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Association of Health Information Outsourcing Services

07/13/2005 - 07/20/2005

 

New Legislative Entries

 

Minnesota H.B. 139A

Category:

Medical Records Privacy

 

Last Action:

07/14/2005 Filed with Secretary of State. Chapter No. 4

 

Synopsis:

Relates to the operation of state government; makes changes to health and human services programs; modifies human services policy; modifies health policy; changes licensing provisions; changes provisions for mental and chemical health; establishes treatment foster care and transitional youth intensive rehab mental health services; enhances family support; provides training for child care providers and hospitals on dangers of shaking infants and children.

 

Additional Information:

Language as Enacted on July 14, 2005 :

 

ARTICLE 6

 

HEALTH DEPARTMENT

 

Section 1. (62J.495) ( HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE ADVISORY COMMITTEE.)

 

SUBDIVISION 1. (ESTABLISHMENT; MEMBERS; DUTIES.) (A) THE COMMISSIONER SHALL ESTABLISH A HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE ADVISORY COMMITTEE GOVERNED BY SECTION 15.059 TO ADVISE THE COMMISSIONER ON THE FOLLOWING MATTERS:

 

(1) ASSESSMENT OF THE USE OF HEALTH INFORMATION TECHNOLOGY BY THE STATE, LICENSED HEALTH CARE PROVIDERS AND FACILITIES, AND LOCAL PUBLIC HEALTH AGENCIES;

 

(2) RECOMMENDATIONS FOR IMPLEMENTING A STATEWIDE INTEROPERABLE HEALTH INFORMATION INFRASTRUCTURE, TO INCLUDE ESTIMATES OF NECESSARY RESOURCES, AND FOR DETERMINING STANDARDS FOR ADMINISTRATIVE DATA EXCHANGE, CLINICAL SUPPORT PROGRAMS, PATIENT PRIVACY REQUIREMENTS, AND MAINTENANCE OF THE SECURITY AND CONFIDENTIALITY OF INDIVIDUAL PATIENT DATA; AND

 

(3) OTHER RELATED ISSUES AS REQUESTED BY THE COMMISSIONER.

 

(B) THE MEMBERS OF THE HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE ADVISORY COMMITTEE SHALL INCLUDE THE COMMISSIONERS, OR COMMISSIONERS' DESIGNEES, OF HEALTH, HUMAN SERVICES, ADMINISTRATION, AND COMMERCE AND ADDITIONAL MEMBERS TO BE APPOINTED BY THE COMMISSIONER TO INCLUDE PERSONS REPRESENTING MINNESOTA'S LOCAL PUBLIC HEALTH AGENCIES, LICENSED HOSPITALS AND OTHER LICENSED FACILITIES AND PROVIDERS, PRIVATE PURCHASERS, THE MEDICAL AND NURSING PROFESSIONS, HEALTH INSURERS AND HEALTH PLANS, THE STATE QUALITY IMPROVEMENT ORGANIZATION, ACADEMIC AND RESEARCH INSTITUTIONS, CONSUMER ADVISORY ORGANIZATIONS WITH AN INTEREST AND EXPERTISE IN HEALTH INFORMATION TECHNOLOGY, AND OTHER STAKEHOLDERS AS IDENTIFIED BY THE HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE ADVISORY COMMITTEE.

 

SUBD. 2. (ANNUAL REPORT.) THE COMMISSIONER SHALL PREPARE AND ISSUE AN ANNUAL REPORT NOT LATER THAN JANUARY 30 OF EACH YEAR OUTLINING PROGRESS TO DATE IN IMPLEMENTING A STATEWIDE HEALTH INFORMATION INFRASTRUCTURE AND RECOMMENDING FUTURE PROJECTS.

 

SUBD. 3. (EXPIRATION.) NOTWITHSTANDING SECTION 15.059, THIS SECTION EXPIRES JUNE 30, 2009 .

 

(EFFECTIVE DATE.) THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL ENACTMENT.

 

 

 

Sec. 53. (PUBLIC HEALTH INFORMATION NETWORK.)

 

(A) THE COMMISSIONER OF HEALTH SHALL WORK WITH LOCAL PUBLIC HEALTH DEPARTMENTS TO DEVELOP A PUBLIC HEALTH INFORMATION NETWORK. THE DEVELOPMENT OF THE NETWORK MUST BE CONSISTENT WITH THE RECOMMENDATIONS, GOALS, AND STRATEGIES OF THE MINNESOTA PUBLIC HEALTH INFORMATION NETWORK REPORT TO THE 2005 LEGISLATURE AND THE E- HEALTH INITIATIVE.

