Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

11/03/2005 - 11/09/2005

 

New Legislative Entries

 

Florida S.B. 570

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=FL+S.B.+570

 

Category:

Medical Records Privacy

 

Last Action:

11/03/2005 PREFILED.

 

Synopsis:

Relates to pharmacists flu virus immunizations; redefines term practice of profession of pharmacy to include administering of influenza virus immunizations to adults by pharmacist within established protocol and under supervisory practitioner who is licensed physician or by written agreement with county health department; requires professional liability insurance, training and certification in immunization, and employer approval before entering in protocol. Provides that a pharmacist administering an influenza vaccine shall maintain and make available patient records using the same standards for confidentiality and maintenance of such records as those that are imposed on health care practitioners under S. 456.057. These records must be maintained for a minimum of 5 years.

 

Status:

11/03/2005 PREFILED.

 

Sponsor Information:

Michael S. 'Mike' Bennett (R-Majority)

 

Sponsor:

Bennett

 

 

 

Massachusetts H.B. 4471

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=MA+H.B.+4471

 

Category:

Medical Records Privacy

 

Last Action:

11/01/2005 To HOUSE Committee on WAYS AND MEANS.

 

Synopsis:

Relates to to manufacturer coupons, rebates and reductions on a health care item or a limited time free supply of a health care item made to a person directly or electronically by a health care provider through a point of sale or mail-in-coupon, rebate or through similar means; does not allow the use or disclosure of health information in any way that does not comply with the Act; does not negate the need for a written prescription as provided by law.

 

Additional Information:

Language as Introduced on November 1, 2005:

 

SECTION 1. Section 41 of chapter 118E of the General Laws is hereby amended by inserting before the end of the second sentence: ;or to a discount, rebate or other reduction in price on a health care item or a limited time free supply of a health care item that is made available to an individual, if such is provided directly or electronically by a health care provider to the individual or through a "point of sale" or mail-in coupon, rebate, or through similar means. This section does not negate the need for a written prescription as provided by law.

 

For purposes of the federal Health Information Portability and Accountability Act of 1996, nothing in this section shall be deemed to require or allow the use or disclosure of health information in any manner that does not otherwise comply with such Act.

 

SECTION 2. Section 3 of chapter 175H of the General Laws is hereby amended by inserting at the end thereof:-

 

This section shall not apply to a discount, rebate, or other reduction in price on a health care item or a limited-time free supply of a health care item that is made available to an individual, if such is provided directly or electronically by a health care provider to the individual or through a "point of sale" or "mail-in" coupon, rebate or through similar means. This section does not negate the need for a written prescription as provided by law.

 

For purposes of the federal Health Information Portability and Accountability Act of 1996, nothing in this section shall be deemed to require or allow the use or disclosure of health information in any manner that does not otherwise comply with such Act.

 

Status:

 

11/01/2005 INTRODUCED.

11/01/2005 Recommended New Draft for H 3743.

11/01/2005 To HOUSE Committee on WAYS AND MEANS.

 

Sponsor Information:

Joint Committee on Health Care Financing

 

Sponsor:

Joint Committee on Health Care Financing

 

 

 

Wisconsin E.O. 56

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+E.O.+56

 

Category:

Medical Records Privacy

 

Last Action:

11/03/2005 INTRODUCED.

 

Synopsis:

(Executive Order No. 129) Creates a Board for eHealth Care Quality and Patient Safety. Directs the Board to comprehensively review issues surrounding the creation of an ehealth information infrastructure and develop guidance for the users of such infrastructure; provides for reduction of errors, health care information at the point of care for all patients, coordination among hospitals, physicians and other health professionals and furthering of health care research; relates to large and small employers.

 

Additional Information:

Creates a Board for eHealth Care Quality and Patient Safety ("Board"). Directs the Board to comprehensively review issues surrounding the creation of an ehealth information infrastructure in Wisconsin and develop guidance - to be known as the "Wisconsin Action Plan for Health Care Quality and Safety" - for the users of such infrastructure. Provides that members of the Board shall be appointed by, and serve without compensation at the pleasure of, the Governor. Provides that the Chairperson of the Board shall be designated by the Governor from among the Board's membership. Directs the Board to develop recommendations for: 1. Identifying existing ehealth resources, including funding sources, to support the development of a statewide ehealth information infrastructure; and 2. Identifying technology options, and their advantages and disadvantages, for a statewide ehealth information infrastructure; and 3. Identifying options for serving consumer health information needs; and 4. Insuring health information privacy and security in electronic health information exchange; and 5. Facilitating statewide adoption of electronic health record standards to enable health information exchanges across the state and nationally; and 6. Creating organization and governance structures for a statewide ehealth information infrastructure. Directs the Board to submit the Wisconsin Action Plan for Health Care Quality and Safety to the Governor, detailing recommended actions and key milestone dates to achieve within the next five years the goals stated in this Executive Order. Direct the Board to solicit input from health care industry executives, technology leaders, content experts, major employers, community leaders and interested government agencies in developing the action plan. Provides that the action plan should consider the extent to which an integrated or interoperable system or underlying technology may be cost effective, including by assessing benefits of the system for supporting rapid deployment for supporting medical care practitioners, promoting accurate and appropriate shared information about individual patients among health care providers, and standardizing performance indicators among health care provider organizations to improve organization performance and public reporting of quality, safety and efficiency data for consumers and health care purchaser decision making. Provides that the Board shall annually assess the extent to which automated information and decision support systems are used by health care providers in Wisconsin and annually assess options and progress on the action plan to achieve automation of all health care systems by 2010. Provides that the Board annually report to the Governor on its plans, activities, accomplishments, and recommendations.

 

Status:

 

11/03/2005 INTRODUCED.

 

Sponsor Information:

Governor Jim Doyle (Democrat)

 

Sponsor:

Office of the Governor

 

 


 

Movement Legislative Entries

 

 

Illinois S.B. 1027

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=IL+S.B.+1027

 

Category:

Pricing

 

Last Action:

11/04/2005 In Senate; Rule 2-10 Third Reading Deadline Extended to January 9, 2007

 

Synopsis:

Amends the Vital Records Act. Makes a technical change in a Section concerning fees.

 

Additional Information:

Language as Introduced on February 18, 2005:

 

Section 5. The Vital Records Act is amended by changing Section 25 as follows:

 

(410 ILCS 535/25)(from Ch. 111 1/2, par. 73-25)

 

Sec. 25. In accordance with Section 24 of this Act, AND and the regulations adopted pursuant thereto:

 

(1) The State Registrar of Vital Records shall search the files of birth, death, and fetal death records, upon receipt of a written request and a fee of $ 10 from any applicant entitled to such search. A search fee shall not be required for commemorative birth certificates issued by the State Registrar. If, upon search, the record requested is found, the State Registrar shall furnish the applicant one certification of such record, under the seal of such office. If the request is for a certified copy of the record an additional fee of $ 5 shall be required. If the request is for a certified copy of a death certificate or a fetal death certificate, an additional fee of $ 2 is required. The additional fee shall be deposited into the Death Certificate Surcharge Fund. A further fee of $ 2 shall be required for each additional certification or certified copy requested. If the requested record is not found, the State Registrar shall furnish the applicant a certification attesting to that fact, if so requested by the applicant. A further fee of $ 2 shall be required for each additional certification that no record has been found.

 

Any local registrar or county clerk shall search the files of birth, death and fetal death records, upon receipt of a written request from any applicant entitled to such search. If upon search the record requested is found, such local registrar or county clerk shall furnish the applicant one certification or certified copy of such record, under the seal of such office, upon payment of the applicable fees. If the requested record is not found, the local registrar or county clerk shall furnish the applicant a certification attesting to that fact, if so requested by the applicant and upon payment of applicable fee. The local registrar or county clerk must charge a $ 2 fee for each certified copy of a death certificate. The fee is in addition to any other fees that are charged by the local registrar or county clerk. The additional fees must be transmitted to the State Registrar monthly and deposited into the Death Certificate Surcharge Fund. The local registrar or county clerk may charge fees for providing other services for which the State Registrar may charge fees under this Section.

 

A request to any custodian of vital records for a search of the death record indexes for genealogical research shall require a fee of $ 10 per name for a 5 year search. An additional fee of $ 1 for each additional year searched shall be required. If the requested record is found, one uncertified copy shall be issued without additional charge.

 

Any fee received by the State Registrar pursuant to this Section which is of an insufficient amount may be returned by the State Registrar upon his recording the receipt of such fee and the reason for its return. The State Registrar is authorized to maintain a 2 signature, revolving checking account with a suitable commercial bank for the purpose of depositing and withdrawing-for-return cash received and determined insufficient for the service requested.

 

No fee imposed under this Section may be assessed against an organization chartered by Congress that requests a certificate for the purpose of death verification.

