Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

08/11/2005 - 08/15/2005

 

Legislative Movement

 

 

Illinois S.B. 1986

Category:

Medical Records Privacy

 

Last Action:

08/10/2005 In Senate; Governor Vetoed

 

Synopsis:

Amends the Illinois Public Aid Code. Creates the Data Warehouse Inter-Agency Coordination of Client Care Task Force to gather information and make recommendations relating to: (1) the most effective flow of information between agencies that serve the same clients through one-stop shopping across State government; (2) the creation of an overarching system to respond to requests by the General Assembly, the Office of the Governor, and the general public; and (3) the most effective use of State moneys in procuring the appropriate technology to obtain a system that can be readily expanded to accommodate the ever-growing information base in State government. Provides that the purpose of the expansion of the data warehouse includes the programmatic review and analysis of the effectiveness of interrelated healthcare programs and their ultimate impact on populations (as well as on clients). Requires the task force to report by December 31, 2005, and repeals the task force provisions on January 1, 2006. Effective immediately.

 

Additional Information:

Language as Enrolled on May 18, 2005:

 

Section 5. The Illinois Public Aid Code is amended by changing Section 12-4.201 and adding Section 12-4.202 as follows:

 

(305 ILCS 5/12-4.201)

 

Sec. 12-4.201.

 

(A) Data warehouse concerning medical and related services. The Illinois Department of Public Aid may purchase services and materials associated with the costs of developing and implementing a data warehouse comprised of management and decision making information in regard to the liability associated with, and utilization of, medical and related services, out of moneys available for that purpose.

 

(B) THE DEPARTMENT OF PUBLIC AID SHALL PERFORM ALL NECESSARY ADMINISTRATIVE FUNCTIONS TO EXPAND ITS LINEARLY-SCALABLE DATA WAREHOUSE TO ENCOMPASS OTHER HEALTHCARE DATA SOURCES AT BOTH THE DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC HEALTH. THE DEPARTMENT OF PUBLIC AID SHALL LEVERAGE THE INHERENT CAPABILITIES OF THE DATA WAREHOUSE TO ACCOMPLISH THIS EXPANSION WITH MARGINAL ADDITIONAL TECHNICAL ADMINISTRATION. THE PURPOSE OF THIS EXPANSION IS TO ALLOW FOR PROGRAMMATIC REVIEW AND ANALYSIS INCLUDING THE INTERRELATEDNESS AMONG THE VARIOUS HEALTHCARE PROGRAMS IN ORDER TO ASCERTAIN EFFECTIVENESS TOWARD, AND ULTIMATE IMPACT ON, CLIENTS AND POPULATIONS. BEGINNING JULY 1, 2005, THE DEPARTMENT OF PUBLIC AID SHALL SUPPLY QUARTERLY REPORTS TO THE COMMISSION ON GOVERNMENT FORECASTING AND ACCOUNTABILITY DETAILING PROGRESS TOWARD THIS MANDATE. (Source: P.A. 90-9, eff. 7-1-97.)

 

(305 ILCS 5/12-4.202 new)

 

SEC. 12-4.202. DATA WAREHOUSE INTER-AGENCY COORDINATION OF CLIENT CARE TASK FORCE.

 

(A) THE DATA WAREHOUSE INTER-AGENCY COORDINATION OF CLIENT CARE TASK FORCE IS CREATED. THE TASK FORCE SHALL CONSIST OF THE FOLLOWING:

 

(1) EIGHT VOTING MEMBERS, APPOINTED 2 EACH BY THE PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

 

(2) FIVE EX OFFICIO, NONVOTING MEMBERS AS FOLLOWS: THE DIRECTOR OF THE GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET, OR HIS OR HER DESIGNEE; THE DIRECTOR OF PUBLIC AID, OR HIS OR HER DESIGNEE; THE DIRECTOR OF PUBLIC HEALTH, OR HIS OR HER DESIGNEE; THE SECRETARY OF HUMAN SERVICES, OR HIS OR HER DESIGNEE; AND THE DIRECTOR OF CHILDREN AND FAMILY SERVICES, OR HIS OR HER DESIGNEE.

 

THE VOTING MEMBERS OF THE TASK FORCE SHALL ELECT FROM THEIR NUMBER 2 CO-CHAIRS OF THE TASK FORCE.

 

MEMBERS OF THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION AND ARE NOT ENTITLED TO REIMBURSEMENT FOR THEIR EXPENSES INCURRED IN PERFORMING THEIR DUTIES.