 

(B) THE COMMISSIONER OF HEALTH SHALL WORK WITH THE COMMISSIONER OF HUMAN SERVICES TO DETERMINE HOW DATA FROM CARE SYSTEMS CAN BE UTILIZED TO ASSIST WITH POPULATION HEALTH NEEDS ASSESSMENTS AND TARGETED PREVENTION EFFORTS.

 

(C) BEFORE THE NEXT BIENNIUM, THE COMMISSIONER OF HEALTH SHALL SUBMIT TO THE LEGISLATURE A STATUS REPORT ON THE PROGRESS OF THE INFORMATION NETWORK AND THE E- HEALTH INITIATIVE.

 

(EFFECTIVE DATE.) THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL ENACTMENT.

 

Sec. 54. (REPORT TO LEGISLATURE ON SWING BED USAGE.)

 

THE COMMISSIONER OF HEALTH SHALL REVIEW SWING BED AND RELATED DATA REPORTED UNDER MINNESOTA STATUTES, SECTIONS 144.562, SUBDIVISION 3, PARAGRAPH (F); 144.564; AND 144.698. THE COMMISSIONER SHALL REPORT AND MAKE ANY APPROPRIATE RECOMMENDATIONS TO THE LEGISLATURE BY JANUARY 31, 2007 , ON:

 

(1) THE USE OF SWING BED DAYS BY ALL HOSPITALS AND BY CRITICAL ACCESS HOSPITALS;

 

(2) OCCUPANCY RATES IN SKILLED NURSING FACILITIES WITHIN 25 MILES OF HOSPITALS WITH SWING BEDS; AND

 

(3) INFORMATION PROVIDED BY RURAL PROVIDERS ON THE USE OF SWING BEDS AND THE ADEQUACY OF RURAL SERVICES ACROSS THE CONTINUUM OF CARE.

 

(EFFECTIVE DATE.) THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL ENACTMENT.

 

Sec. 55. (IMPLEMENTATION OF AN ELECTRONIC HEALTH RECORDS SYSTEM.)

 

THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE ELECTRONIC HEALTH RECORD PLANNING WORK GROUP ESTABLISHED IN LAWS 2004, CHAPTER 288, ARTICLE 7, SECTION 7, SHALL DEVELOP A STATEWIDE PLAN FOR ALL HOSPITALS AND PHYSICIAN GROUP PRACTICES TO HAVE IN PLACE AN INTEROPERABLE ELECTRONIC HEALTH RECORDS SYSTEM BY JANUARY 1, 2015. IN DEVELOPING THE PLAN, THE COMMISSIONER SHALL CONSIDER:

 

(1) CREATING FINANCIAL ASSISTANCE TO HOSPITALS AND PROVIDERS FOR IMPLEMENTING OR UPDATING AN ELECTRONIC HEALTH RECORDS SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE ESTABLISHMENT OF GRANTS, FINANCIAL INCENTIVES, OR LOW-INTEREST LOANS;

 

(2) ADDRESSING SPECIFIC NEEDS AND CONCERNS OF SAFETY-NET HOSPITALS, COMMUNITY HEALTH CLINICS, AND OTHER HEALTH CARE PROVIDERS WHO SERVE LOW-INCOME PATIENTS IN IMPLEMENTING AN ELECTRONIC RECORDS SYSTEM WITHIN THE HOSPITAL OR PRACTICE; AND

 

(3) PROVIDING ASSISTANCE IN THE DEVELOPMENT OF POSSIBLE ALLIANCES OR COLLABORATIONS AMONG PROVIDERS.

 

THE COMMISSIONER SHALL PROVIDE PRELIMINARY REPORTS TO THE CHAIRS OF THE SENATE AND HOUSE COMMITTEES WITH JURISDICTION OVER HEALTH CARE POLICY AND FINANCE BIENNIALLY BEGINNING JANUARY 15, 2007, ON THE STATUS OF REACHING THE GOAL FOR ALL HOSPITALS AND PHYSICIAN GROUP PRACTICES TO HAVE AN INTEROPERABLE ELECTRONIC HEALTH RECORDS SYSTEM IN PLACE BY JANUARY 1, 2015. THE REPORTS SHALL INCLUDE RECOMMENDATIONS ON STATUTORY LANGUAGE NECESSARY TO IMPLEMENT THE PLAN, INCLUDING POSSIBLE FINANCING OPTIONS.