 

Status:

02/18/2005 In Senate; Filed; Chief Co-Sponsor Sen. Emil Jones, Jr.; First Reading; Referred to Rules

02/24/2005 In Senate; Assigned to Health & Human Services

03/17/2005 In Senate; Do Pass Health & Human Services ; 007-003-000; Placed on Calendar Order of 2nd Reading April 6, 2005

04/11/2005 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading April 12, 2005

04/14/2005 In Senate; Placed on Calendar Order of 3rd Reading ** April 15, 2005

04/15/2005 In Senate; Rule 2-10 Third Reading Deadline Extended to December 31, 2005

07/01/2005 In Senate; Pursuant to Senate Rule 3-9(b) / Referred to Rules

11/04/2005 In Senate; Rule 2-10 Third Reading Deadline Extended to January 9, 2007

 

Sponsor Information:

Carol Ronen (D-Majority)

 

Sponsor:

Ronen

 

 

 

Illinois S.B. 1986

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=IL+S.B.+1986

 

Category:

Medical Records Privacy

 

Last Action:

11/04/2005 In Senate; Total Veto Stands

 

Synopsis:

Amends the Illinois Public Aid Code. Creates the Data Warehouse Inter-Agency Coordination of Client Care Task Force to gather information and make recommendations relating to: (1) the most effective flow of information between agencies that serve the same clients through one-stop shopping across State government; (2) the creation of an overarching system to respond to requests by the General Assembly, the Office of the Governor, and the general public; and (3) the most effective use of State moneys in procuring the appropriate technology to obtain a system that can be readily expanded to accommodate the ever-growing information base in State government. Provides that the purpose of the expansion of the data warehouse includes the programmatic review and analysis of the effectiveness of interrelated healthcare programs and their ultimate impact on populations (as well as on clients). Requires the task force to report by December 31, 2005, and repeals the task force provisions on January 1, 2006. Effective immediately.

 

Additional Information:

Language as Enrolled on May 18, 2005:

 

Section 5. The Illinois Public Aid Code is amended by changing Section 12-4.201 and adding Section 12-4.202 as follows:

 

(305 ILCS 5/12-4.201)

 

Sec. 12-4.201.

 

(A) Data warehouse concerning medical and related services. The Illinois Department of Public Aid may purchase services and materials associated with the costs of developing and implementing a data warehouse comprised of management and decision making information in regard to the liability associated with, and utilization of, medical and related services, out of moneys available for that purpose.

 

(B) THE DEPARTMENT OF PUBLIC AID SHALL PERFORM ALL NECESSARY ADMINISTRATIVE FUNCTIONS TO EXPAND ITS LINEARLY-SCALABLE DATA WAREHOUSE TO ENCOMPASS OTHER HEALTHCARE DATA SOURCES AT BOTH THE DEPARTMENT OF HUMAN SERVICES AND THE DEPARTMENT OF PUBLIC HEALTH. THE DEPARTMENT OF PUBLIC AID SHALL LEVERAGE THE INHERENT CAPABILITIES OF THE DATA WAREHOUSE TO ACCOMPLISH THIS EXPANSION WITH MARGINAL ADDITIONAL TECHNICAL ADMINISTRATION. THE PURPOSE OF THIS EXPANSION IS TO ALLOW FOR PROGRAMMATIC REVIEW AND ANALYSIS INCLUDING THE INTERRELATEDNESS AMONG THE VARIOUS HEALTHCARE PROGRAMS IN ORDER TO ASCERTAIN EFFECTIVENESS TOWARD, AND ULTIMATE IMPACT ON, CLIENTS AND POPULATIONS. BEGINNING JULY 1, 2005, THE DEPARTMENT OF PUBLIC AID SHALL SUPPLY QUARTERLY REPORTS TO THE COMMISSION ON GOVERNMENT FORECASTING AND ACCOUNTABILITY DETAILING PROGRESS TOWARD THIS MANDATE. (Source: P.A. 90-9, eff. 7-1-97.)

 

(305 ILCS 5/12-4.202 new)

 

SEC. 12-4.202. DATA WAREHOUSE INTER-AGENCY COORDINATION OF CLIENT CARE TASK FORCE.

 

(A) THE DATA WAREHOUSE INTER-AGENCY COORDINATION OF CLIENT CARE TASK FORCE IS CREATED. THE TASK FORCE SHALL CONSIST OF THE FOLLOWING:

 

(1) EIGHT VOTING MEMBERS, APPOINTED 2 EACH BY THE PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

 

(2) FIVE EX OFFICIO, NONVOTING MEMBERS AS FOLLOWS: THE DIRECTOR OF THE GOVERNOR'S OFFICE OF MANAGEMENT AND BUDGET, OR HIS OR HER DESIGNEE; THE DIRECTOR OF PUBLIC AID, OR HIS OR HER DESIGNEE; THE DIRECTOR OF PUBLIC HEALTH, OR HIS OR HER DESIGNEE; THE SECRETARY OF HUMAN SERVICES, OR HIS OR HER DESIGNEE; AND THE DIRECTOR OF CHILDREN AND FAMILY SERVICES, OR HIS OR HER DESIGNEE.

