Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

10/06/2005 - 10/12/2005

 

New Legislative Entries

 

Ohio H.B. 375

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=OH+H.B.+375

 

Category:

Medical Records Privacy

 

Last Action:

10/11/2005 Introduced

 

Synopsis:

Provides that the state board of emergency medical services shall investigate any allegation that a person has violated this chapter or a rule adopted under it. In investigating an allegation, the board may issue subpoenas or compel the attendance of witnesses and production of books, accounts, papers, records, documents, and testimony. A subpoena for patient record information shall not be issued without consultation with the attorney general's office and approval of the executive director of the board. Before issuance of a subpoena for patient record information, the executive director shall determine whether there is probable cause to believe that the complaint filed alleges a violation of this chapter or any rule adopted under it and that the records sought are relevant to the alleged violation and material to the investigation. The subpoena may apply only to records that cover a reasonable period of time surrounding the alleged violation. On failure to comply with any subpoena issued by the board and after reasonable notice to the person being subpoenaed, the board may, pursuant to the rules of civil procedure, move for an order compelling the production of persons or records. A subpoena issued by the board may be served by a sheriff, the sheriff's deputy, or by an investigator for the division of emergency medical services of the department of public safety. Service of a subpoena issued by the board may be made by delivering a copy of the subpoena to the person named therein, reading it to the person, or leaving it at the person's usual place of residence. When the person being served is an individual authorized by this chapter to practice emergency medical services, service of the subpoena may be made by certified mail, restricted delivery, return receipt requested, and the subpoena shall be deemed served on the date delivery is made or on the date that the person refuses to accept delivery.

 

Status:

10/11/2005 Introduced

 

Sponsor Information:

Larry L. Flowers (R-Majority).

 

Sponsor:

Flowers

 

 

 

Wisconsin A.B. 738

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+A.B.+738

 

Category:

Medical Records Privacy

 

Last Action:

10/11/2005 Introduced

 

Synopsis:

This bill requires notification of the unauthorized acquisition of personal information that is stored on a computer or other electronic medium (unauthorized acquisition). Under the bill, personal information includes an individual's social security number, medical data, and data relating to financial accounts or transactions, but not information that is available to the public.

 

Additional Information:

Language as Introduced on October 11, 2005:

 

Use of social security numbers on state civil service exams

 

The bill prohibits an applicant's social security number from being used for the purpose of identifying the applicant on any examination for a position in the state civil service system.

 

Notification of unauthorized acquisitions of computerized personal information

 

This bill requires notification of the unauthorized acquisition of personal information that is stored on a computer or other electronic medium (unauthorized acquisition). Under the bill, personal information includes an individual's social security number, medical data, and data relating to financial accounts or transactions, but not information that is available to the public.

 

Under the bill, if a person that owns or licenses computerized personal information knows or has reason to know of an unauthorized acquisition, the person must give notice to the individual who is the subject of the information that was acquired and to at least three major credit reporting agencies. The bill requires that the notice to the individual contain certain information, including a warning that an unauthorized acquisition may adversely affect the individual's credit rating, an advisory to monitor the individual's credit information, and telephone numbers and addresses for at least three major credit reporting agencies. The notice must be in writing, except that, if a person is required to give notice to more than one individual as a result of a single unauthorized acquisition and the cost of giving written notice to all individuals would exceed $ 250,000, notice may be given by doing all of the following:

 

1) sending an electronic mail message to the individuals;

 

2) posting a notice on the Internet; and

 

3) notifying news media. The bill requires that a notice to credit reporting agencies include the name of the individual who is the subject of the unauthorized disclosure and a general identification of the type of information that was acquired.

 

Also under the bill, if a person that maintains computerized personal information owned or licensed by another knows or has reason to know that the information has been acquired by a person not authorized to do so by the owner or licensee of the information, that person must notify the owner or licensee.

 

The bill provides that the Department of Justice or the district attorney may bring an action for an injunction against a person who violates the provisions of the bill. The bill also permits an individual injured by a violation to bring an action against the violator, including the state or any body in state government, for damages. CS/RC/JTK/GMM/MS/ Requests by merchants for customers' social security numbers

 

Current law generally does not prohibit a seller from requesting that a customer disclose his or her social security number. This bill prohibits a seller of goods at retail from making such a request unless the seller is required to do so in issuing fish and game approvals as an agent of the Department of Natural Resources (DNR). Under current law, DNR is required to obtain the social security number from an applicant for a fish and game approval so that the state may determine whether the applicant is delinquent in the payment of certain state taxes or in the payment of child support or other courtordered family support or birth expenses. If an applicant is delinquent or fails to provide his or her social security number, the agent must deny the application for the approval. Posting of personal information in government records on the Internet

