Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

09/21/2005 - 09/28/2005

 

New Legislative Entries

 

Arizona E.O. 25

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=AZ+E.O.+25

 

Category:

Medical Records Privacy

 

Last Action:

09/16/2005 Ordered

 

Synopsis:

Creates the Arizona Health-e Connection Roadmap

 

Additional Information:

WHEREAS, on April 12, 2004 President Bush called for widespread adoption of interoperable electronic health records (EHRs) within 10 years and established the Office of the National Coordinator for Health Information Technology (ONCHIT); and

 

WHEREAS, ONCHIT issued a Framework for Strategic Action: The Decade of Health Information Technology: Delivering Consumer-centric and Information -rich Health Care, (the "Framework") outlining four requirements for achieving the President's goal of widespread adoption of health information technology (HIT), including the need to: 1) develop interoperability standards; 2) support and encourage the development and use of EHRs and electronic data exchange infrastructure; 3) establish policies and regulation consistent with these goals and information security requirements; and 4) create an Internet-based architecture for nationwide health information exchange; and

 

WHEREAS, the Framework's goals are consistent with those of the State of Arizona to achieve 100% electronic health data exchange between payers, health care providers, consumers of health care, researchers, and government agencies as appropriate; and

 

WHEREAS, the federal Department of Health and Human Services (DHHS) estimates that savings of $140 billion per year, or close to 10% of total health spending in the United States, could be achieved through HIT by reducing duplicative care, lowering health care administrative costs, and avoiding errors in care; and

 

WHEREAS, the federal government intends to financially support local and statewide initiatives aligned with federal efforts to achieve the President's HIT goals; and

 

WHEREAS, Arizona recognizes that early adoption of a statewide e- health information infrastructure would improve the quality and reduce the cost of health care in Arizona by: 1) ensuring health information is available at the point of care for all patients; 2) reducing medical errors and avoiding duplicative medical procedures; 3) improving coordination of care between hospitals, physicians, and other health professionals; 4) furthering health care research; and 5) providing consumers with their own health information to encourage greater participation in their own health care decisions; and

 

WHEREAS, Arizona must control health care costs as a key to a long-term strategy of reducing state expenditures and enhancing the business environment for both large and small employers; and

 

WHEREAS, a statewide e- health information infrastructure must be organized and structured in a manner to protect the privacy and security of health information; and

 

WHEREAS, establishing an Arizona Health -e Connection Roadmap will guide legislative and regulatory actions, encourage coordinated efforts in the private health care sector, further public and private partnerships for the development of a statewide health information infrastructure, and maximize federal financial participation to support the goal of early adoption of an e- health information infrastructure;

 

NOW, THEREFORE, I, Janet Napolitano, Governor of the State of Arizona, by virtue of the authority vested in me by the Constitution and laws of this State, hereby order and direct as follows:

 

1. The Director of the 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.

 

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Arizona.

 

Janet Napolitano GOVERNOR

 

Status:

09/16/2005 Ordered

 

Sponsor Information:

Janet Napolitano (Democrat)

 

Sponsor:

Office of the Governor

 

 

 

Massachusetts H.B. 3129

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MA+H.B.+3129

 

Category:

Medical Records Privacy

 

Last Action:

09/21/2005 In JOINT Committee on PUBLIC HEALTH: Heard. Eligible for Executive Session.

 

Synopsis:

The legislature recognizes the need for medical professionals and health care facilities to have ready access to health care information maintained by health insurers and health plans in order to improve the quality of healthcare and reduce medical errors in the Commonwealth, and especially to facilitate emergency and urgent treatment. The legislature, therefore, seeks to increase the availability of health information at the point of urgent and emergent care, while maintaining each person's right of medical privacy by permitting health insurers and health plans to release medical information, including especially protected medical information that otherwise would be unavailable in the absence of this legislation, to medical professionals and health care facilities for the purpose of facilitating emergent or urgent treatment in reliance upon the providers' representation that consent requirements have been satisfied.

