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Association of Health Information Outsourcing Services

08/16/2005 - 08/22/2005

 

New Legislative Entries

 

North Carolina H.B. 99

Category:

Medical Records Privacy

 

Last Action:

08/16/2005 In HOUSE. Received to concur in SENATE committee substitute.

 

Synopsis:

An act to amend the workers' compensation act and to create the study committee on workers' compensation benefits.

 

Additional Information:

Language as Engrossed on August 12, 2005

 

SECTION 6.1. Article 1 of Chapter 97 of the General Statutes is amended by adding a new section to read:

 

" SECTION 97-25.6. REASONABLE ACCESS TO MEDICAL INFORMATION.

 

NOTWITHSTANDING THE PROVISIONS OF G.S. 8-53, ANY LAW RELATING TO THE PRIVACY OF MEDICAL RECORDS OR INFORMATION, AND THE PROHIBITION AGAINST EX PARTE COMMUNICATIONS AT COMMON LAW, AN EMPLOYER OR INSURER PAYING MEDICAL COMPENSATION TO A PROVIDER RENDERING TREATMENT UNDER THIS ARTICLE MAY OBTAIN RECORDS OF THE TREATMENT WITHOUT THE EXPRESS AUTHORIZATION OF THE EMPLOYEE. IN ADDITION, WITH WRITTEN NOTICE TO THE EMPLOYEE, THE EMPLOYER OR INSURER MAY OBTAIN DIRECTLY FROM A MEDICAL PROVIDER MEDICAL RECORDS OF EVALUATION OR TREATMENT RESTRICTED TO A CURRENT INJURY OR CURRENT CONDITION FOR WHICH AN EMPLOYEE IS CLAIMING COMPENSATION FROM THAT EMPLOYER UNDER THIS ARTICLE.

 

ANY MEDICAL RECORDS OR REPORTS, RESTRICTED TO CONDITIONS RELATED TO THE INJURY OR ILLNESS FOR WHICH THE EMPLOYEE IS SEEKING COMPENSATION, IN THE POSSESSION OF THE EMPLOYEE SHALL BE FURNISHED BY THE EMPLOYEE TO THE EMPLOYER WHEN REQUESTED IN WRITING BY THE EMPLOYER.

 

AN EMPLOYER OR INSURER PAYING COMPENSATION FOR AN ADMITTED CLAIM OR PAYING WITHOUT PREJUDICE PURSUANT TO G.S. 97-18(D) MAY COMMUNICATE WITH AN EMPLOYEE'S MEDICAL PROVIDER IN WRITING, LIMITED TO SPECIFIC QUESTIONS PROMULGATED BY THE COMMISSION, TO DETERMINE, AMONG OTHER INFORMATION, THE DIAGNOSIS FOR THE EMPLOYEE'S CONDITION, THE REASONABLE AND NECESSARY TREATMENT, THE ANTICIPATED TIME THAT THE EMPLOYEE WILL BE OUT OF WORK, THE RELATIONSHIP, IF ANY, OF THE EMPLOYEE'S CONDITION TO THE EMPLOYMENT, THE RESTRICTIONS FROM THE CONDITION, THE KIND OF WORK FOR WHICH THE EMPLOYEE MAY BE ELIGIBLE, THE ANTICIPATED TIME THE EMPLOYEE WILL BE RESTRICTED, AND THE PERMANENT IMPAIRMENT, IF ANY, AS A RESULT OF THE CONDITION. WHEN THESE QUESTIONS ARE USED, A COPY OF THE WRITTEN COMMUNICATION SHALL BE PROVIDED TO THE EMPLOYEE AT THE SAME TIME AND BY THE SAME MEANS AS THE COMMUNICATION IS PROVIDED TO THE PROVIDER.