 

This bill provides that no state or local government officer or agency that maintains an Internet site may post on that site any public record containing the name of an individual together with any of the following information:

 

1) the individual's birth date;

 

2) the number of a driver's license issued to the individual by the Department of Transportation;

 

3) the telephone number at the individual's place of employment; and

 

4) the unpublished home telephone number of the individual. The prohibition does not apply to publication or electronic posting of a telephone number at an individual's place of employment by a governmental unit that is the employer of the individual. In addition, the prohibition does not apply to the posting of information that is required to be provided as a part of the sex offender registry program.

 

Currently, state and local government officers and agencies may post information in public records on the Internet unless access to that information is required to be withheld by law. Access to certain public records containing social security numbers

 

Currently, the custodian of the records of any state or local governmental unit must provide access to any public record in his or her custody unless otherwise authorized or required by law or unless the custodian demonstrates that the public interest in withholding access to the record outweighs the strong public interest in providing access to that record. Federal law prohibits state and local governmental units from disclosing social security numbers under certain conditions.

 

This bill provides that, if a new record containing the social security number of an individual, together with information revealing the identity of that individual, is kept by a state or local governmental unit on or after January 1, 2007, or if a record in the custody of a state or local governmental unit is modified to insert the social security number of an individual on or after January 1, 2007, and the record contains information revealing the identity of that individual, the custodian of the record must delete the social security number before permitting access to the record by any person other than an officer or employee of the governmental unit, unless the person who requests access to the record is specifically authorized by federal or state law or by the subject individual to have access to the social security number.

 

The bill, however, permits the requester of a record to have access to the social security number of an individual, unless otherwise restricted by law, if:

 

1. The record pertains to that individual alone, to the marital or parental rights or responsibilities of that individual and his or her spouse or former spouse, to the property of that individual held jointly or in common with one or more other individuals, or to a civil lawsuit in which the individual is a specifically named party, and the individual provides appropriate identification; or

 

2. The requester is an authorized representative of an insurer or an organization that performs investigations for insurers and the social security number is relevant to an investigation of suspected, anticipated, or actual insurance fraud.The bill provides that, if any person misrepresents his or her identity for the purpose of obtaining access to the social security number of another individual, the person is subject to a forfeiture (civil penalty) of not more than $ 1,000 for each social security number obtained by means of misrepresentation. In addition, under the bill, if any insurer or other person obtains a social security number and uses that number for purposes other than an investigation of suspected, anticipated, or actual insurance fraud, the person is subject to a forfeiture of not more than $ 1,000 for each social security number used by the person for unauthorized purposes.

 

The bill also provides that no state or local governmental unit may provide access to any record to which access is restricted that contains the social security number of an individual, together with information revealing the identity of that individual, to any officer or employee of the unit other than the custodian of the record or an employee working under the immediate supervision of the custodian unless the officer's or employee's official responsibilities require the officer or employee to have access to the number or the officer or employee is authorized by the subject individual to have access to the number. Access to employer records containing social security numbers

 

In addition, the bill prohibits an employer from providing access to any record that contains the social security number of an employee of the employer, together with information revealing the identity of that employee, to any person unless the number is redacted; the person is authorized by federal or state law or by the employee who is the subject of the record to have access to the number; or the person is an officer, employee, or agent of the employer and his or her official responsibilities require him or her to have access to the number. Register of deeds; prohibition on recording certain documents; social security numbers

 

Generally, under current law, a register of deeds is required to record in his or her office any document that is authorized by law to be so recorded. Documents that are recorded in a register of deeds' office include deeds, mortgages, real estate conveyances, documents relating to certain security interests, and certain financial documents. In addition, a register of deeds is required under current law to make and deliver on demand, to any person who pays the required fees, a copy of any record, paper, or file in the register's office.

 

Under this bill, a register of deeds may not record any instrument offered for recording if the instrument contains more than the last four characters of the social security number of an individual. If a register of deeds is presented with an CS/RC/JTK/GMM/MS/ instrument that contains more than the last four characters of the social security number of an individual, and if the register of deeds records the instrument but does not discover the error until after the instrument is recorded, the register of deeds may not be held liable for the instrument drafter's placement of the social security number on the instrument and may remove or obscure enough of the social security number so that no more than the last four characters of the number are discernable on the instrument.

 

Also under this bill, if a register of deeds records an instrument that contains an entire social security number, the instrument drafter is liable to the individual whose social security number appears in the instrument for damages of not more than $ 5,000, plus actual damages. The changes to current law made in the bill do not apply to federal tax liens.

