Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

09/08/2005 - 09/14/2005

 

New Legislative Entries

 

California A.B. 1676

Category:

Medical Records Privacy

 

Last Action:

09/08/2005 Enrolled.

 

Synopsis:

Enacts the Advance Directives and Terminal Illness Decisions Program. Requires the Secretary of State to develop information about end of life care, advance health care directives, and registering the advance health care directives at the advance directives registry. Requires that links to this information and the registry be available on specified agency Web sites.

 

Additional Information:

Digest as Enrolled on September 8, 2005:

 

AB 1676, Richman Advance Directives and Terminal Illness Decisions Program. Existing law authorizes an adult to give an individual health care instruction and to appoint a person to make health care decisions for that individual in the event of his or her incapacity pursuant to an advance health care directive.

 

Existing law requires the Secretary of State to establish a registry system through which a person who has executed a written advance health care directive may register in a central information center, information regarding the advance directive, making that information available upon request to any health care provider.

 

This bill would enact the Advance Directives and Terminal Illness Decisions Program, which would require the Secretary of State to work with the State Department of Health Services and the office of the Attorney General to develop information about end of life care, advance health care directives, and registering the advance health care directives at the registry. It would also require that links to this information and the registry be available on the Internet Web sites of the Secretary of State, the State Department of Health Services, the office of the Attorney General, the Department of Managed Health Care, the Department of Insurance, the Board of Registered Nursing, and the Medical Board of California.

 

Status:

02/22/2005 INTRODUCED.

03/30/2005 To ASSEMBLY Committees on HEALTH and TRANSPROTATION.

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 TRANSPORTATION.

04/25/2005 From ASSEMBLY Committee on TRANSPORTATION: Do pass to Committee on APPROPRIATIONS.

05/04/2005 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 Committees on HEALTH and JUDICIARY.

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

07/12/2005 From SENATE Committee on JUDICIARY: Do pass 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.

08/29/2005 In SENATE. From third reading. To Inactive File.

08/30/2005 In SENATE. From Inactive File. To second reading.

08/31/2005 In SENATE. Read second time. To third reading.

09/06/2005 In SENATE. Read third time. Passed SENATE. To enrollment.

09/08/2005 Enrolled.

 

Sponsor Information:

Keith Stuart Richman (R-Minority) and Joseph 'Joe' Nation (D-Majority)

 

Sponsor:

Richman and Nation

 

 

 

Florida S.B. 176

Category:

Medical Records Privacy

 

Last Action:

09/12/2005 PREFILED.

 

Synopsis:

Exempts from public- records requirements information and records reported to the Department of Health under a electronic monitoring system for prescription of controlled substances listed in Schedules II-IV; authorizes certain persons and entities access to patient -identifying information; provides guidelines for use of such information and penalties for violations; provides for future legislative review and repeal.

 

Additional Information:

Language as Prefiled on September 12, 2005:

 

Section 1. Section 893.056, Florida Statutes, is created to read: 893.056 PUBLIC-RECORDS EXEMPTION FOR THE ELECTRONIC -MONITORING SYSTEM FOR PRESCRIPTION OF CONTROLLED SUBSTANCES LISTED IN SCHEDULES II, III, AND IV.--

 

(1) PERSONAL IDENTIFYING INFORMATION OF A PATIENT, A PRACTITIONER AS DEFINED IN S. 893.02, OR A PHARMACIST AS DEFINED IN S. 465.003, WHICH IS CONTAINED IN RECORDS HELD BY THE DEPARTMENT OF HEALTH UNDER S. 893.055, ELECTRONIC -MONITORING SYSTEM FOR PRESCRIPTION OF CONTROLLED SUBSTANCES, IS CONFIDENTIAL AND EXEMPT FROM S. 119.07(1) AND S. 24(A), ART. I OF THE STATE CONSTITUTION.

 

(2) THE DEPARTMENT OF HEALTH SHALL DISCLOSE SUCH CONFIDENTIAL AND EXEMPT INFORMATION TO:

 

(A) THE AGENCY FOR HEALTH CARE ADMINISTRATION WHEN IT HAS INITIATED A REVIEW OF SPECIFIC IDENTIFIERS OF MEDICAID FRAUD AND ABUSE.