 

(EFFECTIVE DATE.) THIS SECTION IS EFFECTIVE THE DAY FOLLOWING FINAL ENACTMENT.

 

Status:

07/13/2005 INTRODUCED.

07/13/2005 Amended on HOUSE floor.

07/13/2005 Passed HOUSE. *****To SENATE.

07/13/2005 Passed SENATE.

07/14/2005 *****To GOVERNOR.

07/14/2005 Signed by GOVERNOR.

07/14/2005 Filed with Secretary of State. Chapter No. 4

 

Political Intelligence:

Francis 'Fran' Bradley (R-Majority)

 

Sponsor:

Bradley

 

 


 

Legislative Movement

 

 

Connecticut H.B. 6713

Category:

Medical Records Privacy

 

Last Action:

07/13/2005 Signed by the Governor

 

Synopsis:

The bill requires each licensed health care institution ceasing operations to give DPH, at the time it turns over its license to the department, a certified document specifying its where patient records will be stored and the procedures for patients, former patients, and authorized representatives to access them. Under current law, the Department of Consumer Protection must adopt regulations governing its approval of electronic data intermediaries that include procedures these intermediaries must use to transmit and keep prescription data and the mechanisms they must use to safeguard data confidentiality. The bill specifies that the regulations ensure that these procedures and mechanisms are consistent with the law's purposes. Electronic data intermediaries provide the computer infrastructure that connects prescribers with pharmacies.

 

Additional Information:

Language as Enacted on July 13, 2005:

 

Sec. 5. Section 19a-490b of the general statutes is amended by adding subsection (e) as follows (Effective October 1, 2005):

 

(NEW) (e) Each institution licensed pursuant to this chapter that ceases to operate shall, at the time it relinquishes its license to the department, provide to the department a certified document specifying the location at which patient health records will be stored and the procedure that has been established for patients, former patients or their authorized representatives to secure access to such health records.

 

Sec. 44. Section 17b-242 of the general statutes, as amended by section 1 of public act 05-118, is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

 

(F) IF THE ELECTRONIC RECORD OR SIGNATURE THAT HAS BEEN TRANSMITTED TO A HOME HEALTH CARE AGENCY OR HOMEMAKER-HOME HEALTH AIDE AGENCY IS ILLEGIBLE OR THE DEPARTMENT IS UNABLE TO DETERMINE THE VALIDITY OF SUCH ELECTRONIC RECORD OR SIGNATURE, THE DEPARTMENT SHALL REVIEW ADDITIONAL EVIDENCE OF THE ACCURACY OR VALIDITY OF THE RECORD OR SIGNATURE, INCLUDING, BUT NOT LIMITED TO, (1) THE ORIGINAL OF THE RECORD OR SIGNATURE, OR (2) A WRITTEN STATEMENT, MADE UNDER PENALTY OF FALSE STATEMENT, FROM (A) THE LICENSED PHYSICIAN OR LICENSED PRACTITIONER OF A HEALTH CARE PROFESSION WHO SIGNED SUCH RECORD, OR (B) IF SUCH LICENSED PHYSICIAN OR LICENSED PRACTITIONER OF A HEALTH CARE PROFESSION IS UNAVAILABLE, THE MEDICAL DIRECTOR OF THE AGENCY VERIFYING THE ACCURACY OR VALIDITY OF SUCH RECORD OR SIGNATURE, AND THE DEPARTMENT SHALL MAKE A DETERMINATION WHETHER THE ELECTRONIC RECORD OR SIGNATURE IS VALID.

 

Status:

02/16/2005 Referred to Joint Committee on Public Health Co-sponsors of HB-6713 Rep. Julia B. Wasserman, 106th Dist. Rep. Richard O. Belden, 113th Dist. Sen. Gayle Slossberg, 14th Dist.