 

The bill also prohibits credit reporting agencies from using the number of creditor inquiries as a factor in any credit scoring methodology used in preparing credit reports. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

 

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

 

Status:

10/11/2005 Introduced

 

Sponsor Information:

Marlin D. Schneider (D-Minority)

 

Sponsor:

Schneider

 

 


 

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 Chaptered 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 Chaptered 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. 779

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.B.+779

 

Category:

Medical Records Privacy

 

Last Action:

10/06/2005 Vetoed by Governor.; Vetoed by Governor. VETOED

 

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.)

09/12/2005 Enrolled and to the Governor at 1:30 p.m.

10/06/2005 Vetoed by Governor.; Vetoed by Governor. VETOED

 

Sponsor Information:

Hector De La Torre (D-Majority)

 

Sponsor:

De La Torre

 

 

 

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 Chaptered 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 A.B. 1712

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=CA+A.B.+1712

 

Category:

Pricing

 

Last Action:

10/05/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 545, Statutes of 2005.

 

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:

Digest Language as Enacted on October 5, 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 Read first time.

04/11/2005 Referred to Committee on Judiciary From committee chair, with author's amendments: Amend, and re-refer to Committee on Judiciary Read second time and amended.

04/12/2005 Re-referred to Committee on Judiciary

05/03/2005 From committee: Do pass. (Ayes 5. Noes 3.) (May 3).

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

05/19/2005 In Senate. Read first time. To Committee on Rules for assignment.; Read third time, passed, and to Senate. (Ayes 45. Noes 31. Page 1604.)

06/02/2005 Referred to Committee on L.GOV.

06/16/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on L.GOV.

06/29/2005 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on L.GOV.

07/05/2005 In committee: Hearing postponed by committee.

07/13/2005 From committee: Do pass. (Ayes 6. Noes 3.).

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

08/18/2005 Read third time, passage refused. (Ayes 20. Noes 15. Page 2153.) Motion to reconsider made by Senator Torlakson. Reconsideration granted. (Page 2153.)

08/22/2005 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.; Read third time, passed, and to Assembly. (Ayes 22. Noes 14. Page 2178.)

08/29/2005 Senate amendments concurred in. To enrollment. (Ayes 46. Noes 32. Page 2965.)

09/02/2005 Enrolled and to the Governor at 2 p.m.

10/05/2005 Approved by the Governor.; Chaptered by Secretary of State - Chapter 545, Statutes of 2005.

 

Sponsor Information:

Loni Hancock (D-Majority)

 

Sponsor:

Hancock

 

 

 

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 Chaptered 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

 

 


 

Regulatory Report

 

 

California

Department of Industrial Relations - Title 8: Sections 9701-9703.

 

Title: NOTICE OF PROPOSED RULEMAKING

 

Agency: Department of Industrial Relations

 

Summary: The Department of Industrial Relations, Division of Workers' Compensation, proposes to modify existing regulations, by amending Article 1.1, Subchapter 1 to Chapter 4.5 of Title 8, California Code of Regulations, commencing with section 9701, relating to the Workers' Compensation Information System: Section 9701 Definitions; Section 9702 Electronic Data Reporting; Section 9703 Access to Individually Identifiable Information.

 

Summary Comments:

Labor Code section 138.6 requires the Administrative Director of the Division

of Workers' Compensation to develop a cost efficient workers' compensation

information system to accomplish the following purposes:

 

- Assist the Department of Industrial Relations to manage the workers'

compensation system in an effective and efficient manner.

 

- Facilitate the evaluation of the effectiveness and efficiency of the

benefit delivery system.

 

- Assist in measuring how adequately the system indemnifies injured workers

and their dependents.

 

- Provide statistical data for research into specific aspects of the

workers' compensation system.

 

The data collected electronically must be compatible with the International

Association of Industrial Accident Boards and Commissions' Electronic Data

Interchange (IAIABC EDI) system, and the data elements to be provided by claims

administrators through the WCIS must be set forth in regulations.

 

Additionally, Labor Code Section 138.7 limits access to individually

identifiable information maintained by the Division of Workers' Compensation,

and requires the Administrative Director to adopt regulations governing access

to this information by specified government agencies and bone fide researchers

authorized by this statute to receive individually identifiable information.