 

(B) A CRIMINAL JUSTICE AGENCY AS DEFINED IN S. 119.011, WHICH ENFORCES THE LAWS OF THIS STATE OR THE UNITED STATES RELATING TO CONTROLLED SUBSTANCES AND WHICH HAS INITIATED AN ACTIVE INVESTIGATION INVOLVING A SPECIFIC VIOLATION OF LAW.

 

(C) A PRACTITIONER AS DEFINED IN S. 893.02, OR AN EMPLOYEE OF THE PRACTITIONER WHO IS ACTING ON BEHALF OF AND AT THE DIRECTION OF THE PRACTITIONER, WHO REQUESTS SUCH INFORMATION AND CERTIFIES THAT THE INFORMATION IS NECESSARY TO PROVIDE MEDICAL TREATMENT TO A CURRENT PATIENT IN ACCORDANCE WITH S. 893.05, SUBJECT TO THAT PATIENT'S WRITTEN CONSENT.

 

(D) A PHARMACIST AS DEFINED IN S. 465.003, OR A PHARMACY INTERN OR PHARMACY TECHNICIAN WHO IS ACTING ON BEHALF OF AND AT THE DIRECTION OF THE PHARMACIST, WHO REQUESTS SUCH INFORMATION AND CERTIFIES THAT THE REQUESTED INFORMATION WILL BE USED TO DISPENSE CONTROLLED SUBSTANCES TO A CURRENT PATIENT IN ACCORDANCE WITH S. 893.04.

 

(E) TO THE PATIENT WHO IS IDENTIFIED IN THE RECORD UPON A WRITTEN REQUEST FOR THE PURPOSE OF VERIFYING THAT INFORMATION.

 

(3) ANY AGENCY THAT OBTAINS SUCH CONFIDENTIAL AND EXEMPT INFORMATION PURSUANT TO THIS SECTION MUST MAINTAIN THE CONFIDENTIAL AND EXEMPT STATUS OF THAT INFORMATION; HOWEVER, THE AGENCY FOR HEALTH CARE ADMINISTRATION OR A CRIMINAL JUSTICE AGENCY WITH LAWFUL ACCESS TO SUCH INFORMATION MAY DISCLOSE CONFIDENTIAL AND EXEMPT INFORMATION RECEIVED FROM THE DEPARTMENT OF HEALTH TO A CRIMINAL JUSTICE AGENCY AS PART OF AN ACTIVE INVESTIGATION OF A SPECIFIC VIOLATION OF LAW.

 

(4) ANY PERSON WHO WILLFULLY AND KNOWINGLY VIOLATES THIS SECTION COMMITS A FELONY OF THE THIRD DEGREE, PUNISHABLE AS PROVIDED IN S. 775.082 OR S. 775.083.

 

(5) THIS SECTION IS SUBJECT TO THE OPEN GOVERNMENT SUNSET REVIEW ACT OF 1995 IN ACCORDANCE WITH S. 119.15, AND SHALL STAND REPEALED ON OCTOBER 2, 2011, UNLESS REVIEWED AND SAVED FROM REPEAL THROUGH REENACTMENT BY THE LEGISLATURE.

 

