Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

09/29/2005 - 10/05/2005

 

New Legislative Entries

 

New Hampshire L.S.R. 2913

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NH+L.S.R.+2913

 

Category:

Medical Records Privacy

 

Last Action:

09/28/2005 FILED.

 

Synopsis:

Relates to disclosure of health care information.

 

Additional Information:

Not yet published.

 

Status:

 

09/28/2005 FILED.

 

Sponsor:

Office of Clark

 

 


 

Movement Legislative Entries

 

 

California A.B. 354

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.B.+354

 

Category:

Medical Records Privacy

 

Last Action:

09/30/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 449, Statutes of 2005.

 

Synopsis:

As Enacted - Interim on September 30, 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 Enacted - Interim on September 30, 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. Page 2576.)

09/07/2005 In Assembly. Concurrence in Senate amendments pending. Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 3463.)

09/13/2005 Enrolled and to the Governor at 4 p.m.

09/30/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 449, Statutes of 2005.

 

Sponsor:

David 'Dave' Cogdill (R-Minority)

 

 

 

California A.B. 1676

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.B.+1676

 

Category:

Medical Records Privacy

 

Last Action:

09/30/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 434, Statutes of 2005.

 

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 Enacted-Interim on September 30, 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 Read first time.

03/30/2005 Referred to Committees on HEALTH and Transportation

04/13/2005 From committee chair, with author's amendments: Amend, and re-refer to Committee on HEALTH. Read second time and amended.

04/14/2005 Re-referred to Committee on HEALTH.

04/20/2005 From committee: Do pass, and re-refer to Committee on Transportation Re-referred. (Ayes 13. Noes 0.) (April 19).

04/26/2005 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 11. Noes 0.) (April 25).

05/04/2005 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 76. Noes 0. Page 2024.)

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

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

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

07/13/2005 From committee: Do pass, and re-refer to Committee on Appropriations with recommendation: To Consent Calendar. Re-referred. (Ayes 7. Noes 0.).

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.

08/29/2005 To inactive file - Senate Rule 29.

08/30/2005 From inactive file. To second reading.

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

09/06/2005 Read third time, passed, and to Assembly. (Ayes 33. Noes 1. Page 2568.)

09/07/2005 In Assembly. To enrollment.

09/15/2005 Enrolled and to the Governor at 3:30 p.m.

09/30/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 434, Statutes of 2005.

 

Sponsor Information:

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

 

Sponsor:

Richman and Nation

 

 

 

California S.B. 634

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+S.B.+634

 

Category:

Medical Records Privacy

 

Last Action:

09/30/2005 Chaptered by Secretary of State. Chapter 441, Statutes of 2005.; Approved by Governor.

 

Synopsis:

Summary Language as Enacted - Interim on September 30, 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. Read first time. To Committee on Rules for assignment.

02/23/2005 From print. May be acted upon on or after March 25.

03/03/2005 To Committees on B., F. & I. and HEALTH

04/11/2005 From committee with author's amendments. Read second time. Amended. Re-referred to committee.; Set for hearing April 20.

04/21/2005 From committee: Do pass, but first be re-referred to Committee on Appropriations (Ayes 9. Noes 1. Page 716.) Re-referred to Committee on Appropriations

04/25/2005 Set for hearing May 4.; Withdrawn from committee. Re-referred to Committee on HEALTH.

05/09/2005 From committee: Do pass as amended. (Ayes 8. Noes 0. Page 953.)

05/10/2005 Read second time. Amended. To third reading.

05/26/2005 In Assembly. Read first time. Held at Desk.; Read third time. Passed. (Ayes 36. Noes 2. Page 1195.) To Assembly.

06/09/2005 To Committee on HEALTH.

07/11/2005 From committee: Do pass as amended. (Ayes 14. Noes 0.)

07/12/2005 Read second time. Amended. To second reading.

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

08/15/2005 Read third time. Passed. (Ayes 71. Noes 0. Page 2691.) To Senate.; In Senate. To unfinished business.

08/29/2005 Senate concurs in Assembly amendments. (Ayes 33. Noes 2. Page 2320.) To enrollment.

09/02/2005 Enrolled. To Governor at 9 a.m.

09/30/2005 Chaptered by Secretary of State. Chapter 441, Statutes of 2005.; Approved by Governor.