 

These proposed regulations implement, interpret, and make specific these two

sections of the Labor Code as follows:

 

1. Section 9701

 

This section is amended to define key terms used in these regulations to

ensure the meaning will be clear to the workers' compensation community. The

proposed amendments in this section will clarify terms in the current WCIS

regulations and define key terms that are contained within the regulations

proposed for sections 9702 and 9703:

 

(a) ''Bona Fide Statistical Research'' is defined to clarify the purpose for

which individually identifiable information will be released to individuals and

private or public entities under existing Section 9703 (d).

 

(b) ''California EDI Implementation Guide for First and Subsequent Reports of

Injury'' is defined and incorporated by reference as it contains California

specific reporting requirements and information excerpted from the IAIABC EDI

Implementation Guide for First, Subsequent, Acknowledgment Detail, Header &

Trailer Records, Release 1, issued Febru-ary 15, 2002, by the International

Association of Industrial Accident Boards and Commissions.

 

(c) ''California EDI Implementation Guide for Medical Bill Payment

Records'' is defined and incorporated by reference as it contains the

California-specific protocols excerpted from the IAIABC EDI Implementation Guide

for Medical Bill Payment Records, explains the technical design and

functionality of the WCIS system, testing options for the trading partners,

instructions regarding the data elements for medical billing, and copies

of the required medical billing electronic forms.

 

(f) ''Closed Claim'' is defined to clarify an event that gives rise to a

reporting obligation under section 9702 (d).

 

(g) ''Data Elements'' is amended to refer to the current IAIABC EDI

Implementation Guide instead of Release 1 and Release 2.

 

Former subsection (e) and (f) are deleted as the updated IAIABC EDI

Implementation Guide, Release 1 is defined in subdivision (j).

 

Former (g) ''EDI Trading Partner Profile'' is deleted because the trading

partner profiles are contained within the California EDI Implementation guide

and California Implementation Guide for Medical Bill Payment Records. There

is no specific reference to the trading partner profiles in section 9702.

 

Former (h) is deleted as the IAIABC EDI Implementation Guide for Medical

Bill Payment Records is defined in (k).

 

(i) '' Health Care Organization (HCO)'' is defined as the term is referenced

in section 9702(e).

 

(j) ''IAIABC EDI Implementation Guide, Release

 

1.'' This definition replaces former subdivisions (e) and (f). It is the

updated version of the IAIABC Implementation Guide for First, Subsequent,

Acknowledgment Detail, Header & Trailer Records, Release 1, issued February 15,

2002. Sections 4, 5, 6, and the Appendix of EDI Implementation Guide, Release 1,

are linked to the Division's Web site at http://www.dir.ca.gov/dwc/WCIS.htm.

 

(k) ''IAIABC EDI Implementation Guide for Medical Bill Payment Records.

'' The definition for the IAIABC EDI Implementation Guide for Medical Bill

Payment Records, Release 1, approved July 4, 2002, is added as it provides the

EDI standards for medical bill payment records. Sections 1 through 3, and 6

through 14 of the IAIABC EDI Implementation Guide for Medical Bill Payment

Records, Release 1, are linked to the Division's Web site at

http://www.dir.ca.gov/ dwc/WCIS.htm.

 

Former subdivisions (i) and (j) are re-lettered (l) and (m) due to the

additions and deletions listed above. Former subdivision (k) is deleted.

 

(n) [formerly (l)] ''International Association of Industrial Accident Boards

and Commissions'' is amended to reflect the association's change of office

location. Additionally, the sentence regarding the licensing agreement is

deleted as a licensing agreement is no longer required.

 

Former subdivision (m) is re-lettered (o).

 

2. Section 9702

 

Subdivision (a) is amended to refer to the California EDI Implementation

Guide for First and Subsequent Reports of Injury and the California EDI

Implementation Guide for Medical Bill Payment Records. The subdivision

requires that claims administrators only transmit data elements taken from the

California EDI Implementation Guides. Former subdivisions (a)(1) through (4),

which pertained to a variance period, are deleted as the variance periods ended

in 2001.

 

Subdivision (b) is amended to delete reference to March 1, 2000 since that

date has now passed. Various data element names and numbers have been amended or

deleted to be consistent with the updated IAIABC EDI Implementation Guide.

 

Subdivision (c) is amended also refer to data element transmission as

required under (b) and (e). Various data element names and numbers have been

amended or deleted to be consistent with the updated IAIABC EDI Implementation

Guide. Also, the footnotes for many of the data elements have been added or

changed to be consistent with the updated IAIABC EDI Implementation Guide.

