Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

09/01/2005 - 09/07/2005

 

New Legislative Entries

 

Arizona E.O. 28

Category:

Medical Records Privacy

 

Last Action:

08/30/2005 Filed with the Secretary of State.

 

Synopsis:

(Executive Order 2005-25) Directs the Government Information Technology Agency to call a summit of health care industry executives, technology leaders, content experts, major employers, community leaders and interested government agencies to participate in creation of an e-health information infrastructure; creates a Steering Committee; requires a guideline to be developed named the Arizona Health -e Connection Roadmap; concerns statewide and nationwide health information exchange.

 

Additional Information:

1. The Director of Government Information Technology Agency ("GITA") shall convene a Call to Action Summit of health care industry executives, technology leaders, content experts, major employers, community leaders and interested government agencies within sixty (60) days of the execution of this Order to solicit input and participation in the creation of an e-health information infrastructure for Arizona.

 

2. There is hereby created a Steering Committee for Arizona Health-e Connection (the "Steering Committee"). The Steering Committee shall be chaired by the Director of GITA and shall comprehensively review issues surrounding the creation of an e-health information infrastructure in Arizona and develop guidance (to be known as the "Arizona Health-e Connection Roadmap") for the users of such infrastructure.

 

3. Members of the Steering Committee shall be appointed by, and serve without compensation at the pleasure of, the Governor. The Steering Committee shall include representatives from: Major employers; Health plans; Physician community; Hospitals and hospital systems; Healthcare foundations and organizations involved in e-health information; Healthcare Associations; Arizona Health Care Cost Containment System; Arizona Department of Health Services; Arizona Department of Administration; Arizona Department of Insurance; Arizona Universities; Health information, privacy and security content experts

 

3. Task groups within the Steering Committee shall be formed to develop recommendations for: Identifying existing e-health resources, including funding sources, to support the development of a statewide e-health information infrastructure; Identifying technology options, and their advantages and disadvantages, for a statewide e-health information infrastructure; Identifying options for serving consumer health information needs; Ensuring health information privacy and security in electronic health information exchange; Facilitating statewide adoption of electronic health record standards to enable health information exchange across the state and nationally; and Creating organizational and governance structures for a statewide e-health information infrastructure.

 

4. The Steering Committee shall explore funding options for the cost of developing the Arizona Health -e Connection Roadmap and the subsequent development of an e-health information infrastructure for Arizona.

 

5. No later than one hundred eighty (180) days following the Call to Action Summit, the Steering Committee shall submit to the Governor the Arizona Health-e Connection Roadmap, detailing recommended actions and key milestone dates to achieve within the next five years the goals stated in this Executive Order.

 

Status:

08/30/2005 INTRODUCED.

08/30/2005 Filed with the Secretary of State.

 

Sponsor Information:

Governor Janet Napolitano (Democrat)

 

Sponsor:

Office of the Governor

 

 

 

California A.B. 779

Category:

Medical Records Privacy

 

Last Action:

09/01/2005 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY for concurrence.

 

Synopsis:

Requires the Department of Health Services to implement a state-level automated procedure to give Medi-Cal providers access to designated information with respect to the providers' patients who are Medi-Cal beneficiaries, regarding the beneficiaries' Medi-Cal eligibility, annual eligibility redetermination and scheduled status report forms.

 

Additional Information:

AB 779, as amended on August 30, 2005, De La Torre Medi-Cal: maintaining eligibility.

 

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Services and under which qualified low-income persons receive health care services.

 

Existing law requires the department to prospectively notify a Medi-Cal managed care plan of the date of the regularly scheduled annual redetermination of a Medi-Cal beneficiary in a disabled aid category, who is enrolled in that plan and where eligibility redetermination is the responsibility of the department.