03/17/2005 Public Hearing 03/21

04/04/2005 (LCO) Filed with Legislative Commissioners' Office; Committee on Public Health Joint Favorable Substitute

04/14/2005 (LCO) Referred to Office of Legislative Research and Office of Fiscal Analysis 04/19/05 5:00 PM

04/20/2005 (LCO) File Number 465; House Calendar Number 342; Favorable Report, Tabled for the Calendar, House; (LCO) Reported Out of Legislative Commissioners' Office

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

04/29/2005 Committee on Judiciary Joint Favorable

05/02/2005 Tabled for the Calendar, House; No New File by Committee on Judiciary; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office

05/04/2005 Referred by House to Committee on Higher Education and Employment Advancement

05/10/2005 Committee on Higher Education and Employment Advancement Joint Favorable

05/13/2005 Tabled for the Calendar, House; No New File by Committee on Higher Education and Employment Advancement; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office

05/17/2005 Referred by House to Committee on Planning and Development

05/23/2005 Tabled for the Calendar, House; No New File by Committee on Planning and Development; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Committee on Planning and Development Joint Favorable

05/25/2005 Referred by House to Committee on Education

05/31/2005 Tabled for the Calendar, House; No New File by Committee on Education; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Committee on Education Joint Favorable

06/01/2005 Referred by House to Committee on Human Services

06/03/2005 Tabled for the Calendar, House; No New File by Committee on Human Services; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Committee on Human Services Joint Favorable

06/07/2005 Transmitted Pursuant to the Joint Rules; House Passed as Amended by House Amendment Schedule A; House Adopted House Amendment Schedule A 7922; Senate Calendar Number 643; Favorable Report, Tabled for the Calendar, Senate

06/08/2005 In Concurrence; Senate Passed as Amended by House Amendment Schedule A; Senate Adopted House Amendment Schedule A; Rules Suspended

06/27/2005 (LCO) Public Act 05-272

06/29/2005 Transmitted to the Secretary of State

07/13/2005 Signed by the Governor

 

Sponsor Information:

Joint Committee on Public Health

 

Sponsor:

Joint Committee on Public Health

 

 

 

Connecticut S.B. 1052

Category:

Medical Records Privacy

 

Last Action:

07/13/2005 Signed by the Governor

 

Synopsis:

The bill requires that, in medical malpractice cases, an offer of compromise must specify all damages then known to the plaintiff or his attorney when the offer is made. At least sixty days before filing the offer, the plaintiff or his attorney must provide the defendant or his attorney with an authorization to disclose medical records that meets federal health care privacy provisions under the Health Insurance Portability and Accountability Act of 1996 (also known as HIPAA), and disclose all expert witnesses who will testify as to the prevailing professional standard of care. The plaintiff must file with the court a certification that the plaintiff has provided each defendant or his attorney with all documentation supporting the damages.

 

Additional Information:

Language as Enacted on July 13, 2005:

 

Sec. 4. Section 52-192a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005, and applicable to actions accruing on or after said date):

 

(B) IN THE CASE OF ANY ACTION TO RECOVER DAMAGES RESULTING FROM PERSONAL INJURY OR WRONGFUL DEATH, WHETHER IN TORT OR IN CONTRACT, IN WHICH IT IS ALLEGED THAT SUCH INJURY OR DEATH RESULTED FROM THE NEGLIGENCE OF A HEALTH CARE PROVIDER, AN OFFER OF COMPROMISE PURSUANT TO SUBSECTION (A) OF THIS SECTION SHALL STATE WITH SPECIFICITY ALL DAMAGES THEN KNOWN TO THE PLAINTIFF OR THE PLAINTIFF'S ATTORNEY UPON WHICH THE ACTION IS BASED. AT LEAST SIXTY DAYS PRIOR TO FILING SUCH AN OFFER, THE PLAINTIFF OR THE PLAINTIFF'S ATTORNEY SHALL PROVIDE THE DEFENDANT OR THE DEFENDANT'S ATTORNEY WITH AN AUTHORIZATION TO DISCLOSE MEDICAL RECORDS THAT MEETS THE PRIVACY PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (P.L. 104-191) (HIPAA), AS AMENDED FROM TIME TO TIME, OR REGULATIONS ADOPTED THEREUNDER, AND DISCLOSE ANY AND ALL EXPERT WITNESSES WHO WILL TESTIFY AS TO THE PREVAILING PROFESSIONAL STANDARD OF CARE. THE PLAINTIFF SHALL FILE WITH THE COURT A CERTIFICATION THAT THE PLAINTIFF HAS PROVIDED EACH DEFENDANT OR SUCH DEFENDANT'S ATTORNEY WITH ALL DOCUMENTATION SUPPORTING SUCH DAMAGES.