 

Subdivision (d) is amended to increase the five day time period in which

claims administrators must submit data elements to fifteen days, to provide

claims administrators with more time to report. Various data element names and

numbers have been amended or deleted to be consistent with the updated IAIABC

EDI Implementation Guide. Also, the footnotes for many of the data elements have

been added or changed to be consistent with the updated IAIABC EDI

Implementation Guide. The following ''note'' has also been added to this

subdivision: ''Final reports (MTC = FN) are required only for claims where

indemnity benefits are paid. For medical-only claims, the final report would be

reported under Subsection (g) (MTC = AN) with claim status = 'closed.'''

Subdivision (e) is amended by deleting the sentence reserving the section.

 

Subdivision (e) now sets forth that on or after June 1, 2006, claims

administrators handling one hundred and fifty (150) or more total claims per

year shall submit to the WCIS on each claim with a date of service on or after

June 1, 2006, the data elements (which are set forth in the chart in

subdivision (e)) for all medical services for which the claims administrator

has received a billing or other report of provided medical services. The

California EDI Implementation Guide for Medical Bill Payment Records sets

forth the specific California reporting requirements. The data elements

required in this subdivision are taken from California EDI Implementation Guide

for Medical Bill Payment Records and the IAIABC EDI Implementation Guide for

Medical Bill Payment Records. The claims administrator shall submit the

data within ninety (90) calendar days of the medical bill payment. Each

claims administrator shall transmit the data elements by electronic data

interchange in the manner set forth in the California EDI Implementation Guide.

Many of the data elements in the chart have footnotes, which are explained at

the end of the chart.

 

Subdivision (g) is amended to modify the words ''each claim'' with ''with a

date of injury on or after July 1, 2000 and '' The words, ''including

medical'' are deleted as they are unnecessary and confusing. Various data

element names and numbers in the chart have been amended or deleted to be

consistent with the updated IAIABC EDI Implementation Guide. The following

''note'' has been added: ''Final reports (MTC = FN) are required only for claims

where indemnity benefits are paid. For medical-only claims, the final report

would be reported under this subsection (MTC = AN) with claim status =

'closed.''' Subdivision (h)(3) has been added to state that on and after June 1,

2006, a claims administrator's obligation to submit an Annual Report of

Inventory pursuant to Title 8, California Code of Regulations, section 10104 is

satisfied upon determination by the Administrative Director that the claims

administrator has demonstrated the capability to submit complete, valid, and

accurate data as required under subsections (b), (d), (e), and (g), and

continued compliance with those subsections.

 

3. Section 9703

 

Subdivision (b) is amended to include that the Division of Workers'

Compensation may obtain and use individually identifiable information: ''(5) To

conduct research related to the workers' compensation system for the purpose of

carrying out the duties of the Division of Workers' Compensation or the

Administrative Director.'' Subdivision (d) is added to state that upon written

request to the Administrative Director, researchers employed by or under

contract to the Commission on Health and Safety and Workers' Compensation

agencies may obtain individually identifiable information from the WCIS, in

the manner set forth in a memorandum of understanding between the Administrative

Director, the commission, and the person or entity conducting research, for the

purpose of bona fide statistical research. The subdivision also sets forth what

the request must include and rules pertaining to the protection of individually

identifiable information.

 

The remaining subdivisions are re-lettered.

 

DISCLOSURES REGARDING THE PROPOSED REGULATORY ACTION

 

The Administrative Director has made the following initial determinations:

 

Significant statewide adverse economic impact directly affecting business,

including the ability of California businesses to compete with businesses in

other states: Costs will be incurred by workers' compensation insurers,

self-insured self-administered employers and third party claims administrators

to expand the Electronic Data Interchange structure of the Workers' Compensation

Information System (WCIS) reporting program, including payment for programming

and related staff, and costs associated with establishing linkages between

claims handling and bill review systems. Costs will also be incurred to report

the additional medical transactions data to the WCIS. Some nationwide

workers' compensation insurance companies already report medical data to other

states (i.e. Texas and West Virginia) and therefore already have their medical

reporting systems in operation. Other insurance carriers who are not yet

providing medical data may contract with a third party vendor and incur

costs of approximately $8000 per year. Insurance companies who report directly

to WCIS and use their own systems will need to upgrade their programming for the

medical data reporting and may incur an initial cost of approximately

$50,000. Medical data reporting to the WCIS is required by Labor Code section

138.6 which established the WCIS, Labor Code section 4603.4 which requires

that all employers/claims administrators accept electronic billing from

medical providers, and the need to collect medical data in order to analyze

and monitor system performance [see the California State Auditor Report

entitled: California's Workers' Compensation Program: Changes to the Medical

Payment System Should Produce Savings Although Uncertainty about New Regulations

and Data Limitations Prevent a More Comprehensive Analysis (January 2004.)].