 

OTHER FORMS OF COMMUNICATION WITH A MEDICAL PROVIDER MAY BE AUTHORIZED BY (I) A VALID WRITTEN AUTHORIZATION VOLUNTARILY GIVEN AND SIGNED BY THE EMPLOYEE, (II) BY AGREEMENT OF THE PARTIES, OR (III) BY ORDER OF THE COMMISSION ISSUED UPON A SHOWING THAT THE INFORMATION SOUGHT IS NECESSARY FOR THE ADMINISTRATION OF THE EMPLOYEE'S CLAIM AND IS NOT OTHERWISE REASONABLY OBTAINABLE UNDER THIS SECTION OR THROUGH OTHER PROVISIONS FOR DISCOVERY AUTHORIZED BY THE COMMISSION'S RULES. IN ADOPTING RULES OR AUTHORIZING EMPLOYER COMMUNICATIONS WITH MEDICAL PROVIDERS, THE COMMISSION SHALL PROTECT THE EMPLOYEE'S RIGHT TO A CONFIDENTIAL PHYSICIAN-PATIENT RELATIONSHIP WHILE FACILITATING THE RELEASE OF INFORMATION NECESSARY TO THE ADMINISTRATION OF THE EMPLOYEE'S CLAIM.

 

UPON MOTION BY AN EMPLOYEE OR PROVIDER FROM WHOM MEDICAL RECORDS OR REPORTS ARE SOUGHT OR UPON ITS OWN MOTION, FOR GOOD CAUSE SHOWN, THE COMMISSION MAY MAKE ANY ORDER WHICH JUSTICE REQUIRES TO PROTECT AN EMPLOYEE OR OTHER PERSON FROM UNREASONABLE ANNOYANCE, EMBARRASSMENT, OPPRESSION, OR UNDUE BURDEN OR EXPENSE. "

 

Status:

02/03/2005 FILED.

02/07/2005 INTRODUCED.

02/07/2005 To HOUSE Committee on TRANSPORTATION.

03/10/2005 From HOUSE Committee on TRANSPORTATION: Reported favorably.

03/15/2005 In HOUSE. Read second and third time. Passed HOUSE. *****To SENATE.

03/16/2005 To SENATE Committee on FINANCE.

08/10/2005 Withdrawn from SENATE Committee on FINANCE.

08/10/2005 Re-referred to SENATE Committee on COMMERCE.

08/12/2005 From SENATE Committee on COMMERCE: Reported favorably with substitute.

08/12/2005 In SENATE. COMMERCE committee substitute adopted on SENATE floor.

08/12/2005 In SENATE. Amendment number 1 adopted on SENATE floor.

08/12/2005 In SENATE. Read second and third time. Passed SENATE. *****To HOUSE for concurrence.

08/16/2005 In HOUSE. Received to concur in SENATE committee substitute.

 

Sponsor Information:

Pryor A. Gibson III (D-Majority)

 

Sponsor:

Gibson

 

 


 

Legislative Movement

 

 

California A.B. 354

Category:

Medical Records Privacy

 

Last Action:

08/18/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on Appropriations

 

Synopsis:

As amended on August 18, 2005. Telemedicine. Existing law, the Medical Practice Act, regulates the practice of telemedicine, defined as the practice of health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communications. This bill would, commencing July 1, 2006, and until January 1, 2009, authorize under the medi-cal program, to the extent that federal financial participation is available, "teleophthalmology and teledermatology by store and forward," as defined. The bill would require the State Department of Health Services to, on or before January 1, 2008, report to the Legislature specified information regarding store and forward telemedicine provided under this provision as a Medi-Cal benefit. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: No.

 

Additional Information:

Language as Amended on August 18, 2005:

 

SECTION 1. SECTION 14132.725 IS ADDED TO THE WELFARE AND INSTITUTIONS CODE , TO READ:

 

14132.725. (A) COMMENCING JULY 1, 2006, TO THE EXTENT THAT FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE, FACE-TO-FACE CONTACT BETWEEN A HEALTH CARE PROVIDER AND A PATIENT SHALL NOT BE REQUIRED UNDER THE MEDI-CAL PROGRAM FOR TELEOPHTHALMOLOGY AND TELEDERMATOLOGY BY STORE AND FORWARD. SERVICES APPROPRIATELY PROVIDED THROUGH THIS STORE AND FORWARD PROCESS ARE SUBJECT TO BILLING AND REIMBURSEMENT POLICIES DEVELOPED BY THE DEPARTMENT.

