Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

08/25/2005 - 08/31/2005

 

Legislative Movement

 

 

California A.B. 354

Category:

Medical Records Privacy

 

Last Action:

08/30/2005 Read second time. To third reading.

 

Synopsis:

As amended on August 29, 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 29, 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. A PATIENT RECEIVING TELEOPHTHALMOLOGY OR TELEDERMATOLOGY BY STORE AND FORWARD SHALL BE NOTIFIED OF THE RIGHT TO RECEIVE INTERACTIVE COMMUNICATION WITH THE DISTANT SPECIALIST PHYSICIAN, AND SHALL RECEIVE AN INTERACTIVE COMMUNICATION WITH THE DISTANT SPECIALIST PHYSICIAN, UPON REQUEST. IF REQUESTED, COMMUNICATION WITH THE DISTANT SPECIALIST PHYSICIAN MAY OCCUR EITHER AT THE TIME OF THE CONSULTATION, OR WITHIN 30 DAYS OF THE PATIENT'S NOTIFICATION OF THE RESULTS OF THE CONSULTATION.

 

(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

08/23/2005 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

08/24/2005 Read second time. To third reading.

08/29/2005 Read third time, amended. To second reading.

08/30/2005 Read second time. To third reading.

 

Sponsor:

David 'Dave' Cogdill (R-Minority)

 

 

 

California A.B. 1517

Category:

Medical Records Privacy

 

Last Action:

08/29/2005 Senate amendments concurred in. To enrollment.

 

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.

08/23/2005 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 25 pursuant to Assembly Rule 77.; Read third time, passed, and to Assembly. (Ayes 37. Noes 0. Page 2229.)

08/29/2005 Senate amendments concurred in. To enrollment.

 

Sponsor:

Sharon Y. Runner (R-Majority)

 

 

 

California A.B. 1672

Category:

Medical Records Privacy

 

Last Action:

08/24/2005 Re-referred to Committee on Appropriations

 

Synopsis:

AB 1672, Irrelevant as amended on August 23, 2005.

 

Additional Information:

AB 1672, Irrelevant as amended on August 23, 2005.

 

Status:

02/22/2005 Read first time.

03/30/2005 Referred to Committee on HEALTH.

05/02/2005 From committee: Amend, and do pass as amended, and re-refer to Committee on Appropriations (Ayes 11. Noes 0.) (April 26).

05/03/2005 Read second time and amended.

05/04/2005 Re-referred to Committee on Appropriations

05/18/2005 In committee: Set, first hearing. Referred to Appropriations suspense file.

05/25/2005 In committee: Set, second hearing. Held under submission.

08/23/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on Appropriations Read second time and amended.

08/24/2005 Re-referred to Committee on Appropriations

 

Sponsor Information:

Joseph 'Joe' Nation (D-Majority)

 

Sponsor:

Nation

 

 

 

New York S.B. 4775

Category:

Medical Records Privacy

 

Last Action:

08/23/2005 Signed by 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 Enacted on August 23, 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

08/23/2005 Signed by GOVERNOR.

 

Sponsor Information:

Thomas P. Morahan (R-Majority)

 

Sponsor:

Morahan

 

 

 

North Carolina H.B. 99

Category:

Medical Records Privacy

 

Last Action:

08/24/2005 In House; Ratified; Pres. To Gov. 8/24/2005

 

Synopsis:

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

 

Additional Information:

Language as Enrolled on August 24, 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 In House; Filed

02/07/2005 In House; Referred To Committee On Transportation

03/10/2005 In House; Reported Favorably; Calendar Pursuant Rule 36(b)

03/14/2005 In House; Placed On Calendar For 3/15/2005

03/15/2005 In House; Passed 2nd & 3rd Reading

03/16/2005 In Senate; Received From House; Referred To Committee On Finance

08/10/2005 In Senate; Withdrawn From Committee; Re-ref Committee On Commerce

08/12/2005 In Senate; Reported Favorably Committee Substitute; Committee Substitute Adopted; Committee Amendment Adpt & Engross # 1; Placed On Calendar For 8/12/2005; Passed 2nd & 3rd Reading

08/16/2005 In House; Received To Concur S Committee Sub; Calendar Pursuant Rule 36(b)

08/18/2005 In House; Placed On Calendar For 8/22/2005

08/23/2005 In House; Concurred In S/Committee Substitute

08/24/2005 In House; Ratified; Pres. To Gov. 8/24/2005

 

Sponsor Information:

Pryor A. Gibson III (D-Majority)

 

Sponsor:

Gibson