Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

10/13/2005 - 10/19/2005

 

New Legislative Entries

 

Pennsylvania S.B. 934

 

Full Text Link: http://www.multistate.com/SMART.nsf/billdetail?openform&billid=PA+S.B.+934

 

Category: Medical Records Privacy

 

Last Action: 10/17/2005 To SENATE Committee on PUBLIC HEALTH AND WELFARE.

 

Synopsis: Establishes the Medical Safety Automation Account. Provides grants to implement medical safety automation systems.

 

Additional Information:

Language as Introduced on October 17, 2005:

 

Section 3. Medical safety automation program.

 

(a) Establishment. A medical safety automation program is hereby established to provide grants to health care providers or to regional health information organizations to implement medical safety automation systems.

 

(b) Grants. The medical safety automation program shall provide grants to health care providers and regional medical safety automation organizations for the following:

 

(1) Purchase of health information technology necessary to create an interoperable and integrated medical safety automation system.

 

(2) Payment of costs and expenses associated with preparation of plans, specifications, studies and surveys necessary to determine the scope of a medical safety automation system and the practicality and effectiveness of its use.

 

(3) Training of personnel in the use of a medical safety automation system.

 

(c) Limitation. The amount of a grant to any specific health care provider or regional medical safety automation organization under this program shall not exceed $ 1,000,000.

 

(d) Matching funds. An applicant for a grant under this section shall provide matching funds in the amount of 100% of the amount of the grant.

 

(e) Term. A grant under this section shall be for a term not to exceed two years.

 

Section 4. Fund.

 

A restricted receipt account is hereby established in the State Treasury to be known as the Medical Safety Automation Account. The following shall be deposited into the fund:

 

(1) Money appropriated to the fund by the General Assembly.

 

(2) Earnings derived from the investment of the money in the account, after deducting investment expenses.

 

Section 5. Eligibility.

 

In order to be eligible for a grant under this act, a health care provider must provide medically necessary services to individuals regardless of the individual's ability to pay for the services and must be a participating provider with the Department of Public Welfare of services to individuals eligible for medical assistance.

 

Section 6. Application.

 

(a) Submission. In order to be eligible to receive a grant under this act, a health care provider or regional medical safety automation organization shall submit an application in a form and manner prescribed by the department.

 

(b) Requirements. An application submitted under subsection (a) shall set forth the manner in which the medical safety automation system will do the following:

 

(1) Protect privacy and security of health information.

 

(2) Maintain and provide permitted access to health information in an electronic format.

 

(3) Ensure compliance with standards adopted by the department and the Office of the National Coordinator for Health Information Technology.

 

(4) Incorporate decision support to improve health care quality, reduce medical errors and advance the delivery of patient-centered medical care.

 

(5) Reduce health care costs resulting from inefficiency, medical errors, inappropriate care and incomplete information.

 

(6) Ensure interoperability with other systems and health care providers.

 

(7) Improve the coordination of care and information among health care providers, health insurers and other entities through an effective infrastructure for the secure and authorized exchange of health care information.

 

(8) Improve public health reporting and facilitate the early identification and rapid response to public health threats and emergencies, including bioterror events and infectious disease outbreaks.

 

(9) Facilitate health research.

 

(10) Promote prevention of chronic diseases.

 

(11) Provide for consumer access to personal medical information.

 

(c) Additional information. In addition to the application the applicant shall provide:

 

(1) A feasibility study of the proposed medical safety automation system.

 

(2) A business or financial plan that describes the long-term sustainability, financial cost to the applicant and the proposed benefits of the plan.

 

(3) A strategic plan and schedule for the development and implementation of the medical safety automation system.

 

Section 7. Accountability.

 

(a) Information required. Within one year of receipt of a grant under this act, the recipient shall provide the following to the department:

 

(1) A report on the status of the strategic plan and the development of the medical safety automation system.

 

(2) An accounting of the expenditure of funds from the grant and all funds received from other sources.

 

(3) A report on any reductions in medical errors, increases in efficiency and advances in the delivery of patient-centered medical care.

 

(b) Annual report. The department shall submit an annual report to the chairman and minority chairman of the Public Health and Welfare Committee of the Senate and the chairman and minority chairman of the Health and Human Services Committee of the House of Representatives which shall include the number and amount of grants awarded, a description of each medical safety automation system being funded, the impact on the delivery of medical care and the total amount of funds spent.

 

Status:

 

10/17/2005 INTRODUCED.