 

Additional Information:

Language as Introduced on January 5, 2005:

 

SECTION 2. Subsection (c) of section 2 of Chapter 66A of the General Laws, is hereby amended by inserting the following at the end thereof:

 

A holder may release medical information about an individual to a medical professional or health care facility for the purpose of facilitating the emergency or urgent treatment of the individual by such medical professional or health care facility, provided that the medical professional or health care facility has obtained the individual's consent to such release and documented such consent in the medical record or otherwise, or if the individual's medical condition prevents obtaining such consent, the medical professional or health care facility documents such medical condition in the medical record or otherwise. Such disclosure may include any health information reasonably deemed necessary by the medical professional or health care facility to facilitate emergency or urgent treatment under the circumstances, including, without limitation, mental health or HIV-AIDS related information, provided that the conditions of this subsection are met. A holder releasing such information may rely upon a representation from a medical professional or health care facility that the conditions for release set forth herein have been satisfied, or that such conditions will be satisfied before a request for information is made. Nothing in this subsection shall be deemed to bar a holder from making a disclosure that otherwise would be permitted by law or to require a holder to obtain consent that would not otherwise be required by law.

 

SECTION 3. Section 108E of Chapter 175 of the General Laws, is hereby amended by inserting the following new subsection at the end thereof:

 

(g) nothing contained herein shall prohibit a company from disclosing patient information to a medical professional or health care facility under the circumstances described in Chapter 175I Section 13(4)(iv).

 

SECTION 4. Section 13 of Chapter 175I of the General Laws, as so appearing in the 2000 Official Edition, is hereby amended by inserting the following new subsection in line 61 after subsection (4)(iii):

 

(iv) facilitating emergency or urgent treatment of the individual by such medical professional or medical-care institution, provided that the medical professional or medical-care institution has obtained the individual's consent to such release and documented such consent in the medical record or otherwise, or if the individual's medical condition prevents obtaining such consent, the medical professional or medicalcare institution documents such medical condition in the medical record or otherwise.

 

Such disclosure may include any health information reasonably deemed necessary by the provider to facilitate treatment under such circumstances, including, without limitation, mental health or HIV-AIDS related information, provided that the conditions of this subsection are met. An insurance institution, insurance representative or insurance support organization releasing such information may rely upon a representation from a medical professional or medical-care institution that the conditions for release set forth herein have been satisfied, or that such conditions will be satisfied before a request for information is made. Nothing in this subsection shall be deemed to bar an insurance institution, insurance representative or insurance support organization from making a disclosure that otherwise would be permitted by law or to require an insurance institution, insurance representative or insurance support organization to require consent that would not otherwise be required by law.

 

SECTION 5. Section 14B of Chapter 176A of the General Laws, is hereby amended by inserting the following new subsection at the end thereof:

 

(g) Nothing contained herein shall prohibit a nonprofit hospital service corporation from disclosing patient information to a medical professional or health care facility under the circumstances described in Chapter 175I Section 13(4)(iv).

 

SECTION 6. Section 20 of Chapter 176B of the General Laws, is hereby amended by inserting the following new subsection at the end thereof:

 

(g) nothing contained herein shall prohibit a medical service corporation from disclosing patient information to a medical professional or health care facility under the circumstances described in Chapter 175I Section 13(4)(iv).

 

SECTION 7. Section 4B of Chapter 176G of the General Laws, is hereby amended by inserting the following new subsection at the end thereof:

 

(g) nothing contained herein shall prohibit a health maintenance organization from disclosing patient information to a medical professional or health care facility under the circumstances described in Chapter 175I Section 13(4)(iv).

 

Status:

 

01/05/2005 INTRODUCED.

01/05/2005 To JOINT Committee on PUBLIC HEALTH.

01/05/2005 Filed as House Docket 2724.

