Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

08/04/2005 - 08/10/2005

 

 

New Legislative Entries

 

 

United States S. 1262

Category:

Medical Records Privacy

 

Sponsor:

Senator Bill Frist R-TN

 

Sponsor Comments

Cosponsors: Bingaman D-NM; Clinton D-NY; Martinez R-FL; Mikulski D-MD; Obama D-IL; Talent R-MO; Thune R-SD; Alexander R-TN; Bond R-MO; Dodd D-CT; Jeffords I-VT; Santorum R-PA; Landrieu D-LA; Nelson D-FL

 

Date Introduced:

June 16, 2005

 

Last Action:

06/16/2005 Senate Committee on Health, Education, Labor, and Pensions

 

Status:

06/16/2005 Senate Committee on Health, Education, Labor, and Pensions

 

Actions:

Introduced in the Senate, 06/16/05

06/16/2005 151 Cong Rec S 6740 Referred to the Senate Committee on Health, Education, Labor, and Pensions.

06/16/2005 151 Cong Rec S 6752 Remarks by Sen. Frist (R-TN)

06/16/2005 151 Cong Rec S 6752 Remarks by Sen. Clinton (D-NY)

06/16/2005 151 Cong Rec S 6754 Remarks by Sen. Obama (D-IL)

 

Synopsis:

A bill to reduce healthcare costs, improve efficiency, and improve healthcare quality through the development of a nation-wide interoperable health information technology system, and for other purposes.


 

Legislative Movement

 

 

Illinois H.B. 2344

Category:

Medical Records Privacy

 

Last Action:

08/09/2005 In House; Governor Approved; Public Act . . . . . . . . . 94-0501

 

Synopsis:

Amends the Department of Public Health Powers and Duties Law. Authorizes the Department of Public Health to establish reasonable billing rates for certain persons and entities requesting electronic access to certain types of patient data collected under the Illinois Health Finance Reform Act. Requires all moneys received by the Department from such billing procedures to be deposited into the Public Health Special State Projects Fund. Provides that the Department shall comply with State and federal laws to protect patient confidentiality. Effective immediately. House Amendment #1: Makes a change to the Section heading so that it reads: Access to patient claims and encounter data (now, Access to patient billing data). Changes other references in the Section to claims and encounter data (now, billing data). House Amendment #3: Provides that the Department may establish reasonable billing rates (instead of claims and encounter rates) for persons requesting electronic access to certain patient data. Effective immediately.

 

Additional Information:

Language as Enacted on May 18, 2005:

 

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-33 as follows:

 

(20 ILCS 2310/2310-33 new)

 

SEC. 2310-33. ACCESS TO PATIENT CLAIMS AND ENCOUNTER DATA. TO ESTABLISH REASONABLE BILLING RATES FOR PERSONS REQUESTING ELECTRONIC ACCESS TO PATIENT DATA COLLECTED UNDER SECTION 4-2 OF THE ILLINOIS HEALTH FINANCE REFORM ACT FOR USE BY A REQUESTING ENTITY, INCLUDING, BUT NOT LIMITED TO, AN AGENCY, ACADEMIC RESEARCH ORGANIZATION, OR PRIVATE SECTOR ORGANIZATION, AND FOR PRODUCING STUDIES, DATA PRODUCTS, OR ANALYSES OF SUCH DATA. ALL MONEYS RECEIVED BY THE DEPARTMENT FROM THE BILLING AUTHORIZED UNDER THIS SECTION MUST BE DEPOSITED INTO THE PUBLIC HEALTH SPECIAL STATE PROJECTS FUND. IN PROVIDING ELECTRONIC ACCESS TO PATIENT CLAIMS AND ENCOUNTER DATA, THE DEPARTMENT SHALL UNDERTAKE ALL STEPS NECESSARY UNDER STATE AND FEDERAL LAW, INCLUDING THE GRAMM-LEACH-BLILEY ACT (12 U.S.C.1811 ET. SEQ.) AND THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT PRIVACY REGULATIONS (45 C.F.R. PART 164), TO PROTECT PATIENT CONFIDENTIALITY IN ORDER TO PREVENT THE IDENTIFICATION OF INDIVIDUAL PATIENTS.

 

Section 99. Effective date. This Act takes effect upon becoming law.