 

Sponsor Information:

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

 

Sponsor:

Speier

 

 

 

North Carolina H.B. 99

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=NC+H.B.+99

 

Category:

Medical Records Privacy

 

Last Action:

09/29/2005 In House; Signed By Gov. 9/29/2005; R] Ch. SL 2005-448

 

Synopsis:

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

 

Additional Information:

Language as Enacted on September 29, 2005:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Status:

02/03/2005 In House; Filed

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

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

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

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

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

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

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

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

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

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

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

09/29/2005 In House; Signed By Gov. 9/29/2005; [R] Ch. SL 2005-448

 

Sponsor Information:

Pryor A. Gibson III (D-Majority)

 

Sponsor:

Gibson

 

 


 

Regulatory Report

 

 

 

Title:

LICENSURE/EXAMS/PROCEDURES/ASSISTANTS/RECORDS

 

 

Agency:

Medical Board

 

 

Summary:

Establishes rules regarding physicians' licensure requirements, examinations, use of devises and procedures by unlicensed personnel, physician assistants' licensure and practice requirements/management of medical records.

 

Agency Contact:

Board Office, 2055 S Pacheco, Bldg 400, Santa Fe, NM 87505,

505-476-7220, www.nmmb@state.nm.us

 

 

Citation:

NMAC 16.10.2, .3, .13, .15, .17

 

 

Status:

 

06/30/2005 Proposed Rule

 

Comment Deadline:

08/12/2005

09/30/2005 Rule Adoption

 

Effective Date:

10/07/2005

 

 

 

 

Title:

MAINTENANCE AND RETENTION OF RECORDS STATE ID: 05-19-048

 

 

Agency:

Department of Health

 

 

Summary:

Establishes rules concerning maintenance and retention of records. Specifies establishing standards reflective of today's practice and ensuring consumers appropriate access to these records.

 

Agency Contact:

Janice K. Boden, Program Manager, Department of Health, P.O.

Box 47869, Olympia, WA 98504-7869, janice.boden@doh.wa.gov, (360) 236-4912, fax:

(360) 236-4909.

 

 

Citation:

WAC 249-924-354

 

 

Status:

 

02/10/2003 Preproposal

06/22/2005 Proposed Rule

09/15/2005 Rule Adoption

 

Effective Date:

10/16/2005

 

 

 

 

Title:

USE OF DEVICES AND PROCEDURES & MEDICAL RECORDS

 

 

Agency:

Medical Board

 

 

Summary:

Amends sections of Use of Devices & Procedures by Unlicensed Personnel. Amends section of Management of Medical Records. Clarifies requirements for procedures performed by medical assistants.

 

Summary Comments:

The New Mexico Medical Board will convene a Public Rule hearing on Monday,

October 31, 2005 at 4:30 p.m. in the Conference Room, 2055 S. Pacheco, Building

400, Santa Fe, New Mexico, before a hearing officer. A decision will be made on

the proposed rules at a Regular board meeting on Thursday, November 10, 2005.

 

The purpose of the Rule Hearing is to consider amending 16.10.13 NMAC (Use of

Devices & Procedures by Unlicensed Personnel) and to add 16.10.17 NMAC

(Management of Medical Records). The amendment will provide further

clarification of the requirements for procedures performed by medical

assistants under the supervision of a physician and the new rule will establish

requirements for the management of medical records.

Copies of the proposed rules will be available on September 30th on request

from the Board office at the address listed above, by phone (505) 476-7220, or

on the Internet at www.nmmb@state.nm.us.

 

Persons desiring to present their views on the proposed amendments may appear

in person at said time and place or may submit written comments no later than

5:00 p.m., October 24, 2005, to the board office, 2055 S. Pacheco, Building 400,

Santa Fe, NM, 87505.

 

If you are an individual with a disability who is in need of a reader,

amplifier, qualified sign language interpreter, or any other form of auxiliary

aid or service in order to attend or participate in the hearing, please contact

Lynnelle Tipton, Administrative Assistant at 2055 S. Pacheco, Building 400,

Santa Fe, NM at least one week prior to the meeting. Public documents, including

the agenda and minutes, can be provided in various accessible formats.

 

Agency Contact:

New Mexico Medical Board Office, 2055 S. Pacheco, Building 400,

Santa, Fe, NM 87505

 

 

Citation:

NMAC 16.10.13, 16.10.17

 

 

Status:

 

09/30/2005 Proposed Rule

 

Comment Deadline:

10/24/2005

 

Effective Date:

10/07/2005