 

This bill would require the department to implement, on or before June 30, 2006, to the extent funds are appropriated for this purpose, a state-level automated procedure to give Medi-Cal providers access to DESIGNATED information WITH RESPECT TO THE PROVIDERS' PATIENTS WHO ARE MEDI-CAL BENEFICIARIES, regarding the date upon which any THE BENEFICIARIES' MEDI-CAL ELIGIBILITY, annual eligibility redetermination or , AND scheduled status report forms must be submitted by their patients who are beneficiaries to continue their eligibility in the Medi-Cal program .

 

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

 

Status:

02/18/2005 INTRODUCED.

03/03/2005 To ASSEMBLY Committee on HEALTH.

04/18/2005 From ASSEMBLY Committee on HEALTH with author's amendments.

04/18/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on HEALTH.

04/19/2005 From ASSEMBLY Committee on HEALTH: Do pass as amended to Committee on APPROPRIATIONS.

04/26/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on APPROPRIATIONS.

05/11/2005 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File.

05/25/2005 From ASSEMBLY Committee on APPROPRIATIONS: Do pass as amended.

05/27/2005 In ASSEMBLY. Read second time and amended. To second reading.

05/31/2005 In ASSEMBLY. Read second time. To third reading.

06/01/2005 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE.

06/09/2005 To SENATE Committee on HEALTH.

06/15/2005 From SENATE Committee on HEALTH: Do pass to Committee on APPROPRIATIONS.

06/27/2005 In SENATE Committee on APPROPRIATIONS: To Suspense File.

08/25/2005 From SENATE Committee on APPROPRIATIONS: Do pass as amended.

08/30/2005 In SENATE. Read second time and amended. To third reading.

08/31/2005 In SENATE. From third reading. To Special Consent Calendar.

09/01/2005 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY for concurrence.

 

Sponsor Information:

Hector De La Torre (D-Majority)

 

Sponsor:

De La Torre

 

 

 

California A.B. 800

Category:

Medical Records Privacy

 

Last Action:

09/01/2005 *****To GOVERNOR.

 

Synopsis:

Existing law provides for access by a patient to his or her health records and requires that a patient's clinical laboratory test results be conveyed in plain language and in oral, written, or electronic form. This bill would require all health facilities and all primary care clinics, except long-term care facilities meeting certain criteria, to include a patient's principal spoken language on the patient's health records.

 

Additional Information:

Language as Enrolled on August 31, 2005

 

SECTION 1. Section 123147 is added to the Health and Safety Code, to read:

 

123147. (a) Except as provided in subdivision (b), all health facilities, as defined in Section 1250, and all primary care clinics that are either licensed under Section 1204 or exempt from licensure under Section 1206, shall include a patient's principal spoken language on the patient's health records.

 

(b) Any long-term health care facility, as defined in Section 1418, that already completes the minimum data set form as specified in Section 14110.15 of the Welfare and Institutions Code, including documentation of a patient's principal spoken language, shall be deemed to be in compliance with subdivision (a).

 

Status:

02/18/2005 INTRODUCED.

03/30/2005 To ASSEMBLY Committee on HEALTH.

04/04/2005 From ASSEMBLY Committee on HEALTH with author's amendments.

04/04/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on HEALTH.

04/19/2005 From ASSEMBLY Committee on HEALTH: Do pass as amended to Committee on APPROPRIATIONS.

04/26/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on APPROPRIATIONS.

05/04/2005 From ASSEMBLY Committee on APPROPRIATIONS: Do pass. To Consent Calendar.

05/09/2005 In ASSEMBLY. Read second time. To Consent Calendar.

05/16/2005 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE.

05/26/2005 To SENATE Committee on HEALTH.

06/02/2005 From SENATE Committee on HEALTH with author's amendments.

06/02/2005 In SENATE. Read second time and amended. Re- referred to Committee on HEALTH.

06/08/2005 From SENATE Committee on HEALTH: Do pass to Committee on APPROPRIATIONS.

06/27/2005 From SENATE Committee on APPROPRIATIONS: To second reading without further hearing pursuant to Senate Rule 28.8.

06/29/2005 In SENATE. Read second time. To third reading.

08/22/2005 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY for concurrence.