 

Sec. 14. Section 38a-395 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2006):

 

(E) THE INSURANCE COMMISSIONER SHALL PROVIDE THE COMMISSIONER OF PUBLIC HEALTH WITH ELECTRONIC ACCESS TO ALL INFORMATION RECEIVED PURSUANT TO THIS SECTION. THE COMMISSIONER OF PUBLIC HEALTH SHALL MAINTAIN THE CONFIDENTIALITY OF SUCH INFORMATION IN THE SAME MANNER AND TO THE SAME EXTENT AS REQUIRED FOR THE INSURANCE COMMISSIONER.

 

Sec. 20. Section 20-13b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

 

The Commissioner of Public Health, with advice and assistance from the board, may establish such regulations in accordance with chapter 54 SHALL ESTABLISH GUIDELINES as may be necessary to carry out the provisions of sections 20-13a to 20-13i, inclusive , AS AMENDED BY THIS ACT. NOT LATER THAN JANUARY 1, 2006, SUCH GUIDELINES SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:

 

(1) GUIDELINES FOR SCREENING COMPLAINTS RECEIVED TO DETERMINE WHICH COMPLAINTS WILL BE INVESTIGATED;

 

(2) GUIDELINES TO PROVIDE A BASIS FOR PRIORITIZING THE ORDER IN WHICH COMPLAINTS WILL BE INVESTIGATED; (3) A SYSTEM FOR CONDUCTING INVESTIGATIONS TO ENSURE PROMPT ACTION WHEN IT APPEARS NECESSARY;

 

(4) GUIDELINES TO DETERMINE WHEN AN INVESTIGATION SHOULD BE BROADENED BEYOND THE SCOPE OF THE INITIAL COMPLAINT TO INCLUDE, BUT NOT BE LIMITED TO, SAMPLING PATIENT RECORDS TO IDENTIFY PATTERNS OF CARE, REVIEWING OFFICE PRACTICES AND PROCEDURES, AND REVIEWING PERFORMANCE AND DISCHARGE DATA FROM HOSPITALS; AND

 

(5) GUIDELINES TO PROTECT AND ENSURE THE CONFIDENTIALITY OF PATIENT AND PROVIDER IDENTIFIABLE INFORMATION WHEN AN INVESTIGATION IS BROADENED BEYOND THE SCOPE OF THE INITIAL COMPLAINT. SUCH GUIDELINES SHALL NOT BE CONSIDERED REGULATIONS, AS DEFINED IN SECTION 4-166 .

 

Status:

02/10/2005 Referred to Joint Committee on Judiciary Co-sponsors of SB-1052 Sen. John A. Kissel, 7th Dist. Rep. Bob Godfrey, 110th Dist. Rep. Peter F. Villano, 91st Dist. Sen. Gayle Slossberg, 14th Dist. Rep. Bruce Zalaski, 81st Dist. Rep. Catherine Abercrombie, 83rd Dist. Rep. John C. Geragosian, 25th Dist. Rep. Demetrios S. Giannaros, 21st Dist. Rep. Felipe Reinoso, 130th Dist. Rep. Melody A. Currey, 10th Dist. Rep. Patricia M. Widlitz, 98th Dist. Rep. Joe Aresimowicz, 30th Dist. Rep. Kathleen M. Tallarita, 58th Dist. Rep. Elizabeth A. Boukus, 22nd Dist. Rep. Linda A. Orange, 48th Dist. Rep. Lewis J. Wallace, 109th Dist. Rep. Chris Perone, 137th Dist.

04/04/2005 Public Hearing 04/08

04/15/2005 (LCO) Filed with Legislative Commissioners' Office; Committee on Judiciary Joint Favorable Substitute

04/22/2005 (LCO) Referred to Office of Legislative Research and Office of Fiscal Analysis 04/27/05 5:00 PM

04/28/2005 (LCO) File Number 554; Senate Calendar Number 412; Favorable Report, Tabled for the Calendar, Senate; (LCO) Reported Out of Legislative Commissioners' Office

05/04/2005 Immediate Transmittal to Committee on Insurance and Real Estate; Referred by Senate to Committee on Insurance and Real Estate

05/11/2005 Favorable Report, Tabled for the Calendar, Senate; No New File by Committee on Insurance and Real Estate; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Committee on Insurance and Real Estate Joint Favorable