09/21/2005 In JOINT Committee on PUBLIC HEALTH: Heard. Eligible for Executive Session.

 

Sponsor Information:

Thomas P. Kennedy (D-Majority)

 

Sponsor:

Kennedy

 

 

 

Wisconsin A.B. 493

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+A.B.+493

 

Category:

Medical Records Privacy

 

Last Action:

09/26/2005 To JOINT Committee on FINANCE.

 

Synopsis:

This bill creates an individual and corporate income tax exemption for interest on bonds or notes issued by the Wisconsin Health and Educational Facilities Authority, on or after the effective date of the bill, if the proceeds of the bond or note are used by a health facility to purchase information and technology equipment. This bill first applies to taxable years beginning on January 1, 2006.

 

Additional Information:

Language as Introduced on June 14, 2005:

 

SECTION 1. 71.05 (1) (c) 7. of the statutes is created to read: 71.05 (1) (c) 7. The Wisconsin Health and Educational Facilities Authority under section 231.03 (6), on or after the effective date of this subdivision ...revisor inserts date], if the proceeds from the bonds or notes that are issued are used by a health facility, as defined in section 231.01 (5), to fund the acquisition of information technology hardware or software.

 

SECTION 2. 71.26 (1m) (h) of the statutes is created to read: 71.26 (1m) (h) Those issued under section 231.03 (6), on or after the effective date of this paragraph ...revisor inserts date], if the proceeds from the obligations that are issued are used by a health facility, as defined

 

in section 231.01 (5), to fund the acquisition of information technology hardware or software.

 

SECTION 3. 71.45 (1t) (h) of the statutes is created to read: 71.45 (1t) (h) Those issued under section 231.03 (6), on or after the effective date of this paragraph ...revisor inserts date], if the proceeds from the obligations that are issued are used by a health facility, as defined

 

hardware or software.

 

SECTION 4. Initial applicability.

 

(1) This act first applies to taxable years beginning on January 1, 2006.

 

Status:

 

06/14/2005 INTRODUCED.

06/14/2005 To ASSEMBLY Committee on HEALTH.

09/26/2005 From ASSEMBLY Committee on HEALTH: Recommended passage.

09/26/2005 To JOINT Committee on FINANCE.

 

Sponsor Information:

Gregg A. Underheim (R-Majority)

 

Sponsor:

Underheim

 

 


 

Movement Legislative Entries

 

 

California A.B. 800

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.B.+800

 

Category:

Medical Records Privacy

 

Last Action:

09/22/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 313, Statutes of 2005.

 

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 Chaptered on September 22, 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 Read first time.

03/30/2005 Referred to Committee on HEALTH.

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

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

04/25/2005 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

05/05/2005 From committee: Do pass. To Consent Calendar. (May 4).

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

05/16/2005 In Senate. Read first time. To Committee on Rules for assignment.; Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1556.)

05/26/2005 Referred to Committee on HEALTH.

06/02/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on HEALTH.

06/09/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 6. Noes 3.).

06/28/2005 From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

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

08/22/2005 Read third time, passed, and to Assembly. (Ayes 24. Noes 14. Page 2185.); In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

08/29/2005 Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3002.)

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

09/22/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 313, Statutes of 2005.

 

Sponsor Information:

Leland Yee (D-Majority)

 

Sponsor:

Yee

 

 

 

California A.B. 1517

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.B.+1517

 

Category:

Medical Records Privacy

 

Last Action:

09/22/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 339, Statutes of 2005.

 

Synopsis:

As Enacted on September 22, 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 Enacted:

 

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. (Ayes 76. Noes 0. Page 2994.)

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

09/22/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 339, Statutes of 2005.

 

Sponsor:

Sharon Y. Runner (R-Majority)

 

 

 

California A.C.R. 86

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.C.R.+86

 

Category:

Medical Records Privacy

 

Last Action:

09/19/2005 Chaptered by Secretary of State - Res. Chapter 137, Statutes of 2005.; Enrolled and filed with the Secretary of State at 2 p.m.