 

The costs may affect claims administrators (workers' compensation insurance

companies, third party claims administrators, or self-insured self administered

employers). The claims administrators will be required to report via an

electronic transmission of the medical data listed in the regulations to the

WCIS in the time frames set forth in the regulations, as they are currently

required to do with data elements derived from the first and subsequent

reports of injury.

 

The Division has made an initial determination that the adoption of this

regulation may have a significant, statewide adverse economic impact directly

affecting business, including the ability of California businesses to compete

with businesses in other states. The Division has considered proposed

alternatives that would lessen any adverse economic impact on businesses and

invites you to submit proposals. Submissions may include the following

considerations:

 

(i) The establishment of differing compliance or reporting requirements or

timetables that take into account the resources available to businesses.

 

(ii) Consolidation or simplification of compliance and reporting requirements

for businesses.

 

(iii) The use of performance standards rather than prescriptive standards.

 

(iv) Exemption or partial exemption from the regulatory requirements for

businesses.

 

Adoption of these regulations will not:

 

(1) create or eliminate jobs within the State of California,

 

(2) create new businesses or eliminate existing businesses within the State

of California, or

 

(3) affect the expansion of businesses currently doing business in

California.

 

- Effect on Housing Costs: None.

 

- Cost impacts on representative private person or business: The

Administrative Director has determined that the proposed regulations will not

have a significant adverse economic impact on representative private persons or

directly affected businesses. The entities directly affected by the regulations

are three types of private businesses:

 

(1) employers who are large and financially secure enough to be permitted to

self-insure their workers' compensation liability and who administer their own

workers' compensation claims;

 

(2) private insurance companies which are authorized to transact workers'

compensation insurance in California; and

 

(3) third party administrators which are retained to administer claims on

behalf of self-insured employers or insurers.

 

EFFECT ON SMALL BUSINESS

 

The Administrative Director has determined that the proposed regulations may

affect small businesses. However, claims administrators have been required to

report to WCIS since November 1, 1999. Therefore, the reporting to WCIS is not a

new requirement. Additionally, small businesses are generally not self-insured,

insurers, or third party administrators. Finally, subdivision (e), which

requires medical data reporting, will not affect small business, as only

claims administrators handling one hundred and fifty or more total claims per

year are required to report.

 

FISCAL IMPACTS

 

- Costs or savings to state agencies or costs/savings in federal funding to

the State: None.

 

- Local Mandate: None. The proposed regulations will not impose any new

mandated programs or increased service levels on any local agency or school

district. The potential costs imposed on all public agency employers by these

proposed regulations, although not a benefit level increase, are not a new State

mandate because the regulations apply to all employers, both public and private,

and not uniquely to local governments.

 

- Cost to any local agency or school district that is required to be

reimbursed under Part 7 (commencing with Section 17500) of Division 4 of the

Government Code: None. (See ''Local Mandate'' section above.)

 

- Other nondiscretionary costs/savings imposed upon local agencies: None.

(See ''Local Mandate'' section above.)

 

CONSIDERATION OF ALTERNATIVES

 

In accordance with Government Code Section 11346.5(a)(13), the Administrative

Director must determine that no reasonable alternative considered or that has

otherwise been identified and brought to the Administrative Director's attention

would be more effective in carrying out the purpose for which the actions are

proposed or would be as effective and less burdensome to affected private

persons than the proposed actions.

 

The Administrative Director invites interested persons to present statements

or arguments with respect to alternatives to the proposed regulations at the

scheduled hearing or during the written comment period.

 

PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS

 

Pursuant to Government Code section 11346.45, the text of the draft proposed

regulations was made available for pre-regulatory public comment through the

Division's Internet message board (the DWC Forums). Additionally, the proposed

regulations were made available for discussion and comment to the WCIS Advisory

Committee (Title 8, California Code of Regulations, section 9704).

 

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS,

RULEMAKING FILE AND DOCUMENTS SUPPORTING THE RULEMAKING FILE / INTERNET ACCESS

 

An Initial Statement of Reasons and the text of the proposed regulations in

plain English have been prepared and are available from the contact person named

in this notice. The entire rulemaking file will be made available for inspection

and copying at the address indicated below.

 

As of the date of this notice, the rulemaking file consists of the notice,

the initial statement of reasons, the proposed text of the regulations,

pre-rulemaking comments, and the Form 399. Also included are studies and

documents relied upon in drafting the proposed regulations.