08/29/2005 In ASSEMBLY. ASSEMBLY concurred in SENATE amendments. To enrollment.

08/31/2005 Enrolled.

09/01/2005 *****To GOVERNOR.

 

Sponsor Information:

Leland Yee (D-Majority)

 

Sponsor:

Yee

 

 

 

California A.B. 1278

Category:

Medical Records Privacy

 

Last Action:

09/01/2005 In ASSEMBLY. ASSEMBLY concurred in SENATE amendments. To enrollment.

 

Synopsis:

Revises the medical and social information to be included on a certificate of live birth relating to prenatal activities and procedures and principal sources of payment for prenatal care and delivery. Requires the Vital Statistics Advisory Committee to conduct a review of the contents of the certificate of live birth to coincide with revisions by the National Center for Health Statistics to the United States Standard Certificate of Live Birth. Relates to issuance of certified birth and death records.

 

Additional Information:

Digest Language as Enrolled on September 2, 2005:

 

Existing law requires the certificate of fetal death to contain a 1st section containing those items necessary to establish the fact of fetal death, and a 2nd section containing those items relating to medical and health data.

 

This bill would require that the information contained in the 2nd section be kept confidential and be labeled accordingly.

 

Existing law provides that the medical and social information contained in a certificate of live birth shall be confidential and limits access to this confidential information to certain persons and entities.

 

This bill would provide that the 2nd section of the certificate of fetal death relating to medical and health data and the electronic file of certain birth information shall similarly be confidential, and would authorize access by the county coroner and certain other persons and entities to that confidential information as well as to the medical and social information contained in a certificate of live birth.

 

Existing law, commencing January 1, 2006, prohibits local registrars and county recorders from issuing informational certified copies of birth and death certificates from any source other than the statewide database prepared by the State Registrar.

 

This bill would change the operative date of this prohibition from January 1, 2006, to July 1, 2007.

 

Existing law requires all certified copies of birth and death records issued by the State Registrar, local registrar, or county recorder to be printed on chemically sensitized security paper. Existing law also requires these entities to issue an informational certified copy of these documents under certain circumstances. Existing law, commencing January 1, 2006, requires that the security paper used for informational certified copies of birth and death records also contain a statement in perforated type that states "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY."

 

This bill would change the operative date for this requirement from January 1, 2006, to July 1, 2007.

 

Status:

02/22/2005 INTRODUCED.

03/17/2005 To ASSEMBLY Committees on HEALTH and JUDICIARY.

04/13/2005 From ASSEMBLY Committee on HEALTH with author's amendments.

04/13/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on HEALTH.

04/19/2005 From ASSEMBLY Committee on HEALTH: Do pass to Committee on JUDICIARY.

04/26/2005 From ASSEMBLY Committee on JUDICIARY: Do pass as amended to Committee on APPROPRIATIONS.

05/04/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on APPROPRIATIONS.

05/11/2005 From ASSEMBLY Committee on APPROPRIATIONS: Do pass. To Consent Calendar.

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

05/19/2005 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE.

05/26/2005 To SENATE Committees on HEALTH and JUDICIARY.

06/15/2005 From SENATE Committee on HEALTH: Do pass to Committee on JUDICIARY.

06/28/2005 From SENATE Committee on JUDICIARY: Do pass as amended to Committee on APPROPRIATIONS.

07/06/2005 In SENATE. Read second time and amended. Re- referred to Committee on APPROPRIATIONS.

08/15/2005 From SENATE Committee on APPROPRIATIONS: To second reading without further hearing pursuant to Senate Rule 28.8.

08/17/2005 In SENATE. Read second time. To third reading.

08/24/2005 In SENATE. Read third time and amended. To second reading.

08/25/2005 In SENATE. Read second time. To third reading.

08/29/2005 In SENATE. To Special Consent Calendar.

08/30/2005 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY for concurrence.

09/01/2005 In ASSEMBLY. ASSEMBLY concurred in SENATE amendments. To enrollment.