 

FIVE AFFIRMATIVE VOTES ARE REQUIRED FOR THE TASK FORCE TO TAKE ACTION.

 

(B) THE TASK FORCE SHALL GATHER INFORMATION AND MAKE RECOMMENDATIONS RELATING TO THE FOLLOWING:

 

(1) THE MOST EFFECTIVE FLOW OF INFORMATION BETWEEN AGENCIES THAT SERVE THE SAME CLIENTS THROUGH ONE-STOP SHOPPING ACROSS STATE GOVERNMENT.

 

(2) THE CREATION OF AN OVERARCHING SYSTEM TO RESPOND TO REQUESTS BY THE GENERAL ASSEMBLY, THE OFFICE OF THE GOVERNOR, AND THE GENERAL PUBLIC.

 

(3) THE MOST EFFECTIVE USE OF STATE MONEYS IN PROCURING THE APPROPRIATE TECHNOLOGY TO OBTAIN A SYSTEM THAT CAN BE READILY EXPANDED TO ACCOMMODATE THE EVER-GROWING INFORMATION BASE IN STATE GOVERNMENT.

 

(C) THE TASK FORCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 31, 2005.

 

(D) THIS SECTION IS REPEALED ON JANUARY 1, 2006.

 

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

 

Status:

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

03/02/2005 In Senate; Assigned to Health & Human Services

03/10/2005 In Senate; Added as Chief Co-Sponsor Sen. Mattie Hunter

03/14/2005 In Senate; Senate Committee Amendment No. 1 Filed; Senate Committee Amendment No. 1 Referred to Rules

03/15/2005 In Senate; Senate Committee Amendment No. 1 Rules Refers to Health & Human Services

03/16/2005 In Senate; Added as Co-Sponsor Sen. M. Maggie Crotty

03/17/2005 In Senate; Added as Co-Sponsor Sen. Rickey R. Hendon; Senate Committee Amendment No. 1 Adopted; Do Pass as Amended Health & Human Services ; 010-000-000; Placed on Calendar Order of 2nd Reading April 6, 2005; Added as Chief Co-Sponsor Sen. Dale A. Righter

04/07/2005 In Senate; Senate Floor Amendment No. 2 Filed; Senate Floor Amendment No. 2 Referred to Rules

04/11/2005 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading April 12, 2005; Senate Floor Amendment No. 2 Rules Refers to Health & Human Services

04/12/2005 In Senate; Senate Floor Amendment No. 2 Be Adopted Health & Human Services ; 008-000-000

04/13/2005 In Senate; Recalled to Second Reading; Senate Floor Amendment No. 2 Adopted; Rauschenberger; Placed on Calendar Order of 3rd Reading April 14, 2005

04/15/2005 In Senate; Third Reading - Passed; 057-000-000; In House; Arrived in House; In House; Placed on Calendar Order of First Reading; In House; Chief House Sponsor Rep. David R. Leitch; In House; First Reading; In House; Referred to Rules Committee

04/27/2005 In House; Assigned to Human Services Committee

05/04/2005 In House; Do Pass / Short Debate Human Services Committee ; 009-000-000; Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock

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; Added Alternate Chief Co-Sponsor Rep. Julie Hamos; Added Alternate Chief Co-Sponsor Rep. Aaron Schock; Added Alternate Chief Co-Sponsor Rep. Carolyn H. Krause; Third Reading - Short Debate - Passed 115-000-000; In Senate; Passed Both Houses

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

08/10/2005 In Senate; Governor Vetoed

 

Sponsor Information:

Steven J. Rauschenberger (R-Minority)

 

Sponsor:

Rauschenberger

 

 

 

New York S.B. 4775

Category:

Medical Records Privacy

 

Last Action:

08/11/2005 DELIVERED TO GOVERNOR

 

Synopsis:

Provides that a program operated by or under contract with a director of community services shall be deemed a facility, and clinical information tending to identify patients or clients and clinical records maintained as such facility shall not be a public record and shall not be released to any person or agency outside such facility except as otherwise provided.