 

(B) FOR PURPOSES OF THIS SECTION, "TELEOPHTHALMOLOGY AND TELEDERMATOLOGY BY STORE AND FORWARD" MEANS AN ASYNCHRONOUS TRANSMISSION OF MEDICAL INFORMATION TO BE REVIEWED AT A LATER TIME BY A PHYSICIAN AT A DISTANT SITE WHO IS TRAINED IN OPHTHALMOLOGY OR DERMATOLOGY, WHERE THE PHYSICIAN AT THE DISTANT SITE REVIEWS THE MEDICAL INFORMATION WITHOUT THE PATIENT BEING PRESENT IN REAL TIME.

 

(C) NOTWITHSTANDING CHAPTER 3.5 (COMMENCING WITH SECTION 11340) OF PART 1 OF DIVISION 3 OF TITLE 2 OF THE GOVERNMENT CODE, THE DEPARTMENT MAY IMPLEMENT, INTERPRET, AND MAKE SPECIFIC THIS SECTION BY MEANS OF ALL COUNTY LETTERS, PROVIDER BULLETINS, AND SIMILAR INSTRUCTIONS.

 

(D) ON OR BEFORE JANUARY 1, 2008, THE DEPARTMENT SHALL REPORT TO THE LEGISLATURE THE NUMBER AND TYPE OF SERVICES PROVIDED, AND THE PAYMENTS MADE RELATED TO THE APPLICATION OF STORE AND FORWARD TELEMEDICINE AS PROVIDED, UNDER THIS SECTION AS A MEDI-CAL BENEFIT.

 

(E) THIS SECTION SHALL REMAIN IN EFFECT ONLY UNTIL JANUARY 1, 2009, AND AS OF THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, THAT IS ENACTED BEFORE JANUARY 1, 2009, DELETES OR EXTENDS THAT DATE.

 

Status:

02/10/2005 Read first time.

02/22/2005 Referred to Committee on Business and Professions

04/20/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 10. Noes 0.) (April 19).

05/05/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on Appropriations Read second time and amended.

05/09/2005 Re-referred to Committee on Appropriations

05/12/2005 From committee: Amend, and do pass as amended. To Consent Calendar. (May 11).

05/16/2005 Read second time and amended. Ordered returned to second reading.

05/17/2005 Read second time. To Consent Calendar.

05/19/2005 In Senate. Read first time. To Committee on Rules for assignment.; Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 74. Noes 0. Page 1637.)

05/26/2005 Referred to Committees on HEALTH and B., P. & E.D.

06/09/2005 From committee: Do pass, and re-refer to Committee on B., P. & E.D. Re-referred. (Ayes 9. Noes 0.).

06/20/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on B., P. & E.D.

06/22/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on B., P. & E.D.

06/28/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 6. Noes 0.).

08/18/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on Appropriations

 

Sponsor:

David 'Dave' Cogdill (R-Minority)

 

 

 

California A.B. 576

Category:

Medical Records Privacy

 

Last Action:

08/15/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on HEALTH.

 

Synopsis:

States the intent of the Legislature that the Legislature and Governor will agree to fund the California State Immunization Information System by the 2007-08 fiscal year, and each year thereafter.

 

Additional Information:

AB 576, as amended on August 15, 2005, Wolk. Immunizations.

 

Existing law regulates the sharing of a patient's or client's immunization information between a health care provider, local health department, the department, and other agencies. Existing law prescribes the process by which a patient or client, or parent or guardian of a patient or client, may refuse to allow the information to be shared.

 

This bill would allow the patient's or client's physician, local health departments, and the department to maintain access to this information for the purpose of patient care or protecting the public health after the patient or client, or parent or guardian of a patient or client, refuses the sharing of the information. The bill would also allow local health departments and the department to share the name of a patient or client, or parent or guardian of a patient or client, with a state, local health department, health care provider, immunization information system, or any representative of an entity designated by federal or state law to receive this information, unless the patient or client, or parent or guardian of the patient or client, refuses to allow the information to be shared.

 

Existing law requires the State Department of Health Services to submit a biennial report to the Legislature on the immunization levels of children in the state, steps taken to increase immunization levels and immunization education, and recommendations of a strategy and the funding that would be necessary to immunize all children in the state.

 

This bill would require the department to submit the biennial report on March 1, rather than March 15.