Section 2. THE LEGISLATURE FINDS THAT IT IS A PUBLIC NECESSITY THAT PERSONAL IDENTIFYING INFORMATION OF A PATIENT, A PRACTITIONER AS DEFINED IN S. 893.02, FLORIDA STATUTES, OR A PHARMACIST AS DEFINED IN S. 465.003, FLORIDA STATUTES, CONTAINED IN RECORDS THAT ARE REPORTED TO THE DEPARTMENT OF HEALTH UNDER S. 893.055, FLORIDA STATUTES, THE ELECTRONIC -MONITORING SYSTEM FOR PRESCRIPTION OF CONTROLLED SUBSTANCES, BE MADE CONFIDENTIAL AND EXEMPT. INFORMATION CONCERNING THE PRESCRIPTIONS THAT A PATIENT HAS BEEN PRESCRIBED IS A PRIVATE, PERSONAL MATTER BETWEEN THE PATIENT, THE PRACTITIONER, AND THE PHARMACIST. NEVERTHELESS, REPORTING OF PRESCRIPTIONS ON A TIMELY AND ACCURATE BASIS BY PRACTITIONERS AND PHARMACISTS WILL ENSURE THE ABILITY OF THE STATE TO REVIEW AND PROVIDE OVERSIGHT OF PRESCRIBING AND DISPENSING PRACTICES. FURTHER, THE REPORTING OF THIS INFORMATION WILL FACILITATE INVESTIGATIONS AND PROSECUTIONS OF VIOLATIONS OF STATE DRUG LAWS BY PATIENTS, PRACTITIONERS, OR PHARMACISTS, THEREBY INCREASING COMPLIANCE WITH THOSE LAWS. IF, IN THE PROCESS, HOWEVER, THE INFORMATION THAT WOULD IDENTIFY A PATIENT IS NOT MADE CONFIDENTIAL AND EXEMPT, ANY PERSON COULD INSPECT AND COPY THE RECORD AND BE AWARE OF THE PRESCRIPTIONS THAT A PATIENT HAS BEEN PRESCRIBED. THE AVAILABILITY OF SUCH INFORMATION TO THE PUBLIC WOULD RESULT IN THE INVASION OF THE PATIENT'S PRIVACY. IF THE IDENTITY OF THE PATIENT COULD BE CORRELATED WITH HIS OR HER PRESCRIPTIONS, IT WOULD BE POSSIBLE FOR THE PUBLIC TO BECOME AWARE OF THE DISEASES OR OTHER MEDICAL CONCERNS THAT A PATIENT IS BEING TREATED FOR BY HIS OR HER PHYSICIAN. THIS KNOWLEDGE COULD BE USED TO EMBARRASS OR TO HUMILIATE A PATIENT OR TO DISCRIMINATE AGAINST HIM OR HER. REQUIRING THE REPORTING OF PRESCRIBING INFORMATION, WHILE PROTECTING A PATIENT'S PERSONAL IDENTIFYING INFORMATION, WILL FACILITATE EFFORTS TO MAINTAIN COMPLIANCE WITH THE STATE'S DRUG LAWS AND WILL FACILITATE THE SHARING OF INFORMATION BETWEEN HEALTH CARE PRACTITIONERS AND PHARMACISTS, WHILE MAINTAINING AND ENSURING PATIENT PRIVACY. ADDITIONALLY, EXEMPTING PERSONAL IDENTIFYING INFORMATION OF DOCTORS AND PHARMACISTS WILL ENSURE THAT AN INDIVIDUAL WILL NOT BE ABLE TO "DOCTOR-SHOP," THAT IS TO DETERMINE WHICH DOCTORS PRESCRIBE THE HIGHEST AMOUNT OF A PARTICULAR TYPE OF DRUG AND TO SEEK THOSE DOCTORS OUT IN ORDER TO INCREASE THE LIKELIHOOD OF OBTAINING A PARTICULAR PRESCRIBED SUBSTANCE. FURTHER, PROTECTING PERSONAL IDENTIFYING INFORMATION OF PHARMACISTS ENSURES THAT AN INDIVIDUAL WILL NOT BE ABLE TO IDENTIFY WHICH PHARMACISTS DISPENSE THE LARGEST AMOUNT OF A PARTICULAR SUBSTANCE AND TARGET THAT PHARMACY FOR ROBBERY OR BURGLARY. THUS, THE LEGISLATURE FINDS THAT PERSONAL IDENTIFYING INFORMATION OF A PATIENT, A PRACTITIONER AS DEFINED IN S. 893.02, FLORIDA STATUTES, OR A PHARMACIST AS DEFINED IN S. 465.003, FLORIDA STATUTES, CONTAINED IN RECORDS REPORTED UNDER S. 893.055, FLORIDA STATUTES, MUST BE CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. Section 3. This act shall take effect July 1, 2006, if Senate Bill ____, or similar legislation establishing an electronic system to monitor the prescribing of controlled substances, is adopted in the same legislative session or an extension thereof and becomes law.

 

Status:

09/12/2005 PREFILED.

 

Sponsor Information:

Burt L. Saunders (R-Majority)

 

Sponsor:

Saunders

 

 

 

Pennsylvania H.B. 1942

Category:

Medical Records Privacy

 

Last Action:

09/12/2005 INTRODUCED.

 

Synopsis:

Provides for medical practice disclosure. Imposes powers and duties on the Department of State. Provides for penalties.

 

Additional Information:

Language as Introduced on September 12, 2005:

 

Section 1. Short title.

 

This act shall be known and may be cited as the Medical Practice Disclosure Act.