 

THE VOTING MEMBERS OF THE TASK FORCE SHALL ELECT FROM THEIR NUMBER 2 CO-CHAIRS OF THE TASK FORCE.

 

MEMBERS OF THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION AND ARE NOT ENTITLED TO REIMBURSEMENT FOR THEIR EXPENSES INCURRED IN PERFORMING THEIR DUTIES.

 

FIVE AFFIRMATIVE VOTES ARE REQUIRED FOR THE TASK FORCE TO TAKE ACTION.

 

(B) THE TASK FORCE SHALL GATHER INFORMATION AND MAKE RECOMMENDATIONS RELATING TO THE FOLLOWING:

 

(1) THE MOST EFFECTIVE FLOW OF INFORMATION BETWEEN AGENCIES THAT SERVE THE SAME CLIENTS THROUGH ONE-STOP SHOPPING ACROSS STATE GOVERNMENT.

 

(2) THE CREATION OF AN OVERARCHING SYSTEM TO RESPOND TO REQUESTS BY THE GENERAL ASSEMBLY, THE OFFICE OF THE GOVERNOR, AND THE GENERAL PUBLIC.

 

(3) THE MOST EFFECTIVE USE OF STATE MONEYS IN PROCURING THE APPROPRIATE TECHNOLOGY TO OBTAIN A SYSTEM THAT CAN BE READILY EXPANDED TO ACCOMMODATE THE EVER-GROWING INFORMATION BASE IN STATE GOVERNMENT.

 

(C) THE TASK FORCE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 31, 2005.

 

(D) THIS SECTION IS REPEALED ON JANUARY 1, 2006.

 

Section 99. Effective date. This Act takes effect upon becoming law.

 

Status:

02/25/2005 In Senate; Filed; First Reading; Referred to Rules

03/02/2005 In Senate; Assigned to Health & Human Services

03/10/2005 In Senate; Added as Chief Co-Sponsor Sen. Mattie Hunter

03/14/2005 In Senate; Senate Committee Amendment No. 1 Filed; Senate Committee Amendment No. 1 Referred to Rules

03/15/2005 In Senate; Senate Committee Amendment No. 1 Rules Refers to Health & Human Services

03/16/2005 In Senate; Added as Co-Sponsor Sen. M. Maggie Crotty

03/17/2005 In Senate; Added as Co-Sponsor Sen. Rickey R. Hendon; Senate Committee Amendment No. 1 Adopted; Do Pass as Amended Health & Human Services ; 010-000-000; Placed on Calendar Order of 2nd Reading April 6, 2005; Added as Chief Co-Sponsor Sen. Dale A. Righter

04/07/2005 In Senate; Senate Floor Amendment No. 2 Filed; Senate Floor Amendment No. 2 Referred to Rules

04/11/2005 In Senate; Second Reading; Placed on Calendar Order of 3rd Reading April 12, 2005; Senate Floor Amendment No. 2 Rules Refers to Health & Human Services

04/12/2005 In Senate; Senate Floor Amendment No. 2 Be Adopted Health & Human Services ; 008-000-000

04/13/2005 In Senate; Recalled to Second Reading; Senate Floor Amendment No. 2 Adopted; Rauschenberger; Placed on Calendar Order of 3rd Reading April 14, 2005

04/15/2005 In Senate; Third Reading - Passed; 057-000-000; In House; Arrived in House; In House; Placed on Calendar Order of First Reading; In House; Chief House Sponsor Rep. David R. Leitch; In House; First Reading; In House; Referred to Rules Committee

04/27/2005 In House; Assigned to Human Services Committee

05/04/2005 In House; Do Pass / Short Debate Human Services Committee ; 009-000-000; Added Alternate Chief Co-Sponsor Rep. Patricia R. Bellock

05/05/2005 In House; Placed on Calendar 2nd Reading - Short Debate

05/11/2005 In House; Second Reading - Short Debate; Placed on Calendar Order of 3rd Reading - Short Debate