 

Additional Information:

Language as Amended on June 15, 2005:

 

Section 1. Subdivision (a) of section 33.13 of the mental hygiene law, as amended by chapter 196 of the laws of 1985, is amended to read as follows:

 

(a) A clinical record for each patient or client shall be maintained at each facility licensed or operated by the office of mental health or the office of mental retardation and developmental disabilities, hereinafter referred to as the offices. FOR THE PURPOSES OF THIS SECTION, THE TERM "FACILITY" SHALL MEAN "FACILITY" AS SUCH TERM IS DEFINED IN SECTION 1.03 OF THIS CHAPTER, PROVIDED, HOWEVER, SUCH TERM SHALL ALSO INCLUDE ANY PROVIDER OF SERVICES FOR PERSONS WITH MENTAL ILLNESS, MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES WHICH IS OPERATED BY, UNDER CONTRACT WITH, RECEIVES FUNDING FROM, OR IS OTHERWISE APPROVED TO RENDER SERVICES BY, A DIRECTOR OF COMMUNITY SERVICES PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER OR ONE OR BOTH OF THE OFFICES, INCLUDING ANY SUCH PROVIDER WHICH IS EXEMPT FROM THE REQUIREMENT FOR AN OPERATING CERTIFICATE UNDER ARTICLE SIXTEEN OR ARTICLE THIRTY-ONE OF THIS CHAPTER. The record shall contain information on all matters relating to the admission, legal status, care, and treatment of the patient or client and shall include all pertinent documents relating to the patient or client. The commissioners of such offices, by regulation, each shall determine the scope and method of recording information, including data pertaining to admission, legal matters affecting the patient or client, records and notation of course of care and treatment, therapies, restrictions on patient's or client's rights, periodic examinations, and such other information as he or she may require.

 

Section 2. Paragraph 3 of subdivision a of section 33.16 of the mental hygiene law, as amended by chapter 558 of the laws of 1999, is amended to read as follows:

 

3. "Facility" means a facility as defined in section 1.03 of this chapter, a program requiring approval for operation pursuant to article thirty-two of this chapter or , institutions offering training in psychotherapy, psychoanalysis and related areas chartered pursuant to section two hundred sixteen of the education law, OR, NOTWITHSTANDING SECTION 1.03 OF THIS CHAPTER, ANY PROVIDER OF SERVICES FOR PERSONS WITH MENTAL ILLNESS, MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES WHICH IS OPERATED BY, UNDER CONTRACT WITH, RECEIVES FUNDING FROM, OR IS OTHERWISE APPROVED TO RENDER SERVICES BY, A DIRECTOR OF COMMUNITY SERVICES PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER OR ONE OR BOTH OF THE OFFICES, INCLUDING ANY SUCH PROVIDER WHICH IS EXEMPT FROM THE REQUIREMENT FOR AN OPERATING CERTIFICATE UNDER ARTICLE SIXTEEN OR ARTICLE THIRTY-ONE OF THIS CHAPTER.

 

Section 3. This act shall take effect immediately.

 

Status:

04/18/2005 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

05/04/2005 1ST REPORT CAL.801

05/09/2005 2ND REPORT CAL.

05/10/2005 ADVANCED TO THIRD READING

06/15/2005 AMENDED ON THIRD READING 4775A

06/21/2005 PASSED SENATE; DELIVERED TO ASSEMBLY; referred to codes

06/23/2005 substituted for a8076a; ordered to third reading rules cal.283; passed assembly; returned to senate

08/11/2005 DELIVERED TO GOVERNOR

 

Sponsor Information:

Thomas P. Morahan (R-Majority)

 

Sponsor:

Morahan

 

 

 

New York S.B. 4855

Category:

Medical Records Privacy

 

Last Action:

08/09/2005 VETOED MEMO.58

 

Synopsis:

Relates to the service of a subpoena duces tecum upon a hospital or a health care professional.

 

Additional Information:

Language as Amended on June 16, 2005:

 

Section 1. Section 2306 of the civil practice law and rules, subdivision (a) as amended by chapter 4 of the laws of 1986, is amended to read as follows:

 