 

Section 2. Legislative intent.

 

The General Assembly hereby recognizes the necessity of allowing individuals to make informed and educated choices regarding health care services and the essential need to provide information to facilitate these important decisions. It further recognizes that public disclosure of certain health care information would lower the cost of health care through the use of the most appropriate provider and improve the quality of health care services by mandating the reporting of information regarding health care providers. It is the intention of the General Assembly to establish a procedure by which the general public may obtain essential and basic information concerning potential health care providers, while ensuring the accuracy and disclosure of all relevant information that would enable individuals to informatively select their health care provider.

 

Status:

08/25/2005 FILED.

09/12/2005 INTRODUCED.

 

Sponsor Information:

T.J. Rooney (D-Minority)

 

Sponsor:

Rooney

 

 

 

Wisconsin S.B. 318

Category:

Medical Records Privacy

 

Last Action:

09/07/2005 To SENATE Committee on JUDICIARY, CORRECTIONS AND PRIVACY.

 

Synopsis:

Relates to the definition of sexually violent person, sexually violent person commitment proceedings, criteria for supervised release, battery by certain committed persons, escape from custody by a person who is subject to a sexually violent person commitment proceeding, and providing penalties.

 

Additional Information:

Relevant Summary Language as Introduced on September 7, 2005:

 

Confidential Juvenile, Pupil, Mental Health Commitment, and Patient Health Care Records

 

Under current law, the following records are confidential and may be disclosed only to persons and entities specified in the statutes: juvenile court records; law enforcement records relating to juveniles; pupil records; and reports of child abuse and neglect. In addition, the files and records of mental health court proceedings are closed but are accessible to any person who is the subject of a petition for involuntary commitment or other petition under ch. 51, stats. (the Mental Health Act). Patient health care records are confidential and may be released upon request without informed consent only under specified conditions.

 

Under the bill, such records are open for inspection by and production to authorized representatives of the Department of Corrections (DOC), the Department of Health and Family Services (DHFS), DOJ, or a DA for use in the evaluation or prosecution of any SVP proceeding, if the records involve or relate to an individual who is the subject of or who is being evaluated for an SVP proceeding. The court in which the proceeding is pending may issue any protective orders that it determines are appropriate concerning information that is made available or disclosed under this provision. Any representative of DOC, DHFS, DOJ, or a DA may disclose information obtained under this provision for any purpose consistent with any SVP proceeding.See, for example, SECTIONS 5, 6, 7, 10, 19, 21, 40, 42, and 86]

 

Privileged Communications With Health Care Providers

 

Under current law, generally, a patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental, or emotional condition, between the patient and a health care provider. There is no privilege as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian, for courtordered protective services, or for protective placement if the health care provider in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement.

 

The bill includes in the privilege exception communications and information relevant to an issue in proceedings for control, care, and treatment of an SVP.SECTION 36]

 

Status:

09/07/2005 INTRODUCED.

09/07/2005 To SENATE Committee on JUDICIARY, CORRECTIONS AND PRIVACY.

 

Sponsor Information:

Joint Legislative Council

 

Sponsor:

Joint Legislative Council

 

 


 

Legislative Movement

 

 

California A.B. 354

Category:

Medical Records Privacy

 

Last Action:

09/07/2005 In Assembly. Concurrence in Senate amendments pending.; Senate amendments concurred in. To enrollment.

 

Synopsis:

As Enrolled on September 8, 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 Enrolled on September 8, 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.

 

(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.)

09/07/2005 In Assembly. Concurrence in Senate amendments pending.; Senate amendments concurred in. To enrollment.

 

Sponsor:

David 'Dave' Cogdill (R-Minority)

 

 

 

California A.B. 779

Category:

Medical Records Privacy

 

Last Action:

09/06/2005 Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 3320.)

 

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 Enrolled on September 7, 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 beneficiaries' Medi-Cal eligibility, annual eligibility redetermination, and scheduled status report forms.

 

Status:

02/18/2005 Read first time.

03/03/2005 Referred to Committee on HEALTH.

04/18/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on HEALTH. Read second time and amended.

04/19/2005 Re-referred to Committee on HEALTH.

04/25/2005 From committee: Amend, and do pass as amended, and re-refer to Committee on Appropriations with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (April 19).