 

Sponsor Information:

William 'Bill' Emmerson (R-Minority)

 

Sponsor:

Emmerson

 

 

 

California A.B. 1712

Category:

Pricing

 

Last Action:

08/31/2005 Enrolled.

 

Synopsis:

Authorizes the City of Berkeley to authorize an increase in the fees within its local health jurisdiction for certified copies of birth certificates, fetal death records, and death records which are placed in a special fund with a percentage of the fund to be used for oversight and coordination of domestic violence and family violence prevention, intervention and prosecution efforts. Requires a report by the city council on certain fees and prevention and prosecution of such violence.

 

Additional Information:

Language as Enrolled on August 31, 2005:

 

AB 1712, Hancock Domestic violence.

 

Existing law authorizes the Alameda County Board of Supervisors, upon making findings and declarations supporting the need for governmental oversight and coordination of the multiple agencies dealing with domestic violence, to authorize an increase in the fees for certified copies of marriage certificates, birth certificates, fetal death records, and death records, up to a maximum increase of $ 2. Existing law authorizes the Alameda County Board of Supervisors to authorize an increase in those fees each year. In addition to those fees, existing law requires any applicant for a certified copy of a birth certificate, a fetal death record, or death record in Alameda County to pay an additional fee to the local registrar, county recorder, or county clerk as established by the Alameda County Board of Supervisors.

 

Existing law requires the Alameda County Board of Supervisors to direct the local registrar, county recorder, and county clerk to deposit the above fees into a special fund. Existing law authorizes the county to retain up to 4% of the fund for administrative costs and requires proceeds from the fund to be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts.

 

The above provisions of existing law remain in effect only until January 1, 2010.

 

This bill would additionally authorize the City Council of the City of Berkeley to authorize an increase in the fees within its local health jurisdiction for certified copies of birth certificates, fetal death records, and death records, up to a maximum increase of $ 2. The bill would also authorize the city to authorize an increase in those fees each year and to establish an additional fee that any applicant for a certified copy of a birth certificate, a fetal death record, or death record in the city must pay to the local registrar. The bill would require the city to direct the local registrar to deposit the above fees into a special fund, separate from the county' s special fund, and would authorize the city to retain up to 4% of the fund for administrative costs.

 

This bill would require the City Council of the City of Berkeley to submit a report to the Assembly Committee on Judiciary and the Senate Committee on Judiciary, by no later than July 1, 2009, containing designated information relating to the receipt and expenditure of the authorized fees and domestic violence prevention, intervention, and prosecution efforts in the city.

 

This bill would state the finding and declaration of the Legislature that, due to unique circumstances applicable to the City of Berkeley, a statute of general applicability cannot be made applicable.

 

Status:

02/22/2005 INTRODUCED.

04/11/2005 To ASSEMBLY Committee on JUDICIARY.

04/11/2005 From ASSEMBLY Committee on JUDICIARY with author's amendments.

04/11/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on JUDICIARY.

05/03/2005 From ASSEMBLY Committee on JUDICIARY: Do pass.

05/04/2005 In ASSEMBLY. Read second time. To third reading.

05/19/2005 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE.

06/02/2005 To SENATE Committee on LOCAL GOVERNMENT.

06/16/2005 From SENATE Committee on LOCAL GOVERNMENT with author's amendments.

06/16/2005 In SENATE. Read second time and amended. Re- referred to Committee on LOCAL GOVERNMENT.

06/29/2005 From SENATE Committee on LOCAL GOVERNMENT with author's amendments.

06/29/2005 In SENATE. Read second time and amended. Re- referred to Committee on LOCAL GOVERNMENT.

07/13/2005 From SENATE Committee on LOCAL GOVERNMENT: Do pass.

07/14/2005 In SENATE. Read second time. To third reading.

08/18/2005 In SENATE. Read third time. Failed to pass SENATE.

08/18/2005 In SENATE. Reconsideration granted.

08/22/2005 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY for concurrence.