 

THIS BILL WOULD ALSO STATE THE INTENT OF THE LEGISLATURE TO ENSURE THE FULL FUNDING OF THE CALIFORNIA STATE IMMUNIZATION INFORMATION SYSTEM BY THE 2007-08 FISCAL YEAR AND EACH YEAR THEREAFTER, FOR THE HEALTH AND WELL-BEING OF CALIFORNIA'S CHILDREN AND ALL OTHER CITIZENS.

 

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

 

Status:

02/16/2005 Read first time.

03/30/2005 Referred to Committees on HEALTH and Judiciary and Appropriations

04/04/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on HEALTH. Read second time and amended.

04/05/2005 Re-referred to Committee on HEALTH.

04/20/2005 From committee: Do pass, and re-refer to Committee on Judiciary Re-referred. (Ayes 13. Noes 1.) (April 19).

04/27/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 6. Noes 3.) (April 26).

05/04/2005 In committee: Set, first hearing. Referred to Appropriations suspense file.

05/26/2005 From committee: Amend, and do pass as amended. (Ayes 13. Noes 5.) (May 25). Read second time and amended. Ordered returned to second reading.

05/27/2005 Read second time. To third reading.

05/31/2005 Read third time, passed, and to Senate. (Ayes 78. Noes 1. Page 1905.)

06/01/2005 In Senate. Read first time. To Committee on Rules for assignment.

06/09/2005 Referred to Committees on HEALTH and Judiciary

06/13/2005 In committee: Set, first hearing. Hearing canceled at the request of author.

06/20/2005 In committee: Set, second hearing. Hearing canceled at the request of author.

08/15/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on HEALTH.

 

Sponsor Information:

Lois Wolk (D-Majority)

 

Sponsor:

Wolk

 

 

 

California A.B. 1517

Category:

Medical Records Privacy

 

Last Action:

08/18/2005 Read second time. To third reading.

 

Synopsis:

As amended on August 17, 2005: Existing law authorizes the Department of Motor Vehicles to require fingerprint images and associated information from any employee or prospective employee whose duties include or would include access to certain confidential information, access to cash or checks, responsibility with respect to a critical automated system, or making decisions regarding licenses and other matters. This bill would require the Department of Managed Health Care to require fingerprint images and associated information from any prospective employee whose duties would include access to medical information. This bill would require the department to require that any services contract or interagency agreement that may include review of medical information for compliance with the Knox-Keene Health Care Service Plan Act of 1975 and entered into, renewed, or amended after January 1, 2006, include a provision requiring the contractor to agree to permit the department to run criminal background checks on its employees, contractors, agents, or subcontractors who will have access to this information. This bill would authorize those fingerprint images and associated information to be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of a record of state or federal level convictions and arrests, as specified. The bill would authorize the Department of Justice to assess a fee sufficient to cover the processing costs for providing that information.

 

Status:

02/22/2005 Read first time.

03/14/2005 Referred to Committee on Public Safety

04/19/2005 In committee: Set, first hearing. Hearing canceled at the request of author.

04/28/2005 From committee: Amend, and do pass as amended, and re-refer to Committee on Appropriations (Ayes 6. Noes 0.) (April 26).

05/02/2005 Read second time and amended.

05/03/2005 Re-referred to Committee on Appropriations

05/12/2005 From committee: Do pass. To Consent Calendar. (May 11).

05/16/2005 Read second time. To Consent Calendar.

05/19/2005 From Consent Calendar. To third reading.

05/23/2005 Read third time, passed, and to Senate. (Ayes 42. Noes 27. Page 1679.); In Senate. Read first time. To Committee on Rules for assignment.

06/02/2005 Referred to Committee on Public Safety

06/15/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on Public Safety

06/29/2005 From committee: Amend, do pass as amended, and re-refer to Committee on Appropriations (Ayes 7. Noes 0.).

06/30/2005 Read second time, amended, and re-referred to Committee on Appropriations

08/16/2005 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

08/17/2005 Read second time. To third reading.; Read third time, amended. To second reading.

08/18/2005 Read second time. To third reading.

 

Sponsor:

Sharon Y. Runner (R-Majority)