04/26/2005 Read second time and amended.

04/27/2005 Re-referred to Committee on Appropriations

05/11/2005 In committee: Set, first hearing. Referred to Appropriations suspense file.

05/27/2005 From committee: Amend, and do pass as amended. (Ayes 18. Noes 0.) (May 25). Read second time and amended. Ordered returned to second reading.

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

06/01/2005 Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1993.)

06/02/2005 In Senate. Read first time. To Committee on Rules for assignment.

06/09/2005 Referred to Committee on HEALTH.

06/15/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 10. Noes 0.).

08/29/2005 From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.).

08/30/2005 Read second time, amended, and to third reading.

09/01/2005 Read third time, passed, and to Assembly. (Ayes 35. Noes 0. Page 2482.); In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

09/06/2005 Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 3320.)

 

Sponsor Information:

Hector De La Torre (D-Majority)

 

Sponsor:

De La Torre

 

 

 

California A.C.R. 86

Category:

Medical Records Privacy

 

Last Action:

09/08/2005 In Assembly. To enrollment.; Withdrawn from committee. Adopted and to Assembly. (Ayes 34. Noes 0.)

 

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 Referred to Committee on Judiciary

08/23/2005 From committee: Be adopted. To Consent Calendar. (August 23).

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

08/30/2005 Amended, adopted, and to Senate. (Page 3076.)

08/31/2005 In Senate. To Committee on Rules

09/08/2005 In Assembly. To enrollment.; Withdrawn from committee. Adopted and to Assembly. (Ayes 34. Noes 0.)

 

Sponsor Information:

Nicole M. Parra (D-Majority)

 

Sponsor:

Parra

 

 

 

California S.B. 768

Category:

Medical Records Privacy

 

Last Action:

09/08/2005 Placed on inactive file on request of Assembly Member Frommer.

 

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. Read first time. To Committee on Rules for assignment.

02/24/2005 From print. May be acted upon on or after March 26.

03/10/2005 To Committee on Natural Resources and Wildlife

03/31/2005 From committee with author's amendments. Read second time. Amended. Re-referred to committee.; Set for hearing April 5.

04/11/2005 From committee: Do pass as amended, but first amend, and re-refer to Committee on Appropriations (Ayes 7. Noes 4. Page 450.)

04/12/2005 Read second time. Amended. Re-referred to Committee on Appropriations

05/02/2005 Set for hearing May 9.

05/03/2005 From committee with author's amendments. Read second time. Amended. Re-referred to committee.

05/09/2005 Placed on Appropriations suspense file.

05/17/2005 Set for hearing May 26.

05/27/2005 From committee: Do pass as amended. (Ayes 8. Noes 5. Page 1303.) Read second time. Amended. To third reading. (Corrected June 1. )

05/31/2005 Read third time. Passed. (Ayes 25. Noes 15. Page 1259.) To Assembly.; In Assembly. Read first time. Held at Desk.

06/09/2005 To Committee on Water, Parks and Wildlife

06/14/2005 Set, first hearing. Further hearing to be set.

06/20/2005 From committee with author's amendments. Read second time. Amended. Re-referred to committee.

06/22/2005 From committee: Do pass, but first be re-referred to Committee on Appropriations (Ayes 9. Noes 0.) Re-referred to Committee on Appropriations

06/29/2005 Placed on Appropriations suspense file.

08/25/2005 From committee: Do pass as amended. (Ayes 13. Noes 4.) Read second time. Amended. To second reading.

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

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

09/08/2005 Placed on inactive file on request of Assembly Member Frommer.

 

Sponsor Information:

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

 

Sponsor:

Simitian

 

 


 

Regulatory Report

 

 

OHIO

Title:

CERTIFICATES OF DEATH

 

Agency:

Department of Health

 

Summary:

Reviews rules relating to medical certification of cause of death,

filing of the certificate of death when the cause of death is not known,

investigation of delayed filing of certificates of death and fetal death, and

burial permit fees. Reviews rules regarding matching of certificates of birth

and death, record preservation by office of vital statistics, disclosure of

medical and health information, heirloom birth certificate fees, coroner's

protocol, and adoption file fees.

 

Agency Contact:

Jodi Govern, Department of Health, 614-466-4882

 

Citation:

OAC 3701-5-06 thru -15

 

Status:

09/01/2005 Five Year Review