08/29/2005 In ASSEMBLY. ASSEMBLY concurred in SENATE amendments. To enrollment.

08/31/2005 Enrolled.

 

Sponsor Information:

Loni Hancock (D-Majority)

 

Sponsor:

Hancock

 

 

 

California A.C.R. 86

Category:

Medical Records Privacy

 

Last Action:

08/31/2005 To SENATE Committee on RULES.

 

Synopsis:

This measure would urge all Californians to participate in the ICE (In Case of Emergency) campaign by entering ICE information into their cell phone memory, thereby assisting medical and other personnel in an emergency to contact designated persons and access medical data.

 

Additional Information:

Language as Amended on August 30, 2005:

 

WHEREAS, In 2003, there were approximately 6,328,000 car accidents in the United States and 42,643 persons killed and 2.9 million persons injured in these accidents; and WHEREAS, The federal Centers for Disease Control and Prevention reported that in 2003, 900,000 emergency room patients could not provide contact information because they were incapacitated; and WHEREAS, There are over 192,000,000 cell phones in the United States and they are accessories that most people have with them at all times; and WHEREAS, The addition of an emergency contact number in a person's cell phone memory under the heading "ICE" (In Case of Emergency) would enable paramedics and police to contact designated persons or obtain medical information in an emergency situation; and WHEREAS, ICE is the brainchild of a British ambulance service paramedic and the campaign for its use has rapidly spread throughout the world as a particular consequence of the terrorist attacks in London; and WHEREAS, In addition to medical history bracelets and identification cards, ICE is a resource for first responders and emergency professionals in the event of an emergency; now, therefore, be it

 

Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature hereby urges all Californians to participate in the ICE campaign by entering ICE information into their cell phone memory, thereby assisting medical and other emergency personnel to contact designated persons and access medical data; and be it further

 

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the Governor of the State of California and to the author for appropriate distribution.

 

Status:

08/16/2005 INTRODUCED.

08/18/2005 To ASSEMBLY Committee on JUDICIARY.

08/23/2005 From ASSEMBLY Committee on JUDICIARY: Be adopted. To Consent Calendar.

08/25/2005 In ASSEMBLY. From Consent Calendar. To third reading.

08/30/2005 In ASSEMBLY. Read second time and amended. To third reading.

08/30/2005 In ASSEMBLY. Read third time. Adopted by ASSEMBLY. *****To SENATE.

08/31/2005 To SENATE Committee on RULES.

 

Sponsor Information:

Nicole M. Parra (D-Majority)

 

Sponsor:

Parra

 

 

 

California S.B. 634

Category:

Medical Records Privacy

 

Last Action:

08/29/2005 Enrolled.

 

Synopsis:

Summary Language as Enrolled on August 29, 2005: Existing law provides for regulation of health insurers by the Insurance Commissioner. Existing law, known as the Health Care Providers Bill of Rights, imposes certain requirements and prohibitions on the relationship between providers of health care services and health insurers relative to alternative rates of payment made by insurers on behalf of covered insureds. Existing law also requires health insurance and self-insured employee welfare benefit plan disclosure forms to be provided to insureds and enrollees, and requires those disclosure forms to contain specified information. This bill would impose additional requirements on health insurers that enter into contracts with health care providers relative to the processing and payment of claims including requiring the disclosure of specified information in electronic format to providers annually and, additionally, upon a contracted provider's request. The bill would also require a contracting agent to disclose such specified information in electronic format to providers annually and upon a contracted provider's written request. The bill would require the health insurance policy or self-insured employee welfare benefit plan disclosure forms to insureds and enrollees to contain the nature and extent of the financial liability that is or may be incurred by the insured, enrollee, or his or her family, where care is furnished by a provider that does not have a contract with the insurer or plan to provide services at an alternative rate of payment.

 

Status:

02/22/2005 INTRODUCED.

03/03/2005 To SENATE Committees on BANKING, FINANCE AND INSURANCE and HEALTH.