05/13/2005 Immediate Transmittal to Committee on Public Health; Referred by Senate to Committee on Public Health

05/19/2005 Favorable Report, Tabled for the Calendar, Senate; No New File by Committee on Public Health; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Committee on Public Health Joint Favorable

05/25/2005 Immediate Transmittal to Committee on Legislative Management; Referred by Senate to Committee on Legislative Management

05/26/2005 Favorable Report, Tabled for the Calendar, Senate; No New File by Committee on Legislative Management; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Joint Committee on Legislative Management Joint Favorable

05/31/2005 Immediate Transmittal to Committee on Appropriations; Referred by Senate to Committee on Appropriations

06/02/2005 Favorable Report, Tabled for the Calendar, Senate; No New File by Committee on Appropriations; (LCO) Reported Out of Legislative Commissioners' Office; (LCO) Filed with Legislative Commissioners' Office; Committee on Appropriations Joint Favorable

06/06/2005 House Calendar Number 651; Favorable Report, Tabled for the Calendar, House; Transmitted Pursuant to the Joint Rules; Senate Passed as Amended by Senate Amendment Schedule A,B; Senate Adopted Senate Amendment Schedule B 7847; Senate Adopted Senate Amendment Schedule A 7695

06/08/2005 In Concurrence; House Passed as Amended by Senate Amendment Schedule A,B; House Rejected House Amendment Schedule C 8171; House Rejected House Amendment Schedule B 8056; House Rejected House Amendment Schedule A 7932; House Adopted Senate Amendment Schedule A,B; Rules Suspended

06/27/2005 (LCO) Public Act 05-275

06/29/2005 Transmitted to the Secretary of State

07/13/2005 Signed by the Governor

 

Sponsor Information:

Louis C. DeLuca (R-Minority)

 

Sponsor:

DeLuca

 

 

 

North Carolina H.B. 1048

Category:

Medical Records Privacy

 

Last Action:

07/19/2005 In House; Reported Favorably; Calendar Pursuant Rule 36(b); Placed On Calendar For 7/20/2005

 

Synopsis:

Implements the recommendations of the Governor's task force on driving while impaired.

 

Additional Information:

Language as Substituted on June 8, 2005:

 

PART X. IMPROVED ACCESS TO MEDICAL RECORDS IN IMPAIRED DRIVING CASES

 

SECTION 18. Chapter 90 of the General Statutes is amended by adding a new section to read:

 

" SECTION 90-21.20B. ACCESS TO MEDICAL INFORMATION FOR LAW ENFORCEMENT PURPOSES.

 

(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF A PERSON IS INVOLVED IN A VEHICLE CRASH:

 

(1) ANY HEALTH CARE PROVIDER WHO IS PROVIDING MEDICAL TREATMENT TO THE PERSON SHALL, UPON REQUEST, DISCLOSE TO ANY LAW ENFORCEMENT OFFICER INVESTIGATING THE CRASH THE FOLLOWING INFORMATION ABOUT THE PERSON: NAME, CURRENT LOCATION, AND WHETHER THE PERSON APPEARS TO BE IMPAIRED BY ALCOHOL, DRUGS, OR ANOTHER SUBSTANCE.

 

(2) LAW ENFORCEMENT OFFICERS SHALL BE PROVIDED ACCESS TO VISIT AND INTERVIEW THE PERSON UPON REQUEST, EXCEPT WHEN THE HEALTH CARE PROVIDER REQUESTS TEMPORARY PRIVACY FOR MEDICAL REASONS.

 

(3) A HEALTH CARE PROVIDER SHALL DISCLOSE A CERTIFIED COPY OF ALL IDENTIFIABLE HEALTH INFORMATION RELATED TO THAT PERSON AS SPECIFIED IN A SEARCH WARRANT OR AN ORDER ISSUED BY A JUDICIAL OFFICIAL.

 

(B) A PROSECUTOR OR LAW ENFORCEMENT OFFICER RECEIVING IDENTIFIABLE HEALTH INFORMATION UNDER THIS SECTION SHALL NOT DISCLOSE THIS INFORMATION TO OTHERS EXCEPT AS NECESSARY TO THE INVESTIGATION OR OTHERWISE ALLOWED BY LAW.

 

(C) A CERTIFIED COPY OF IDENTIFIABLE HEALTH INFORMATION, IF RELEVANT, SHALL BE ADMISSIBLE IN ANY HEARING OR TRIAL WITHOUT FURTHER AUTHENTICATION.