 

Status:

02/16/2005 In House; Filed; First Reading; Referred to Rules Committee

02/17/2005 In House; Assigned to Human Services Committee

03/02/2005 In House; House Amendment No. 1 Filed; House Amendment No. 1 Adopted in Human Services Committee ; by Voice Vote; Do Pass as Amended / Short Debate Human Services Committee ; 009-002-000

03/03/2005 In House; Placed on Calendar 2nd Reading - Short Debate

03/08/2005 In House; House Amendment No. 2 Filed; House Amendment No. 2 Referred to Rules Committee

03/09/2005 In House; House Amendment No. 3 Filed; House Amendment No. 3 Referred to Rules Committee

03/10/2005 In House; House Amendment No. 2 Recommends Be Adopted Rules Committee ; 004-000-000

03/15/2005 In House; House Amendment No. 3 Recommends Be Adopted Rules Committee ; 005-000-000; Added Chief Co-Sponsor Rep. Patricia R. Bellock; Second Reading - Short Debate; House Amendment No. 2 Withdrawn by Rep. Julie Hamos; House Amendment No. 3 Adopted by Voice Vote; Placed on Calendar Order of 3rd Reading - Short Debate

03/17/2005 In House; Added Chief Co-Sponsor Rep. Deborah L. Graham

04/05/2005 In House; Third Reading - Short Debate - Passed 067-042-000

04/06/2005 In Senate; Arrive in Senate; Placed on Calendar Order of First Reading April 7, 2005; Chief Senate Sponsor Sen. Susan Garrett

04/11/2005 In Senate; First Reading; Referred to Rules

04/13/2005 In Senate; Added as Alternate Chief Co-Sponsor Sen. Donne E. Trotter; Assigned to Health & Human Services

04/14/2005 In Senate; Added as Alternate Chief Co-Sponsor Sen. Todd Sieben

04/19/2005 In Senate; Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins

04/20/2005 In Senate; Do Pass Health & Human Services ; 010-000-000; Placed on Calendar Order of 2nd Reading April 21, 2005

05/10/2005 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading May 11, 2005

05/18/2005 In Senate; Third Reading - Passed; 058-000-000; In House; Passed Both Houses

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

08/09/2005 In House; Governor Approved; Public Act . . . . . . . . . 94-0501

 

Sponsor Information:

Julie Hamos (D-Majority)

 

Sponsor:

Hamos

 

 

 

United States S.B. 544

Category:

Medical Records Privacy

 

Sponsor:

JEFFORDS, JAMES M (I-VT)

 

Sponsor Comments

JEFFORDS, JAMES M (I-VT) - Sponsor

BINGAMAN, JEFF (D-NM)- Cosponsor

ENZI, MICHAEL B (R-WY)- Cosponsor

FRIST, BILL (R-TN)- Cosponsor

GREGG, JUDD (R-NH)- Cosponsor

MURRAY, PATTY (D-WA)- Cosponsor

SESSIONS, JEFF (R-AL)- Cosponsor

 

Date Introduced:

03/08/2005

 

Last Action:

07/29/2005 Became Public Law (P.L. 109-41)

 

Status:

03/08/2005 Introduced in the Senate

07/21/2005 Considered in the Senate

07/21/2005 Senate agreed to Enzi Amendment No. 1411

07/21/2005 Passed in the Senate, as amended

07/27/2005 Considered in the House

07/27/2005 Passed in the House

07/28/2005 Presented to the President

07/29/2005 Became Public Law (P.L. 109-41)

 

Synopsis:

A bill to amend title IX of the Public Health Service Act to provide for the improvement of patient safety and to reduce the incidence of events that adversely affect patient safety

 

Synopsis Comments:

Patient Safety and Quality Improvement Act of 2005 - Amends the Public Health Service Act to designate patient safety data as privileged and confidential. Permits certain disclosures of patient safety data by a provider or patient safety organization (PSO), including: (1) voluntary disclosures of non-identifiable data; (2) disclosures of data containing evidence of a wanton and criminal act to directly harm the patient; (3) disclosures necessary to carry out PSO or research activities; and (4) voluntary disclosures for public health surveillance. Defines a "patient safety organization" as an organization certified by the Secretary of Health and Human Services that conducts efforts to improve patient safety and the quality of health care delivery through the collection and analysis of patient safety data. Prohibits an accrediting body from: (1) taking any accrediting action against a provider based on the provider's good faith participation in collecting, developing, reporting, or maintaining patient safety data; or (2) requiring a provider to reveal its communications with any PSO. Prevents a provider from taking an adverse employment action against an individual based upon the good faith reporting of information. Requires the Secretary to: (1) maintain a patient safety network of databases that has the capacity to accept, aggregate, and analyze non-identifiable patient safety data voluntarily reported and that provides an interactive resource for providers and PSOs; (2) develop or adopt voluntary national standards to promote the electronic exchange of health care information; and (3) contract with a research organization to study the impact of medical technologies and therapies on health care.