04/11/2005 From SENATE Committee on BANKING, FINANCE AND INSURANCE with author's amendments.

04/11/2005 In SENATE. Read second time and amended. Re- referred to Committee on BANKING, FINANCE AND INSURANCE.

04/20/2005 From SENATE Committee on BANKING, FINANCE AND INSURANCE: Do pass to Committee on APPROPRIATIONS.

04/25/2005 Withdrawn from SENATE Committee on APPROPRIATIONS.

04/25/2005 Re-referred to SENATE Committee on HEALTH.

05/04/2005 From SENATE Committee on HEALTH: Do pass as amended.

05/10/2005 In SENATE. Read second time and amended. To third reading.

05/26/2005 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY.

06/09/2005 To ASSEMBLY Committee on HEALTH.

07/05/2005 From ASSEMBLY Committee on HEALTH: Do pass as amended.

07/12/2005 In ASSEMBLY. Read second time and amended. To second reading.

07/13/2005 In ASSEMBLY. Read second time. To third reading.

08/15/2005 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE for concurrence.

08/29/2005 In SENATE. SENATE concurred in ASSEMBLY amendments. To enrollment.

08/29/2005 Enrolled.

 

Sponsor Information:

K. Jacqueline 'Jackie' Speier (D-Majority)

 

Sponsor:

Speier

 

 

 

California S.B. 768

Category:

Medical Records Privacy

 

Last Action:

09/02/2005 In ASSEMBLY. Read third time and amended. To third reading.

 

Synopsis:

An act relating to privacy and the Identity Information Protection Act of 2005.

 

Additional Information:

SB 768, Digest as amended on September 2, 2005, Simitian Marine finfish aquaculture. IDENTITY INFORMATION PROTECTION ACT OF 2005.

 

EXISTING LAW, THE INFORMATION PRACTICES ACT OF 1977, REGULATES THE COLLECTION AND DISCLOSURE OF PERSONAL INFORMATION REGARDING INDIVIDUALS BY STATE AGENCIES, EXCEPT AS SPECIFIED. THE INTENTIONAL DISCLOSURE OF MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL INFORMATION IN VIOLATION OF THE DISCLOSURE PROVISIONS OF THE ACT IS PUNISHABLE AS A MISDEMEANOR IF THE WRONGFUL DISCLOSURE RESULTS IN ECONOMIC LOSS OR PERSONAL INJURY TO THE INDIVIDUAL TO WHOM THE INFORMATION PERTAINS.

 

THIS BILL WOULD ENACT THE IDENTITY INFORMATION PROTECTION ACT OF 2005. THE ACT WOULD REQUIRE IDENTIFICATION DOCUMENTS, EXCEPT AS SPECIFIED, THAT ARE CREATED, MANDATED, PURCHASED, OR ISSUED BY VARIOUS PUBLIC ENTITIES THAT USE RADIO WAVES TO BROADCAST PERSONAL INFORMATION, OR TO ENABLE PERSONAL INFORMATION TO BE READ REMOTELY, TO MEET SPECIFIED REQUIREMENTS. THE BILL WOULD PROVIDE THAT A PERSON OR ENTITY THAT INTENTIONALLY REMOTELY READS OR ATTEMPTS TO REMOTELY READ A PERSON'S IDENTIFICATION DOCUMENT USING RADIO WAVES WITHOUT HIS OR HER KNOWLEDGE SHALL BE PUNISHED BY IMPRISONMENT IN A COUNTY JAIL FOR UP TO ONE YEAR, A FINE OF NOT MORE THAN $ 5,000, OR BOTH THAT FINE AND IMPRISONMENT.

