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Association of Health Information Outsourcing Services

07/21/2005 - 07/27/2005

 

New Legislative Entries

 

Missouri E.O. 18

Category:

Medical Records Privacy

 

Last Action:

07/12/2005 INTRODUCED.

 

Synopsis:

(Executive Order No. 18) Relates to information in consumer complaint files submitted by insurers for purposes of investigation; includes confidential medical, financial and other personal information with summary information; creates procedures for the release of complaint data, which allows consumers to make informed decisions in selecting an insurer; modifies the complaint form so consumers have the option to pre-authorize a public release of a complete copy of the submitted complaint to any person.

 

Additional Information:

Language as Ordered on July 12, 2005:

 

WHEREAS, the Department of Insurance is charged with the execution and administration of laws related to insurance pursuant to Section 374.010, RSMo; and

 

WHEREAS, in 2005 the General Assembly Truly Agreed to and Finally Passed House Committee Substitute for House Bill No. 388, (HB 388) which makes certain documents that are submitted to the Department of Insurance non-public documents, including information in consumer complaint files and information submitted by an insurer or producer for purposes of investigation; and

 

WHEREAS, the purpose of HB 388 is to protect consumer privacy, such as confidential medical, financial and other personal information; and

 

WHEREAS, HB 388 also provides that the Department may release an incident report record consisting of the date and immediate facts and circumstances surrounding the initial consumer report or complaint;

 

WHEREAS, it is in the public interest for the Department to release incident reports with summary information that makes available public information about each report or complaint.

 

TEXT: NOW THEREFORE, I, Matt Blunt, Governor of Missouri, by virtue and authority vested in me by the Constitution and laws of the State of Missouri, do hereby direct the Director of the Department to adopt administrative rules as follows to protect consumer privacy while at the same time provide relevant information about insurance companies to the public:

 

Create policies and procedures for the release of incident reports upon request, which summarize the facts and circumstances surrounding the initial report or complaint;

 

Create policies and procedures for the release of complaint data, which allows consumers to make informed decisions in selecting an insurer; and

 

Modify the Department's complaint form and create necessary policies and procedures so that consumers have the option to pre-authorize the Department to publicly release on the consumer's behalf a complete copy of the submitted complaint to any interested person.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 12th day of July, 2005.

 

Matt Blunt GOVERNOR

 

Status:

07/12/2005 INTRODUCED.

 

Sponsor Information:

Governor Matt Blunt (Republican-Majority)

 

Sponsor:

Office of the Governor

 

 


 

Legislative Movement

 

 

Delaware H.B. 75

Category:

Pricing;Medical Records Privacy

 

Last Action:

07/12/2005 Governor acted; Signed by Governor; Signed

 

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 Enacted on July 12, 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

07/12/2005 Governor acted; Signed by Governor; Signed

 

Sponsor Information:

Stephanie A. Ulbrich (R-Majority)

 

Sponsor:

Ulbrich

 

 

 

New York A.B. 1377

Category:

Medical Records Privacy

 

Last Action:

07/19/2005 Signed by GOVERNOR.

 

Synopsis:

Provides that information (address and telephone number) pertaining to a covered person under an insurance policy or health maintenance organization contract shall be withheld from the policyholder where there is an order of protection in effect on behalf of the covered person against the policyholder; provides an exemption from civil or criminal liability for insurers making good faith efforts to comply with such provisions; provides that certain insurers are not exempt from liability for failure to take action to comply.

 

Additional Information:

This bill will insure that medical records are kept confidential if a woman has a standing order of protection against her husband. It will ensure that abusers have one less method of tracking down their former wives.

 

Status:

01/19/2005 INTRODUCED.

01/19/2005 To ASSEMBLY Committee on INSURANCE.

05/17/2005 Amended in ASSEMBLY Committee on INSURANCE.

06/01/2005 From ASSEMBLY Committee on INSURANCE.

06/01/2005 To ASSEMBLY Committee on CODES.

06/06/2005 Amended in ASSEMBLY Committee on CODES.

06/08/2005 Amended in ASSEMBLY Committee on CODES.

06/15/2005 From ASSEMBLY Committee on CODES.

06/15/2005 To ASSEMBLY Committee on RULES.

06/16/2005 From ASSEMBLY Committee on RULES.

06/16/2005 Passed ASSEMBLY. *****To SENATE.

06/16/2005 To SENATE Committee on RULES.

06/20/2005 From SENATE Committee on RULES.

06/20/2005 Substituted for S 936.

06/21/2005 Passed SENATE.

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

07/19/2005 Signed by GOVERNOR.

 

Sponsor Information:

Scott M. Stringer (D-Majority)

 

Sponsor:

Scott M. Stringer (D-Majority)

 

 

 

North Carolina H.B. 1048

Category:

Medical Records Privacy

 

Last Action:

07/21/2005 In Senate; Received From House; Referred To Committee On Judiciary I

 

Synopsis:

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

 

Additional Information:

Language as Engrossed on July 20, 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

07/20/2005 In House; Amendment Failed #1; Amendment Failed #2; Amendment Adopted #3; Passed 2nd & 3rd Reading

07/21/2005 In Senate; Received From House; Referred To Committee On Judiciary I

 

Sponsor Information:

Joe Hackney (D-Even Split)

 

Sponsor:

Hackney

 

 

 

Oregon H.B. 2221

Category:

Medical Records Privacy

 

Last Action:

07/20/2005 In House; Governor 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 Enacted on July 20, 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.

07/20/2005 In House; Governor signed.

 

Sponsor Information:

Karen Minnis (R-Majority)

 

Sponsor:

Minnis

 

 


 

Regulatory Report

 

 

KANSAS

Title:

CANCER REGISTRY DEFINITIONS, REPORTING REQUIREMENTS

 

Agency:

Department of Health and Environment

 

Synopsis:

Establishes rules regarding definitions, reporting requirements and the use and access of data to ensure accuracy and confidentiality.

 

Agency Contact:

Paula Marmet, Director, Office of Health Promotion, KS Dept of

Health and Environment, Ste 230, Curtis State Office Bldg, 1000 SW Jackson,

Topeka, 66612, 785/296-8916, pmarmet@kdhe.state.ks.us

 

Citation:

KAR 28-70-1, -2, -3

 

Status:

04/21/2005 Proposed Rule

 

Comment Deadline:

06/24/2005

07/21/2005 Rule Adoption

 

Effective Date:

08/05/2005