 

In addition, the Notice, Initial Statement of Reasons, and proposed text of

regulations may be accessed and downloaded from the Division's website at

www.dir.ca.gov. To access them, click on the ''Proposed

Regulations-Rulemaking'' link and scroll down the list of rulemaking proceedings

to find the current Workers' Compensation Information System rulemaking link.

 

Any interested person may inspect a copy or direct questions about the

proposed regulations and any supplemental information contained in the

rulemaking file. The rulemaking file will be available for inspection at the

Department of Industrial Relations, Division of Workers' Compensation, 1515

Clay Street, Oakland, California, between 9:00 a.m. and 4:30 p.m., Monday

through Friday. Copies of the proposed regulations, initial statement of reasons

and any information contained in the rulemaking file may be requested in writing

to the contact person.

 

CONTACT PERSON

 

Nonsubstantive inquiries concerning this action, such as requests to be added

to the mailing list for rulemaking notices, requests for copies of the text of

the proposed regulations, the Initial Statement of Reasons, and any supplemental

information contained in the rulemaking file may be requested in writing at the

same address. The contact person is: Maureen Gray Regulations Coordinator

Department of Industrial Relations Division of Workers' Compensation Post Office

Box 420603 San Francisco, CA 94142 E-mail: mgray@dir.ca.gov The telephone number

of the contact person is (510) 286-7100.

 

BACKUP CONTACT PERSON/ CONTACT PERSON FOR SUBSTANTIVE QUESTIONS

 

In the event the contact person is unavailable, or to obtain responses to

questions regarding the substance of the proposed regulations, inquiries should

be directed to the following backup contact persons: Destie Overpeck

(doverpeck@dir.ca.gov) Division of Workers' Compensation Post Office Box 420603

San Francisco, CA 94142 The telephone number of the backup contact persons is

(510) 286-7100.

 

AVAILABILITY OF CHANGES FOLLOWING PUBLIC HEARING

 

If the Administrative Director makes changes to the proposed regulations as a

result of the public hearing and public comment received, the modified text with

changes clearly indicated will be made available for public comment for at least

15 days prior to the date on which the regulations are adopted.

 

AVAILABILITY OF THE FINAL STATEMENT OF REASONS

 

Upon its completion, the Final Statement of Reasons will be available and

copies may be requested from the contact person named in this notice or may be

accessed on the website: www.dir.ca.gov

 

AUTOMATIC MAILING

 

A copy of this Notice, the Initial Statement of Reasons, and the text of the

regulations, will automatically be sent to those interested persons on the

Administrative Director's mailing list.

 

If adopted, the regulations as amended will appear in Title 8, California

Code of Regulations, commencing with section 9701.

 

Agency Contact: Maureen Gray. Regulations Coordinator. Department of Industrial Relations. Division of Workers' Compensation. Post Office Box 420603; San Francisco, CA 94142. Written comments may be submitted by facsimile transmission (FAX), addressed to the above-named contact person at (510) 286-0687. Written comments may also be sent electronically (via e-mail) using the following e-mail address: dwcrules@dir.ca.gov . Unless submitted prior to or at the public hearing, Ms. Gray must receive all written comments no later than 5:00 p.m. on November 22, 2005.

 

Citation: Title 8: Sections 9701-9703.

 

Status: 10/07/2005 Proposed Action on Regulations. 11/22/2005 Public Hearing: Elihu Harris State Building, Auditorium. 1515 Clay Street, Oakland, CA 94612. 10:00 am to 5:00 pm or conclusion of business. 11/22/2005 Comment Deadline at 5pm

 

Comment Deadline: 10/22/2005

 

 

 

Indiana

Department of Health - 410 IAC 27-1

 

Title: Proposed Rules

 

Agency: Department of Health

 

Summary: Adds 410 IAC 27 to establish rules pertaining to the operation and management of birthing centers as well as establishing minimum licensing qualifications and establishing requirements for sanitation standards, staff qualifications, necessary emergency equipment, procedures to provide emergency care, quality assurance standards, and infection control, to prescribe the operating policies, supervision, and maintenance of medical records, to establish procedures for the issuance, renewal, denial, and revocation of licenses while addressing the form and content of the license and the collection of an annual license fee, and to address procedures and standards for inspections. Effective 30 days after filing with the Secretary of State.