 

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 Chaptered on September 19, 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 35. Noes 0. Page 2737.)

09/19/2005 Chaptered by Secretary of State - Res. Chapter 137, Statutes of 2005.; Enrolled and filed with the Secretary of State at 2 p.m.

 

Sponsor Information:

Nicole M. Parra (D-Majority)

 

Sponsor:

Parra

 

 


 

Regulatory Report

 

 

 

Title:

PATIENT RECORDS

 

 

Agency:

Department of Health/Board of Optometry

 

 

Summary:

Updates existing language in rules relating to patient records, transfer or death of licensed practitioner, minimum equipment requirements, standards of practice, and performance of delegated tasks by non-licensed personnel.

 

Agency Contact:

Joe Baker, Jr. Executive Director, Board of Optometry, 4052

Bald Cypress Way, Bin C07, Tallahassee, Fl 32399-3259

 

 

Citation:

FAC 64B13-3.003, .04, .010, .015

 

 

Status:

 

08/19/2005 Negotiated Rulemaking

09/23/2005 Proposed Rule

 

Comment Deadline:

10/14/2005

 

 

 

 

Title:

PRICES FOR DATA SETS, FEES FOR PROGRAMMING

 

 

Agency:

Maine Health Data Organization

 

 

Summary:

Amends rule by eliminating requirement that fees be waived for clinical data sets and other data files for the Bureau of Insurance. Waives fees for data or reduces for all departments and agencies of government.

 

Agency Contact:

Alan Prysunka, Executive Director, Maine Health Data

Organization, 151 Capitol St., 102 State House Station, Augusta, ME 04333-0102,

207-287- 6722, email: Alan.M.Prysunka@maine.gov

 

 

Citation:

90-590-50

 

 

Status:

 

09/21/2005 Proposed Rule

 

Comment Deadline:

10/24/2005

 

 

 

 

Title:

UNIFORM REPORTING SYSTEM FOR HEALTH CARE CLAIMS

 

 

Agency:

Maine Health Data Organization

 

 

Summary:

Amends Rule by correcting errors in the technical appendices and adds new data elements. Also excludes health care claims processors with less than 50 enrolled or covered Maine Residents from filing health care claim data sets.

 

Agency Contact:

Alan M. Prysunka, Executive Director, Maine Health Datta

Organization, 151 Capitol Street, 102 State House Station, Augusta, ME

04333-0102

 

 

Citation:

90-590-243

 

 

Status:

 

09/21/2005 Proposed Rule

 

Comment Deadline:

10/24/2005

 

 

 

 

Title:

RECORDS OF THE DENTIST STATE ID: 30 TEXREG 5895

 

Agency:

Board of Dental Examiners

 

Summary:

Proposed Regs.

 

Summary Comments:

Part 5. STATE BOARD OF DENTAL EXAMINERS

 

Chapter 108. PROFESSIONAL CONDUCT

 

Subchapter A. PROFESSIONAL RESPONSIBILITY

 

22 TAC @108.8

 

The Texas State Board of Dental Examiners (Board) proposes amendments to 22

TAC Chapter 108, @108.8, concerning records of the dentist. The amendments are

primarily proposed to clarify existing requirements.

 

Proposed amendments to subsection (b) would require that: the reviews of

medical history and limited medical exams be evidenced in the dental

record by the dentist's signature, initials, or notes; that radiographs shall

be of diagnostic quality sufficient to enable one to determine the patient's

existing dental condition; and that treatment plans be signed by the

patient.

 

Proposed amendments to subsection (g) would require that a dentist providing

copies of dental records not otherwise specifically enumerated in this rule

may charge a fee not more than the actual cost of production,

reproduction, or duplication of the records, as verified by invoice.

 

The section as amended contains numerous revisions to clarify and standardize

language, and to improve organization.

 

There are no other substantive changes to the section.