10/17/2005 To SENATE Committee on PUBLIC HEALTH AND WELFARE.

 

Sponsor Information: Rob Wonderling (R-Majority)

 

Sponsor: Wonderling

 

 

 

Wisconsin S.B. 391

 

Full Text Link: http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+S.B.+391

 

Category: Medical Records Privacy

 

Last Action: 10/17/2005 Introduced

 

Synopsis:

Examination of proposed ward: Under current law, when a guardian is proposed to be appointed for a ward on the ground of alleged incompetency, a physician or psychologist, or both, must furnish a written statement, based on an examination, concerning the proposed ward's mental condition. The proposed ward must be informed that his or her statements may be used as a basis for a finding of incompetency and for an order for protective services, including the involuntary administration of psychotropic medication, and that he or she may remain silent. The statement must be provided to the proposed ward and his or her guardian ad litem and attorney. The bill requires that the physician or psychologist examining the proposed ward furnish a report, instead of a statement, stating his or her professional opinion regarding the presence and likely duration of any medical or other condition causing the proposed ward's incapacity. The petitioner must provide a copy of the report to the petitioner's attorney, if any, as well as to the proposed ward and his or her counsel and guardian ad litem. Either the guardian ad litem or the physician or psychologist must inform the proposed ward that, absent a court order, he or she may refuse to participate in the examination. The court must consider the recency of any such report in determining its accuracy and the weight to be given to it. The bill also authorizes submitting a petition to the court to order the proposed ward to submit to an examination and permits access by the physician or psychologist to the proposed ward's patient health care records and mental health treatment records.

 

Additional Information:

(Note: Text too large to import, all relevant language included below)

 

Language as Introduced on October 17, 2005:

 

SECTION 66. 51.30 (4) (b) 20. (intro.) of the statutes is amended to read:

 

51.30 (4) (b) 20. (intro.) Except with respect to the treatment records of a subject individual who is receiving or has received services for alcoholism or drug dependence, to the spouse, parent, adult child or sibling of a subject individual, if the spouse, parent, adult child or sibling is directly involved in providing care to or monitoring the treatment of the subject individual and if the involvement is verified by the subject individual's physician, psychologist or by a person other than the spouse, parent, adult child or sibling who is responsible for providing treatment to the subject individual, in order to assist in the provision of care or monitoring of treatment. Except in an emergency as determined by the person verifying the involvement of the spouse, parent, adult child or sibling, the request for treatment records under this subdivision shall be in writing, by the requester. Unless the subject individual has been adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE , the person verifying the involvement of the spouse, parent, adult child or sibling shall notify the subject individual about the release of his or her treatment records under this subdivision. Treatment records released under this subdivision are limited to the following:

 

SECTION 67. 51.30 (4) (dm) 2. of the statutes is amended to read:

 

51.30 (4) (dm) 2. Conceal or withhold a treatment record with intent to prevent its release to the subject individual under par. (d), to his or her guardian appointed under ch. 880 , or to persons with the informed written consent of the subject individual or with intent to prevent or obstruct an investigation or prosecution.

 

SECTION 68. 51.30 (4) (f) of the statutes is amended to read:

 

51.30 (4) (f) Correction of information. A subject individual, or the parent, guardian , or person in the place of a parent of a minor, or the guardian of an INDIVIDUAL ADJUDICATED incompetent may, after having gained access to treatment records, challenge the accuracy, completeness, timeliness, or relevance of factual information in his or her treatment records and request in writing that the facility maintaining the record correct the challenged information. Such THE request shall be granted or denied within 30 days by the director of the treatment facility, the director of the county department under section 51.42 or 51.437, or the secretary depending upon which person has custody of the record. Reasons for denial of the requested changes shall be given by the responsible officer and the individual shall be informed of any applicable grievance procedure or court review procedure. If the request is denied, the individual, parent, guardian , or person in the place of a parent shall be allowed to insert into the record a statement correcting or amending the information at issue. The statement shall become a part of the record and shall be released whenever the information at issue is released.