 

(D) AS USED IN THIS SECTION, "HEALTH CARE PROVIDER" HAS THE SAME MEANING AS IN G.S. 90-21.11. "

 

Status:

03/30/2005 In House; Filed

03/31/2005 In House; Referred To Committee On Judiciary I

06/08/2005 In House; Reported Favorably Committee Substitute; Re-ref Committee On Appropriations

07/19/2005 In House; Reported Favorably; Calendar Pursuant Rule 36(b); Placed On Calendar For 7/20/2005

 

Sponsor Information:

Joe Hackney (D-Even Split)

 

Sponsor:

Hackney

 

 

 

Oregon H.B. 2221

Category:

Medical Records Privacy

 

Last Action:

07/14/2005 In Senate; President signed.

 

Synopsis:

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 Enrolled on July 14, 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..

07/12/2005 In House; Speaker signed.

07/14/2005 In Senate; President signed.

 

Sponsor Information:

Karen Minnis (R-Majority)

 

Sponsor:

Minnis

 

 

 

Oregon S.B. 907

Category:

Medical Records Privacy

 

Last Action:

07/18/2005 In Senate; Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

 

Synopsis:

Language is irrelevant as Engrossed on July 18, 2005.

 

Status:

02/21/2005 In Senate; Introduction and first reading. Referred to President's desk.

02/24/2005 In Senate; Referred to Judiciary.

03/17/2005 In Senate; Public Hearing held.

06/08/2005 In Senate; Public Hearing held.

06/09/2005 In Senate; Public Hearing held.

06/23/2005 In Senate; Work Session held.

06/27/2005 In Senate; Recommendation: Do pass with amendments and be referred to Budget. (Printed A-Eng); Referred to Budget by order of the President.

07/12/2005 In Senate; Work Session held.

07/14/2005 In Senate; Work Session held.

07/18/2005 In Senate; Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng.)

 

Sponsor Information:

Senate Committee on the Judiciary

 

Sponsor:

Judiciary

 

 


 

Regulatory Report

 

 

ARIZONA

Title:

PUBLIC PARTICIPATION, DISCLOSURE OF MEDICAL RECORDS STATE ID: 11 AAR

2448

 

Agency:

Department of Health Services

 

Summary:

Establishes requirements for a petition for a rule or review of a

practice or policy. Amends rules dealing with disclosure of medical records,

for consistency with state and federal statutes and rules.

 

Agency Contact:

Kathleen Phillips, Rules Administrator, Department of Health

Services, 1740 W Adams, Room 202, Phoenix, AZ 85007, 602-542-1264, fax

602-364-1150, phillik@azdhs.gov

 

Citation:

R9-1-203, -311, -312

 

Status:

07/01/2005 Notice of Rulemaking Docket Opening

 

 

 

Indiana

Title:

Proposed Rules

 

Agency:

Department of Insurance

 

Summary:

Adds 760 IAC 1-71 regarding the costs that can be charged for providing

copies of medical records.The proposed amendment will address the rising

business expenses for entities that make copies of medical records and does

not result in any additional requirements or costs under IC 4-22-2-24(d)(3).

 

Summary Comments:

760 IAC 1-71

 

SECTION 1. 760 IAC 1-71 IS ADDED TO READ AS FOLLOWS:

 

Rule 71. Copies of Medical Records

 

760 IAC 1-71-1 Applicability and scope

 

Authority: IC 16-39-9-4

 

Affected: IC 16-39

 

Sec. 1. This rule applies to all providers and medical records companies.

(Department of Insurance; 760 IAC 1-71-1)

 

760 IAC 1-71-2 Definitions

 

Authority: IC 16-39-9-4

 

Affected: IC 16-18-2-295; IC 16-39

 

Sec. 2. The following definitions apply throughout this rule:

 

(1) Medical records company means a company that contracts with providers

to make copies of patient medical records.

 

(2) Provider has the meaning set forth in IC 16-18-2-295.

 

(Department of Insurance; 760 IAC 1-71-2)

 

760 IAC 1-71-3 General requirements

 

Authority: IC 27-15-13-2

 

Affected: IC 27-15-13

 

Sec. 3. (a) A provider or medical records company that receives a request

for a copy of a patient s medical record shall charge not more than the

following:

 

(1) One dollar ($1) per page for the first ten (10) pages.