05/18/2005 In House; Added Alternate Chief Co-Sponsor Rep. Julie Hamos; Added Alternate Chief Co-Sponsor Rep. Aaron Schock; Added Alternate Chief Co-Sponsor Rep. Carolyn H. Krause; Third Reading - Short Debate - Passed 115-000-000; In Senate; Passed Both Houses

06/16/2005 In Senate; Sent to the Governor

08/10/2005 In Senate; Governor Vetoed

10/19/2005 In Senate; Placed Calendar Total Veto October 25, 2005

11/04/2005 In Senate; Total Veto Stands

 

Sponsor Information:

Steven J. Rauschenberger (R-Minority)

 

Sponsor:

Rauschenberger

 

 

 

Maine L.R. 2764

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=ME+L.R.+2764

 

Category:

Medical Records Privacy

 

Last Action:

11/01/2005 REJECTED by Legislative Council.

 

Synopsis:

Preserves patient records.

 

Additional Information:

Not available.

 

Status:

 

10/18/2005 FILED.

11/01/2005 REJECTED by Legislative Council.

 

Sponsor Information:

William J. Smith (D-Majority).

 

Sponsor:

Smith W

 

 


 

Regulatory Report

 

 

FLORIDA

Title: Medical Board Standards for Adequacy of Medical Records

 

Agency: Department of Health - Division of Medical Quality Assurance Boards

 

Summary: This rule provides the purposes for maintaining medical records, defines legible, specifies information to be contained within these records, and distinguishes records when the care is pursuant to court order or part of

an independent medication examination. No Statement of Estimated Regulatory Cost was prepared. Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

 

Summary Comments:

SPECIFIC AUTHORITY: 458.331(1)(m), 459.015(1)(o) FS.

 

LAW IMPLEMENTED: 458.331(1)(m), 459.015(1)(o) FS.

 

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE NEXT AVAILABLE ISSUE OF THE FLORIDA ADMINISTRATIVE WEEKLY.

 

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lucy Gee

 

Agency Contact: Larry McPherson, Executive Director, Medical Quality Assurance, 4052 Bald Cypress Way, Bin #C03, Tallahassee, Florida 32399-3253.

 

Citation: 64B-3.001

 

Status:

09/28/2005 Rule Approved By Agency Head

10/07/2005 Proposed in FAW

 

Comment Deadline: 10/28/2005

 

 

INDIANA

Title: Final Rules

 

Agency: Department of Insurance

 

Summary: Adds 760 IAC 1-71 regarding the costs that can be charged for providing copies of medical records.

 

Summary Comments:

760 IAC 1-71

 

SECTION 1. 760 IAC 1-71 IS ADDED TO READ AS FOLLOWS:

 

Rule 71. Copies of Medical Records

 

760 IAC 1-71-1 Applicability and scope

 

Authority: IC 16-39-9-4

 

Affected: IC 16-39

 

Sec. 1. This rule applies to all providers and medical records companies.

(Department of Insurance; 760 IAC 1-71-1)

 

760 IAC 1-71-2 Definitions

 

Authority: IC 16-39-9-4

 

Affected: IC 16-18-2-295; IC 16-39

 

Sec. 2. The following definitions apply throughout this rule:

 

(1) Medical records company means a company that contracts with providers

to make copies of patient medical records.

 

(2) Provider has the meaning set forth in IC 16-18-2-295.

 

(Department of Insurance; 760 IAC 1-71-2)

 

760 IAC 1-71-3 General requirements

 

Authority: IC 27-15-13-2

 

Affected: IC 27-15-13

 

Sec. 3. (a) A provider or medical records company that receives a request

for a copy of a patient s medical record shall charge not more than the

following:

 

(1) One dollar ($1) per page for the first ten (10) pages.

 

(2) Fifty cents ($.50) per page for pages eleven (11) through fifty (50).

 

(3) Twenty-five cents ($.25) per page for pages fifty-one (51) and higher.

 

(b) The provider or the medical records company may collect a labor fee

not to exceed twenty dollars ($20). If the provider or medical records

company collects a labor fee, the provider or medical records company may

not charge for making and providing copies of the first ten (10) pages of

a medical record.

 

(c) The provider or medical records company may charge the actual costs

of mailing the medical record.

 

(d) The provider or the medical records company may collect an additional

ten dollars ($10) if the request is for copies to be provided within two (2)

working days.

 

(e) The provider or medical records company may collect a charge not to

exceed twenty dollars ($20) for certifying a patient s medical record.