 

SECTION 69. 51.30 (5) (a) of the statutes is amended to read:

 

51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

 

SECTION 70. 51.30 (5) (b) 1. of the statutes is amended to read:

 

51.30 (5) (b) 1. The guardian of an individual who is adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

 

 

 

SECTION 101. 51.61 (1) (w) 3. of the statutes is amended to read:

 

51.61 (1) (w) 3. A patient, a patient's relative who may be liable for the cost of the patient's care and treatment , or a patient's guardian may request information about charges for care and treatment services at the treatment facility or community mental health program. If a treatment facility or community mental health program receives such a request, the treatment facility or community mental health program shall promptly provide to the individual making the request written information about the treatment facility's or community mental health program's charges for care and treatment services. Unless the request is made by the patient, the guardian of a patient adjudged ADJUDICATED incompetent under ch. 880 IN THIS STATE , the parent or guardian of a minor who has access to the minor's treatment records under section 51.30 (5) (b) 1. , or a person designated by the patient's informed written consent under section 51.30 (4) (a) as a person to whom information may be disclosed, information released under this subdivision is limited to general information about the treatment facility's or community mental health program's charges for care and treatment services and may not include information which may not be disclosed under section 51.30.

 

Status: 10/17/2005 Introduced

 

Sponsor Information: Luther S. Olsen (R-Majority)

 

Sponsor: Olsen

 

 


 

Movement Legislative Entries

 

 

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

 

 

 

Michigan H.B. 4606

 

Full Text Link: http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MI+H.B.+4606

 

Category: Medical Records Privacy

 

Last Action: 10/18/2005 Expected in HJ 88 reported with recommendation with substitute H-1; Expected in HJ 88 referred to second reading

 

Synopsis: Allows year-round posting of school session signage.

 

Additional Information:

Language as Introduced on April 13, 2005:

 

Sec. 20201. (1) A health facility or agency that provides services directly to patients or residents and is licensed under this article shall adopt a policy describing the rights and responsibilities of patients or residents admitted to the health facility or agency. Except for a licensed health maintenance organization which shall comply with chapter 35 of the insurance code of 1956, 1956 PA 218, MCL 500.3501 to 500.3580, the policy shall be posted at a public place in the health facility or agency and shall be provided to each member of the health facility or agency staff. Patients or residents shall be treated in accordance with the policy.

 

(2) The policy describing the rights and responsibilities of patients or residents required under subsection (1) shall include, as a minimum, all of the following:

 

(a) A patient or resident shall not be denied appropriate care on the basis of race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or source of payment.

 

(b) An individual who is or has been a patient or resident is entitled to inspect, or receive for a reasonable fee, a copy of his or her medical record upon request. A EXCEPT AS OTHERWISE PERMITTED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, PUBLIC LAW 104-191, OR REGULATIONS PROMULGATED UNDER THAT ACT, 45 CFR PARTS 160 AND 164, A third party shall not be given a copy of the patient's or resident's medical record without prior authorization of the patient or resident.

 

(c) A patient or resident is entitled to confidential treatment of personal and medical records, and may refuse their release to a person outside the health facility or agency except as required because of a transfer to another health care facility, or as required by law or third party payment contract , OR AS PERMITTED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, PUBLIC LAW 104-191, OR REGULATIONS PROMULGATED UNDER THAT ACT, 45 CFR PARTS 160 AND 164 .

 

Status:

04/13/2005 In House; referred to Committee on Health Policy

10/18/2005 Expected in HJ 88 reported with recommendation with substitute H-1; Expected in HJ 88 referred to second reading

 

Sponsor Information: John P. Stakoe (R-Majority)

 

Sponsor: Stakoe

 

 

 

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 In House; 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 In House; 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 In Assembly; Introduced; cosponsored; Read first time and referred to committee on Criminal Justice and Homeland Security

 

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 In Assembly; Introduced; cosponsored; Read first time and referred to committee on Criminal Justice and Homeland Security

 

Sponsor Information: Marlin D. Schneider (D-Minority)

 

Sponsor: Schneider

 

 


 

Regulatory Report

 

 

Maryland - COMAR 10.09.15.01, .05, .07

 

Title: PODIATRY SERVICES STATE ID: 05-269

 

Agency: Department of Health and Mental Hygiene

 

Summary: Proposes to revise the regulations so they are consistent with recent changes to the Health Occupations Article, Annotated Code of Maryland, which expands the scope of practice for podiatrists. Makes clear that podiatry providers cannot bill recipients for the completion of forms, missed appointments, or the photocopying of medical records.

 

Agency Contact:

Michelle Phinney, Director, Office of Regulation and Policy

Coordination, Dept of Health and Mental Hygiene, Rm 521, 201 W Preston St,

Baltimore, MD 21201, 410-767-6499, fax 410-333-7687, regs@dhmh.state.md.us

 

Citation: COMAR 10.09.15.01, .05, .07

 

Status: 10/14/2005 Proposed Rule

 

Comment Deadline: 11/14/2005