 

IN ADDITION, BECAUSE THE INTENTIONAL DISCLOSURE OF MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL INFORMATION IN VIOLATION OF THE DISCLOSURE PROVISIONS OF THE INFORMATION PRACTICES ACT OF 1977, WHICH WOULD INCLUDE THIS ACT, IS PUNISHABLE AS A MISDEMEANOR IF THE WRONGFUL DISCLOSURE RESULTS IN ECONOMIC LOSS OR PERSONAL INJURY TO THE INDIVIDUAL TO WHOM THE INFORMATION PERTAINS, AND BECAUSE REMOTELY READING OR ATTEMPTING TO REMOTELY READ A PERSON'S IDENTIFICATION DOCUMENT WITHOUT HIS OR HER KNOWLEDGE WOULD BE PUNISHABLE AS A MISDEMEANOR, THIS BILL WOULD CREATE A NEW CRIME, THEREBY IMPOSING A STATE-MANDATED LOCAL PROGRAM.

 

THE CALIFORNIA CONSTITUTION REQUIRES THE STATE TO REIMBURSE LOCAL AGENCIES AND SCHOOL DISTRICTS FOR CERTAIN COSTS MANDATED BY THE STATE. STATUTORY PROVISIONS ESTABLISH PROCEDURES FOR MAKING THAT REIMBURSEMENT.

 

THIS BILL WOULD PROVIDE THAT NO REIMBURSEMENT IS REQUIRED BY THIS ACT FOR A SPECIFIED REASON.

 

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

 

Status:

02/22/2005 INTRODUCED.

03/10/2005 To SENATE Committee on NATURAL RESOURCES AND WATER.

03/31/2005 From SENATE Committee on NATURAL RESOURCES AND WATER with author's amendments.

03/31/2005 In SENATE. Read second time and amended. Re- referred to Committee on NATURAL RESOURCES AND WATER.

04/05/2005 From SENATE Committee on NATURAL RESOURCES AND WATER: Do pass as amended to Committee on APPROPRIATIONS.

04/12/2005 In SENATE. Read second time and amended. Re- referred to Committee on APPROPRIATIONS.

05/03/2005 From SENATE Committee on APPROPRIATIONS with author's amendments.

05/03/2005 In SENATE. Read second time and amended. Re- referred to Committee on APPROPRIATIONS.

05/09/2005 In SENATE Committee on APPROPRIATIONS: To Suspense File.

05/26/2005 From SENATE Committee on APPROPRIATIONS: Do pass as amended.

05/27/2005 In SENATE. Read second time and amended. To third reading.

05/31/2005 In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY.

06/09/2005 To ASSEMBLY Committee on WATER, PARKS AND WILDLIFE.

06/14/2005 In ASSEMBLY Committee on WATER, PARKS AND WILDLIFE: Not heard.

06/20/2005 From ASSEMBLY Committee on WATER, PARKS AND WILDLIFE with author's amendments.

06/20/2005 In ASSEMBLY. Read second time and amended. Re-referred to Committee on WATER, PARKS AND WILDLIFE.

06/22/2005 From ASSEMBLY Committee on WATER, PARKS AND WILDLIFE: Do pass to Committee on APPROPRIATIONS.

06/29/2005 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File.

08/25/2005 From ASSEMBLY Committee on APPROPRIATIONS: Do pass as amended.

08/25/2005 In ASSEMBLY. Read second time and amended. To second reading.

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

09/02/2005 In ASSEMBLY. Read third time and amended. To third reading.

 

Sponsor Information:

S. Joseph 'Joe' Simitian (D-Majority)

 

Sponsor:

Simitian

 

 


 

Legislative Movement

 

 

California A.B. 354

Category:

Medical Records Privacy

 

Last Action:

09/06/2005 Read third time, passed, and to Assembly. (Ayes 38. Noes 0.)

 

Synopsis:

As amended on September 1, 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

 

Additional Information:

Language as Amended on September 1, 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) THE HEALTH CARE PROVIDER SHALL COMPLY WITH THE INFORMED CONSENT PROVISIONS OF SUBDIVISIONS (C) TO (G), INCLUSIVE, OF, AND SUBDIVISIONS (I) AND (J) OF, SECTION 2290.5 OF THE BUSINESS AND PROFESSIONS CODE WHEN A PATIENT RECEIVES TELEOPHTHALMOLOGY OR TELEDERMATOLOGY BY STORE AND FORWARD.

