctional Services

 

Agency Contact:

Anthony J. Annucci, Deputy Commissioner and Counsel, Department

of Correctional Services, Bldg. 2, State Campus, Albany, NY 12226-2050,

518-457-4951

 

Citation:

Title 7 NYCRR 530(b)

 

Status:

04/13/2005 Proposed Rule

 

Comment Deadline:

05/28/2005

06/16/2005 Rule Adoption

 

Effective Date:

07/06/2005

 

 

 

WASHINGTON

Title:

MAINTENANCE AND RETENTION OF RECORDS STATE ID: 05-13-187

 

Agency:

Department of Health

 

Summary:

Establishes rules concerning maintenance and retention of records.

Specifies establishing standards reflective of today's practice and ensuring

consumers appropriate access to these records.

 

Agency Contact:

Janice K. Boden, Program Manager, Department of Health, P.O.

Box 47869, Olympia, WA 98504-7869, janice.boden@doh.wa.gov, (360) 236-4912, fax:

(360) 236-4909.

 

Citation:

WAC 249-924-354

 

Status:

02/10/2003 Preproposal

06/22/2005 Proposed Rule