 

(Department of Insurance; 760 IAC 1-71-3)

 

760 IAC 1-71-4 Waiver of charges

 

Authority: IC 16-39-9-4

 

Affected: IC 16-39

 

Sec. 4. A provider or a medical records company shall consider waiving or

reducing the charges for copies of a patient s medical record under the

following situations:

 

(1) A request from a provider:

 

(A) to whom the patient was referred for treatment; or

 

(B) from whom the patient is seeking a second opinion.

 

(2) The patient requested the records for his or her own use, and the

charges will cause an undue financial hardship upon the patient.

 

(Department of Insurance; 760 IAC 1-71-4)

 

Agency Contact: Department of Insurance, 311 West Washington Street, Suite 300 and Legislative Services Agency, One North Capitol, Suite 325, Indianapolis, Indiana

 

Citation: 760 IAC 1-71

 

Status:

03/01/2005 Notice of Intent Published

07/01/2005 Proposed Rule Published

07/22/2005 Public Hearing

09/08/2005 Approved by Attorney General

09/14/2005 Approved by Governor

09/14/2005 Filed with Secretary of State

 

Effective Date: 10/14/2005

 

 

 

NEW YORK

Title: HEALTH PROVIDER NETWORK ACCESS AND REPORTING STATE ID: HLT-27-05-00001

 

Agency: Department of Health

 

Summary: Establishes regulation that requires facilities to establish and maintain health provider (HPN) accounts with the Department of Health, for the purpose of exchanging information with the Department of Health in a rapid efficient manner in times of emergencies or urgent matters.

 

Agency Contact: William Johnson, Department of Health, Division of Legal Affairs, Office of Regulatory Reform, Corning Tower, Rm. 2415, Empire State Plaza, Albany, NY 12237, 518-473-7488, fax: 518-486- 4834, email: regsqna@health.state ny.us

 

Citation: Title 10 NYCRR 400.10, 763.11, 766.9 and 793.1

 

Status: 01/14/2005 No published proposal

01/14/2005 Emergency Rule Adoption

 

 

 

OREGON

Title: GENETIC INFORMATION AND PRIVACY

 

Agency: Department of Human Services/Public Health Division

 

Summary: Amends rules relating to genetic information and privacy. Adds to and modifies existing definitions. Revises guidelines for the use of biological specimens or clinical individually identifiable health information obtained from deceased persons in anonymous or coded genetic research. Establishes a requirement for notification and opt-out provision for anonymous research and coded research using biological specimens or clinical individually identifiable health information. Provides model notification language. Amends existing genetic information and privacy rules to conform to new legislation and federal privacy law.

 

Agency Contact: Christina Hartman, Department of Human Services, Public Health, 800 NE Oregon St, Ste 930, Portland, OR 97232, 971-673-1291

 

Citation: OAR 333-025-0100, -0105, -0110, -0115, -0120, -0135, -0140, -160, -0165

 

Status: 11/01/2005 Proposed Rule

 

Comment Deadline: 11/30/2005

 

 

 

TEXAS

Title: INVESTIGATIONS STATE ID: 30 TEXREG 7134

 

Agency: Board of Medical Examiners

 

Summary: Amends rules regarding investigations. Clarifies the definition of a Complainant. Clarifies that any person who has provided a statement to the board may obtain a copy of that statement. Establishes time for obtaining medical records under normal circumstances at 14 days and requires that evidence of intemperate use of drugs or alcohol be evidence that would lead a reasonable person to believe that the licensee is impaired. Provides a definition of "good cause" for not scheduling an ISC within 180 days, and notice of parties of failure to schedule within statutory time.

 

Agency Contact: Sally Durocher, PO Box 2018, Austin, TX 78768- 2018

 

 

Citation: 22 TAC 9.179.179.2 thru .4, .6

 

Status: 10/24/2005 Proposed Rule

01/14/2005

04/14/2005 Emergency Rule Extension

07/06/2005 Proposed Rule

07/13/2005 Emergency Rule Extension

10/13/2005 Rule Adoption

 

Comment Deadline: 08/20/2005

 

Effective Date: 11/02/2005

 

 


 

New Federal Bills

 

 

United States S. 1909

Category:

Medical Records Privacy

 

Sponsor:

Senator Conrad Burns R-MT

 

Date Introduced:

October 24, 2005

 

Last Action:

10/24/2005 Senate Committee on Finance

 

Status:

 

10/24/2005 Senate Committee on Finance

 

Actions:

Committee Referrals:

10/24/2005 Senate Committee on Finance

 

Synopsis:

A bill to improve the provision of telehealth services under the Medicare Program, to provide grants for the development of telehealth networks, and for other purposes.