 

 


 

Regulatory Report

 

 

OREGON

Title:

SUBPOENAS OF MEDICAL RECORDS

 

Agency:

Department of Consumer and Business Services/Workers' Compensation

Board

 

Summary:

Amends OAR 438-007-0020 by adding provisions that: (1) require that

individually identifiable health information may be obtained through a

subpoena provided that the person whose medical records are being sought

receives notice of the subpoena and the opportunity to object to the

subpoena; and (2) if the recipient of the subpoena receives a timely

objection, it must comply by mailing the information sought to the Workers'

Compensation Board and an expedited pre-hearing conference will be conducted

under ORS 656.283 to resolve the matter.

 

Summary Comments:

R612-2-5

 

Regulation of Medical Practitioner Fees

 

NOTICE OF PROPOSED RULE

 

(Amendment)

 

DAR File No.: 27899

 

Filed: 05/13/2005, 14:52

 

RULE ANALYSIS

 

Purpose of the rule or reason for the change: This amendment updates

standards for determining fees for medical practitioners treating work-related

injuries and illnesses. The amendment also increases the fees allowed for

categories of medical care described as "medicine" and "restorative medicine."

 

Summary of the rule or change: This amendment incorporates by reference the

2005 version of the "Resource Based Relative Value Scale" which is used in

establishing fees for medical practitioners in workers' compensation cases. The

amendment increases from $42 to $44 the unit value for medicine and restorative

medicine services. The amendment also increase the relative values of four

restorative medicine treatment codes. The amendment also provides a reference to

the Labor Commission's web site.

 

State statutory or constitutional authorization for this rule: Sections

34A-2-101 et seq., 34A-3-101 et seq., and 34A-1-104

 

This rule or change incorporates by reference the following material:

National Centers for Medicare and Medicaid Services (CMS) for the Medicare

Physician Fee Schedule (MPFS) "Resource-Based Relative Value Scale", 2005

edition, and the American Medical Association's CPT-4, 2005 edition.

 

Anticipated cost or savings to:

 

the state budget: This amendment imposes no additional costs of

administration. Regarding cost to the State in its capacity as an employer, the

aggregate cost to all Utah employers is estimated at $2,000,000. This represents

an increase of 1% in workers' compensation medical costs, which will be factored

into workers' compensation insurance premiums over time.

 

local governments: The aggregate cost of this amendment to all Utah employers

is estimated at $2,000,000. This represents an increase of 1% in workers'

compensation medical costs, which will be factored into workers' compensation

insurance premiums over time.

 

other persons: Health care providers providing "medical" and "restorative

medical" services to injured workers will receive increased fees totaling

$2,000,000. This represents an increase of 1% in workers' compensation medical

costs, which will be factored into workers' compensation insurance premiums

over time.

 

Compliance costs for affected persons: Compliance costs are limited to

possible minor increases in overall workers' compensation rates resulting from

the increase in workers' compensation medical payments.

 

Comments by the department head on the fiscal impact the rule may have on

businesses: This small increase in payments to medical providers under the

workers' compensation system is approximately 1% of current medical costs. This

amount will be factored into future workers' compensation premiums, but is

expected to have a negligible impact on businesses that purchase workers'

compensation insurance. R. Lee Ellertson, Commissioner

 

The full text of this rule may be inspected, during regular business hours,

at:

 

Labor Commission

 

Industrial Accidents

 

HEBER M WELLS BLDG

 

160 E 300 S

 

SALT LAKE CITY UT 84111-2316, or

 

at the Division of Administrative Rules.

 

Direct questions regarding this rule to:

 

Joyce Sewell at the above address, by phone at 801-530-6988, by FAX at

801-530-6804, or by Internet E-mail at jsewell@utah.gov

 

Interested persons may present their views on this rule by submitting written

comments to the address above no later than 5:00 PM on 07/01/2005.

 

This rule may become effective on: 07/02/2005

 

Authorized by: R Lee Ellertson, Commissioner

 

Agency Contact:

Vicky Scott, Department of Consumer and Business Services,

Workers' Compensation Board, 2601 25th St SE, Ste 150, Salem, OR 97302-1282,

503-378-3298

 

Citation:

OAR 438-007-0020

 

Status:

06/01/2005 Proposed Rule

 

Comment Deadline:

06/24/2005

06/29/2005 Rule Adoption

 

Effective Date:

09/01/2005