 

Ms. Sherri Sanders, Interim Executive Director of the Texas State Board of

Dental Examiners, has determined that for each year of the first five-year

period the section is in effect, there will be no fiscal implications for local

or state government as a result of enforcing or administering the section.

 

Ms. Sanders also has determined that for each year of the first five-years

the proposed amendment is in effect, the public benefit anticipated as a result

of enforcing or administering the section will be derived from dental

patients' being better informed of their treatment options, and being

ensured better quality diagnoses from radiographs that are required to be of a

reasonable diagnostic quality.

 

There is no impact on large, small or micro-businesses.

 

There is no anticipated economic cost to persons as a result of enforcing or

administering the section.

 

Comments on the proposal may be submitted to Sherri Sanders, Interim

Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower

3, Suite 800, Austin, Texas 78701, (512) 475-1660. To be considered, all written

comments must be received by the Texas State Board of Dental Examiners no later

than 30 days from the date that this amended section is published in the Texas

Register .

 

The section is proposed under Texas Government Code @2001.021 et seq., Texas

Civil Statutes, and Texas Occupations Code @254.001, which provides the Board

with the authority to adopt and enforce rules necessary for it to perform its

duties.

 

Agency Contact:

Sherri Sanders, Interim Executive Director, State Board of

Dental Examiners, 333 Guadalupe, Tower 3, Ste 800, Austin, TX 78701, 512-475-

1660

 

Citation:

22 TAC 5.108.A.108.8

 

Status:

09/01/2005 Proposed Rule

 

Comment Deadline:

10/16/2005

 

 

 

 

Title:

Final Regulations

 

Agency:

Department of Health Professions

 

Summary:

The amendments expand the current regulations on professional conduct to include standards for treating and prescribing for self and family; maintenance, retention and release of patient records; patient confidentiality; practitioner- patient communication and termination of that relationship; and practitioner responsibilities. In addition, substantive amendments are proposed for advertising ethics, the recommendation for vitamins and minerals, pharmacotherapy for weight loss, and sexual contact. Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

 

The amendments establish standards for professional conduct including maintenance, retention and release of patient records; patient confidentiality; practitioner- patient communication and termination of that relationship; solicitation or remuneration for referrals; sexual contact; and practitioner responsibilities.

 

The amendments establish standards for professional conduct for physician assistants including prescribing for self or family; maintenance, retention and release of patient records; patient confidentiality; practitioner- patient communication and termination of that relationship; solicitation or remuneration for referrals; sexual contact; and practitioner responsibilities.

 

The amendments establish standards for professional conduct including maintenance, retention and release of patient records; patient confidentiality; practitioner- patient communication and termination of that relationship; sexual contact; and practitioner responsibilities.

 

The amendments establish standards for professional conduct including maintenance of patient records; patient confidentiality; practitioner- patient communication; sexual contact; and practitioner responsibilities.

 

The amendments establish standards for professional conduct for licensed acupuncturists including maintenance, retention and release of patient records; patient confidentiality; practitioner- patient communication and termination of that relationship; advertising ethics; recommendations for vitamins, minerals and food supplements; solicitation or remuneration for referrals; sexual contact; and practitioner responsibilities.

 

The amendments establish standards for professional conduct for athletic trainers including maintenance, retention and release of patient records;patient confidentiality; practitioner- patient communication and termination of that relationship; recommendations for use of vitamins and minerals; anabolic steroids; sexual contact; and practitioner responsibilities.

 

Agency Contact:

William L. Harp, M.D., Executive Director, Department of Health Professions, 6603 West Broad Street, 5th Floor, Richmond, VA 23230-1712, telephone (804) 662-9908, FAX (804) 662-9943, or e-mail william.harp@dhp.virginia.gov.

 

Citation:

18 VAC 85-20

 

Status:

08/31/2005 Filed

10/19/2005 Effective Date

 

Effective Date:

10/19/2005