 

Full Text:

TITLE I--MEDICARE PROGRAM

SEC. 101. EXPANDING ACCESS TO TELEHEALTH SERVICES TO ALL AREAS.

Section 1834(m)(4)(C)(i) of the Social Security Act (42 U.S.C.

1395m(m)(4)(C)(i)) is amended by striking "and only if such site is located"

and all that follows and inserting "without regard to the geographic area where

the site is located.".

SEC. 102. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES; CLARIFICATION.

(a) Increase. Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.

1395m(m)(4)(C)(ii)) is amended by adding at the end the following new

subclauses:

"(VI) A skilled nursing facility (as defined in section 1819(a)).

"(VII) A renal dialysis facility.

"(VIII) A county mental health clinic or other publicly funded mental health

facility.".

(b) Clarification of Intent of the Term Originating Site. Such section is

further amended by adding at the end the following new paragraph:

"(5) Construction. In applying the term 'originating site' under this

subsection, the Secretary shall apply the term only for the purpose of

determining whether a site is eligible to receive a facility fee. Nothing in

the application of that term under this subsection shall be construed as

affecting the ability of an eligible practitioner to submit claims for

telehealth services that are provided to other sites that have telehealth

systems and capabilities.".

SEC. 103. EXPANSION OF USE OF STORE-AND-FORWARD TECHNOLOGY.

The second sentence of section 1834(m)(1) of the Social Security Act (42

U.S.C. 1395m(m)(1)) is amended to read as follows: "For purposes of the

preceding sentence, in the case of any medicare demonstration program conducted

by the Secretary, any disease management program under this title, or any site

determined appropriate by the Secretary, the term 'telecommunications system'

includes store-and-forward technologies that provide for the asynchronous

transmission of health care information in single or multimedia formats.".

SEC. 104. EXPANSION OF PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH SERVICES.

Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended--

(1) in paragraph (1), by striking "(as defined in section 1861(r)) or a

practitioner (described in section 1842(b)(18)(C))" and inserting "or a

practitioner"; and

(2) by striking paragraph (4)(E) and inserting the following new subparagraph:

"(E) Practitioner. The term 'practitioner' means--

"(i) a practitioner described in section 1842(b)(18)(C);

"(ii) a physical therapist (as described in section 1861(p));

"(iii) an occupational therapist (as so described);

"(iv) a qualified speech-language pathologist (as defined in section

1861(ll)(3)(A));

"(v) a certified provider (as described in section 1861(qq)(2)(A)); and

"(vi) any other individual or entity determined appropriate by the Secretary.".

SEC. 105. EXPANSION OF COVERED TELEHEALTH SERVICES.

Section 1834(m)(4)(F)(i) of the Social Security Act (42 U.S.C.

1395m(m)(4)(F)(i)) is amended to read as follows:

"(i) In general. The term 'telehealth service' means--

"(I) any professional service (identified as of July 1, 2000, by HCPCS codes

approved for face-to-face care, and as subsequently modified by the Secretary);

and

"(II) any additional service specified by the Secretary.".

SEC. 106. FACILITATING THE PROVISION OF TELEHEALTH SERVICES ACROSS STATE LINES.

(a) In General. For purposes of expediting the provision of telehealth

services, for which payment is made under the medicare program, across State

lines, the Secretary of Health and Human Services shall, in consultation with

representatives of States, physicians, health care practitioners, and patient

advocates, encourage and facilitate the adoption of provisions allowing for

multistate practitioner licensure across State lines.

(b) Definitions. In subsection (a):

(1) Telehealth service. The term "telehealth service" has the meaning given

that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act

(42 U.S.C. 1395m(m)(4)), as amended by this title.

(2) Physician, practitioner. The terms "physician" and "practitioner" have the

meaning given those terms in subparagraphs (D) and (E), respectively, of such

section, as so amended.

(3) Medicare program. The term "medicare program" means the program of health

insurance administered by the Secretary of Health and Human Services under

title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

SEC. 107. EFFECTIVE DATE.

The amendments made by sections 101 through 105 shall apply to services

furnished on or after the date that is 90 days after the date of enactment of

this Act.

TITLE II--HRSA GRANT PROGRAM

SEC. 201. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS.

(a) In General. The Secretary of Health and Human Services (in this section

referred to as the "Secretary"), acting through the Director of the Office for

the Advancement of Telehealth (of the Health Resources and Services

Administration), shall make grants to eligible entities (as described in

subsection (b)(2)) for the purpose of expanding access to health care services

for individuals in rural areas, frontier areas, and urban medically underserved

areas through the use of telehealth.