Section 2306. Hospital records; medical records of A HEALTH CARE PRACTITIONER; MEDICAL RECORDS OF department or bureau of a municipal corporation or of the state. (a) Transcript or reproduction. Where a subpoena duces tecum is served TOGETHER WITH A LEGALLY SUFFICIENT AUTHORIZATION AS OTHERWISE PROVIDED BY LAW, upon a hospital, AS DEFINED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, UPON A HEALTH CARE PRACTITIONER LICENSED UNDER THE EDUCATION LAW, or upon a department or bureau of a municipal corporation or of the state, or an officer thereof, requiring the production of records relating to the condition or treatment of a patient, a transcript or a full-sized legible reproduction, certified as correct by the superintendent or head of the hospital, department or bureau or his assistant, or the officer, may SHALL be produced unless otherwise ordered by a court. Such RECORDS SHALL BE CERTIFIED AS CORRECT, IN THE FORM REQUIRED BY RULE THIRTY-ONE HUNDRED TWENTY-TWO-A OF THIS CHAPTER, BY THE SUPERINTENDENT OR HEAD OF THE HOSPITAL, DEPARTMENT OR BUREAU, BY THE STATE OR MUNICIPAL OFFICER OR OTHER STATE OR MUNICIPAL OFFICER DELEGATED FOR THE PURPOSE, BY THE HEALTH CARE PRACTITIONER OR BY AN EMPLOYEE CHARGED WITH THE RESPONSIBILITY OF MAINTAINING THE RECORDS. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH ONE OF THIS SUBDIVISION, THE RECORDS SO CERTIFIED SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF SUBDIVISION (A) OF RULE FORTY-FIVE HUNDRED EIGHTEEN OF THIS CHAPTER. SUCH a subpoena shall be served at least three days before the time fixed for the production of the records unless otherwise ordered by a court. , EXCEPT IN THE CASE OF MEDICAL RECORDS OF A HEALTH CARE PRACTITIONER SUCH A SUBPOENA SHALL BE SERVED NO LATER THAN THREE DAYS BEFORE THE COMMENCEMENT OF JURY SELECTION OR THE COMMENCEMENT OF THE TRIAL, IF NO JURY IS SELECTED, UNLESS OTHERWISE ORDERED BY A COURT.

 

(1) THE MEDICAL RECORDS OF A HEALTH CARE PRACTITIONER, OTHERWISE CERTIFIED AS PROVIDED BY THIS SECTION, SHALL NOT BE ADMISSIBLE AT TRIAL WITHOUT THE APPEARANCE OF A WITNESS TO TESTIFY AS TO THEIR ADMISSIBILITY UNDER SUBDIVISION (A) OF RULE FORTY-FIVE HUNDRED EIGHTEEN OF THIS CHAPTER UNLESS SUCH SUBPOENA DUCES TECUM HAS BEEN SERVED TOGETHER WITH LEGALLY SUFFICIENT AUTHORIZATION AS OTHERWISE PROVIDED BY LAW INCLUDING THAT REQUIRED BY THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF NINETEEN HUNDRED NINETY-SIX, PUB. L. 104-191, ALSO KNOWN AS HIPAA, AND UNLESS A COPY OF SUCH SUBPOENA, THE HIPAA-COMPLIANT AUTHORIZATION AND ANY OTHER DOCUMENTS SERVED ON THE HEALTH CARE PRACTITIONER WITH THE SUBPOENA HAVE BEEN SERVED ON ALL PARTIES PURSUANT TO THE REQUIREMENTS OF SECTION TWENTY-THREE HUNDRED THREE OF THIS ARTICLE.

 

(2) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (B) OF SECTION TWENTY-THREE HUNDRED TWO OF THIS ARTICLE, NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE THE ISSUANCE OF A SUBPOENA BY A COURT FOR THE PRODUCTION OF AN ORIGINAL RECORD OF A HEALTH CARE PRACTITIONER.

 

(b) Delivery to clerk. Where a court has designated a clerk to receive records described in subdivision (A) OF THIS SECTION, delivery may be made to him OR HER at or before the time fixed for their production. The clerk shall give a receipt for the records and notify the person subpoenaed when they are no longer required. The records shall be delivered in a sealed envelope indicating the title of the action, the date fixed for production and the name and address of the attorney appearing on the subpoena. They shall be available for inspection pursuant to the rules or order of the court.

 

Section 2. This act shall take effect immediately.

 

Status:

04/18/2005 REFERRED TO CODES

05/04/2005 AMEND AND RECOMMIT TO CODES; PRINT NUMBER 4855A

06/01/2005 REPORTED AND COMMITTED TO RULES

06/07/2005 ORDERED TO THIRD READING CAL.1397

06/16/2005 AMENDED ON THIRD READING 4855B

06/20/2005 PASSED SENATE; DELIVERED TO ASSEMBLY; referred to judiciary

06/24/2005 substituted for a8560a; ordered to third reading rules cal.1011; passed assembly; returned to senate

07/28/2005 DELIVERED TO GOVERNOR

08/09/2005 VETOED MEMO.58

 

Sponsor Information:

John A. DeFrancisco (R-Majority)

 

Sponsor:

DeFrancisco