 

Summary Comments:

410 IAC 27

 

Notice of Public Hearing

 

Under IC 4-22-2-24, notice is hereby given that on October 24, 2005 at 9:00

a.m., at the Indiana Government Center-South, 402 West Washington Street,

Conference Center Rooms 1 and 2, Indianapolis, Indiana the Indiana State

Department of Health will hold a public hearing on a proposed rule pertaining to

the operation and management of birthing centers as well as establishing

minimum licensing qualifications and establishing requirements for sanitation

standards, staff qualifications, necessary emergency equipment, procedures to

provide emergency care, quality assurance standards, and infection control. The

rules will prescribe the operating policies, supervision, and maintenance of

medical records. The rules will establish procedures for the issuance,

renewal, denial, and revocation of licenses while addressing the form and

content of the license and the collection of an annual license fee. The

procedures and standards for inspections will also be addressed.

 

These rules are designed to meet the statutory mandate of IC 16-21-1-7 and IC

16-21-2-2.5. Requirements not expressly required by these statutes have not been

imposed.

 

Agency Contact: Sue Uhl; Deputy State Health Commissioner; Indiana State Department of Health. Health Care Regulatory Services Commission at the Indiana State Department of Health, 2 North Meridian Street and Legislative Services Agency, One North Capitol, Suite 325, Indianapolis, Indiana.

 

Citation: 410 IAC 27-1

 

Status: 10/01/2005 Proposed Rules. 10/24/2005 Public Hearing.

 

Effective Date Comments: Effective 30 days after filing with the Secretary of State.

 

 

 

Indiana

Department of Health - 410 IAC 26-1

 

Title: Proposed Rules

 

Agency: Department of Health

 

Summary: Adds 410 IAC 26 to establish rules pertaining to the operation and management of abortion clinics as well as establishing minimum licensing qualifications and establishing requirements for sanitation standards, staff qualifications, necessary emergency equipment, procedures to provide emergency care, quality assurance standards, and infection control, to prescribe the operating policies, supervision, and maintenance of medical records, to establish procedures for the issuance, renewal, denial, and revocation of licenses while addressing the form and content of the license and the collection of an annual license fee, and to address procedures and standards for inspections. Effective 30 days after filing with the Secretary of State.

 

Summary Comments:

410 IAC 26

 

Notice of Public Hearing

 

Under IC 4-22-2-24, notice is hereby given that on October 24, 2005 at 10:30

a.m., at the Indiana Government Center-South, 402 West Washington Street,

Conference Center Rooms 1 and 2, Indianapolis, Indiana the Indiana State

Department of Health will hold a public hearing on a proposed rule pertaining to

the operation and management of abortion clinics as well as establishing minimum

licensing qualifications and establishing requirements for sanitation standards,

staff qualifications, necessary emergency equipment, procedures to provide

emergency care, quality assurance standards, and infection control. The rule

prescribes the operating policies, supervision, and maintenance of medical

records. The rule will establish procedures for the issuance, renewal, denial,

and revocation of licenses while addressing the form and content of the

license and the collection of an annual license fee. The rule also addresses

procedures and standards for inspections.

 

These rules are designed to meet the statutory mandate of IC 16-21-1-7 and IC

16-21-2-2.5. Requirements not expressly required by these statutes have not been

imposed.

 

Copies of these rules are now on file at the Health Care Regulatory Services

Commission at the Indiana State Department of Health, 2 North Meridian Street

and Legislative Services Agency, One North Capitol, Suite 325, Indianapolis,

Indiana and are open for public inspection.

 

Agency Contact: Sue Uhl; Deputy State Health Commissioner; Indiana State Department of Health. Health Care Regulatory Services Commission at the Indiana State Department of Health, 2 North Meridian Street and Legislative Services Agency, One North Capitol, Suite 325, Indianapolis, Indiana.

 

Citation: 410 IAC 26-1

 

Comment Deadline: 10/01/2005 Proposed Rules. 10/24/2005 Public Hearing.

 

Effective Date Comments: Effective 30 days after filing with the Secretary of State.

 

 

 

Oregon

Department of Administrative Services - OAR 125-055-0100, -0105, -0115, -0120, -0125, -0130

 

Title: CONTRACT REQUIREMENTS FOR BUSINESS ASSOCIATES

 

Agency: Department of Administrative Services

 

Summary: Amends rules regarding contract requirements for business associates. Implements contract requirements for agencies that contract with a business associate. Incorporates additional federal requirements in contracts involving business associates imposed by the Health Insurance Portability and Accountability Act Security Rules.

 

Agency Contact: Kristin, Keith, Department of Administrative Services, 155. Cottage St NE U90, Salem, OR 97301-3972, 503-378-2349, ext 325

 

Citation: OAR 125-055-0100, -0105, -0115, -0120, -0125, -0130

 

Status: 10/01/2005 Proposed Rule

 

Comment Deadline: 10/21/2005