 

(2) Fifty cents ($.50) per page for pages eleven (11) through fifty (50).

 

(3) Twenty-five cents ($.25) per page for pages fifty-one (51) and higher.

 

(b) The provider or the medical records company may collect a labor fee

not to exceed twenty dollars ($20). If the provider or medical records

company collects a labor fee, the provider or medical records company may

not charge for making and providing copies of the first ten (10) pages of

a medical record.

 

(c) The provider or medical records company may charge the actual costs

of mailing the medical record.

 

(d) The provider or the medical records company may collect an additional

ten dollars ($10) if the request is for copies to be provided within two (2)

working days.

 

(e) The provider or medical records company may collect a charge not to

exceed twenty dollars ($20) for certifying a patient s medical record.

(Department of Insurance; 760 IAC 1-71-3)

 

760 IAC 1-71-4 Waiver of charges

 

Authority: IC 16-39-9-4

 

Affected: IC 16-39

 

Sec. 4. A provider or a medical records company shall consider waiving or

reducing the charges for copies of a patient s medical record under the

following situations:

 

(1) A request from a provider:

 

(A) to whom the patient was referred for treatment; or

 

(B) from whom the patient is seeking a second opinion.

 

(2) The patient requested the records for his or her own use, and the

charges will cause an undue financial hardship upon the patient.

 

(Department of Insurance; 760 IAC 1-71-4)

 

Agency Contact:

Department of Insurance, 311 West Washington Street, Suite 300 and Legislative Services Agency, One North Capitol, Suite 325, Indianapolis, Indiana

 

Citation:

760 IAC 1-71

 

Status:

07/22/2005 Public Hearing

 

 

 

MAINE

Title:

ENFORCEMENT AND FORFEITURE PROCEDURES

 

Agency:

Maine Health Data Organization

 

Summary:

Establishes rule that sets forfeiture fee levels if filing deadlines

are not met, if the submissions do not meet the established standards, if the

assessment is not paid or if the identification of patients and practitioners is

not protected.

 

Agency Contact:

Alan Prysunka, Executive Director, Maine Health Data

Organization, 151 Capitol St., 102 State House Station, Augusta, ME 04333-0102,

207-287- 6722

 

Citation:

90-590-100

 

Status:

10/27/2004 Proposed Rule

 

Comment Deadline:

11/28/2004

07/13/2005 Rule Adoption

 

Effective Date:

08/06/2005

 

 

 

MAINE

Title:

RELEASE OF DATA TO THE PUBLIC

 

Agency:

Maine Health Data Organization

 

Agency Contact:

Alan Prysunka, Executive Director, Maine Health Data

Organization, 151 Capitol St., 102 State House Station, Augusta, ME 04333-0102,

207-287- 6722

 

Citation:

90-590-120

 

Status:

10/27/2004 Proposed Rule

 

Comment Deadline:

11/28/2004

07/13/2005 Rule Adoption

 

Effective Date:

08/06/2005

 

 

 

MAINE

Title:

UNIFORM REPORTING SYSTEM FOR QUALITY DATA SETS

 

Agency:

Maine Health Data Organization

 

Agency Contact:

Alan Prysunka, Executive Director, Maine Health Data

Organization, 151 Capitol St., 102 State House Station, Augusta, ME 04333-0102,

207-287- 6722

 

Citation:

90-590-270

 

Status:

10/27/2004 Proposed Rule

 

Comment Deadline:

11/28/2004

07/13/2005 Rule Adoption

 

Effective Date:

08/06/2005

 

 

 

WASHINGTON

Title:

LICENSED MENTAL HEALTH PROVIDERS STATE ID: 05-14-082

 

Agency:

Department of Social and Health Services/Health and Rehabilitative

Services Administration

 

Summary:

Amends rules regarding new requirements for licensed health

providers to allow access to mental health information by the Department of

Corrections.

 

Agency Contact:

Robin Roberts, Mental Health Division, PO Box 445320 , Olympia ,

WA 98504, 360-902-0829, fax 360-902-7691, roberrl@dshs.wa.gov

 

Citation:

WAC 388-865-0400

 

Status:

11/29/2004 Preproposal

04/19/2005 Proposed Rule

 

Comment Deadline:

05/24/2005

06/30/2005 Rule Adoption

 

Effective Date:

07/31/2005