 

(e)

 

(F) 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.

09/01/2005 Read third time, amended. To second reading.

09/02/2005 Read second time. To third reading.

09/06/2005 Read third time, passed, and to Assembly. (Ayes 38. Noes 0.)

 

Sponsor:

David 'Dave' Cogdill (R-Minority)

 

 

 

California A.B. 1517

Category:

Medical Records Privacy

 

Last Action:

09/01/2005 Enrolled and to the Governor at 4:30 p.m.

 

Synopsis:

As Enrolled on August 30, 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.

 

Additional Information:

Full Text as Enrolled:

 

SECTION 1. Section 1041 is added to the Government Code, to read:

 

1041. (a) (1) The Department of Managed Health Care may require fingerprint images and associated information from a prospective employee whose duties would include access to medical information.

 

(2) The department shall 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 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code), and entered into, renewed, or amended after January 1, 2006, shall include a provision requiring the contractor to agree to permit the department to run criminal background checks on its employees, contractors, agents, or subcontractors that will have access to this information as part of their contract with the department.

 

(b) The fingerprint images and associated information of a prospective employee, contractor, agent, subcontractor, or employee of a contractor of the Department of Managed Health Care whose duties include or would include access to the information specified in subdivision (a), or any person who assumes those duties, may 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 state or federal level arrests for which the Department of Justice establishes that the applicant was released on bail or on his or her own recognizance pending trial. Requests for federal level criminal offender record information, received by the Department of Justice, pursuant to this section, shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.

 

(c) The Department of Justice shall respond to the Department of Managed Health Care with information as provided under subdivision (p) of Section 11105 of the Penal Code.

 

(d) The Department of Managed Health Care shall request subsequent arrest notification, from the Department of Justice, as provided under Section 11105.2 of the Penal Code, for applicants described in subdivision (a).

 

(e) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.

 

(f) This section does not apply to an employee of the Department of Managed Health Care whose appointment occurred prior to January 1, 2006.

 

(g) The Department of Managed Health Care may investigate the criminal history for crimes involving moral turpitude of persons applying for employment in order to make a final determination of that person's fitness to perform duties that would include any access to confidential 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.

09/01/2005 Enrolled and to the Governor at 4:30 p.m.

 

Sponsor:

Sharon Y. Runner (R-Majority)

 

 


 

Regulatory Report

 

 

CALIFORNIA

Title:

MIRCAL REGULATIONS UPGRADE

 

Agency:

Office of Statewide Health Planning and Development

 

Summary:

Amends regulations relating to patient data reporting requirements by

making minor editorial corrections as well as removing obsolete/sunsetted

material.

 

Agency Contact:

Candace Diamond, Manager, Patient Data Section, 818 K St., Rm.

100, Sacramento, CA 98514, 916- 324-2712, fax: 916-327-1262, email:

cdiamond@oshpd.ca.gov

 

Citation:

Title 22 CCR, Div 7, Ch 10, Art 8, Sec(s) 97212, 97232, 97241

 

Status:

08/11/2005 No published proposal

08/11/2005 Rule Adoption

 

Effective Date:

08/11/2005

 

 

 

MARYLAND

Title:

PROCEDURAL REGULATIONS STATE ID: 05-129

 

Agency:

Workers' Compensation Commission

 

Summary:

Proposes to adopt rules to the Workers Compensation Commission.

Requires the parties to exchange medical evaluations and reports not later than

5 days before a hearing.

 

Agency Contact:

Judith L Johnston, Workers Compensation Commission, 10 E

Baltimore St, Baltimore, MD 21202, 410-864-5306, fax 410-864-5301,

jjohnston@wcc.state.md.us

 

Citation:

COMAR 14.09.01.12

 

Status:

06/10/2005 Proposed Rule

 

Comment Deadline:

07/10/2005

08/11/2005 Rule Adoption

 

Effective Date:

09/12/2005