(b) Eligible Entities.

(1) Application. To be eligible to receive a grant under this section, an

eligible entity described in paragraph (2) shall, in consultation with the

State office of rural health or other appropriate State entity, prepare and

submit to the Secretary an application, at such time, in such manner, and

containing such information as the Secretary may require, including the

following:

(A) A description of the anticipated need for the grant.

(B) A description of the activities which the entity intends to carry out

using amounts provided under the grant.

(C) A plan for continuing the project after Federal support under this section

is ended.

(D) A description of the manner in which the activities funded under the grant

will meet health care needs of underserved rural populations within the State.

(E) A description of how the local community or region to be served by the

network or proposed network will be involved in the development and ongoing

operations of the network.

(F) The source and amount of non-Federal funds the entity would pledge for the

project.

(G) A showing of the long-term viability of the project and evidence of health

care provider commitment to the network.

The application should demonstrate the manner in which the project will

promote the integration of telehealth in the community so as to avoid

redundancy of technology and achieve economies of scale.

(2) Eligible entities. An eligible entity described in this paragraph is a

hospital or other health care provider in a health care network of

community-based health care providers that includes at least two of the

organizations described in subparagraph (A) and one of the institutions and

entities described in subparagraph (B) if the institution or entity is able to

demonstrate use of the network for purposes of education or economic

development (as required by the Secretary).

(A) The organizations described in this subparagraph are the following:

(i) Community or migrant health centers.

(ii) Local health departments.

(iii) Nonprofit hospitals.

(iv) Private practice health professionals, including community and rural

health clinics.

(v) Other publicly funded health or social services agencies.

(vi) Skilled nursing facilities.

 

(vii) County mental health and other publicly funded mental health facilities.

(viii) Providers of home health services.

(ix) Renal dialysis facilities.

(B) The institutions and entities described in this subparagraph are the

following:

(i) A public school.

(ii) A public library.

(iii) A university or college.

(iv) A local government entity.

(v) A local health entity.

(vi) A health-related nonprofit foundation.

(vii) An academic health center.

An eligible entity may include for-profit entities so long as the recipient of

the grant is a not-for-profit entity.

(c) Preference. The Secretary shall establish procedures to prioritize

financial assistance under this section based upon the following considerations:

(1) The applicant is a health care provider in a health care network or a

health care provider that proposes to form such a network that furnishes or

proposes to furnish services in a medically underserved area, health

professional shortage area, or mental health professional shortage area.

(2) The applicant is able to demonstrate broad geographic coverage in the

rural or medically underserved areas of the State, or States, in which the

applicant is located.

(3) The applicant proposes to use Federal funds to develop plans for, or to

establish, telehealth systems that will link rural hospitals and rural health

care providers to other hospitals, health care providers, and patients.

(4) The applicant will use the amounts provided for a range of health care

applications and to promote greater efficiency in the use of health care

resources.

(5) The applicant is able to demonstrate the long-term viability of projects

through cost participation (cash or in kind).

(6) The applicant is able to demonstrate financial, institutional, and

community support for the long-term viability of the network.

(7) The applicant is able to provide a detailed plan for coordinating system

use by eligible entities so that health care services are given a priority over

non-clinical uses.

(d) Maximum Amount of Assistance to Individual Recipients. The Secretary shall

establish, by regulation, the terms and conditions of the grant and the maximum

amount of a grant award to be made available to an individual recipient for

each fiscal year under this section. The Secretary shall cause to have

published in the Federal Register or the "HRSA Preview" notice of the terms and

conditions of a grant under this section and the maximum amount of such a grant

for a fiscal year.

(e) Use of Amounts. The recipient of a grant under this section may use sums

received under such grant for the acquisition of telehealth equipment and

modifications or improvements of telecommunications facilities including the

following:

(1) The development and acquisition through lease or purchase of computer

hardware and software, audio and video equipment, computer network equipment,

interactive equipment, data terminal equipment, and other facilities and

equipment that would further the purposes of this section.

 

(2) The provision of technical assistance and instruction for the development

and use of such programming equipment or facilities.

(3) The development and acquisition of instructional programming.

(4) Demonstration projects for teaching or training medical students,

residents, and other health profession students in rural or medically

underserved training sites about the application of telehealth.

(5) The provision of telenursing services designed to enhance care

coordination and promote patient self-management skills.

(6) The provision of services designed to promote patient understanding and

adherence to national guidelines for common chronic diseases, such as

congestive heart failure or diabetes.

(7) Transmission costs, maintenance of equipment, and compensation of

specialists and referring health care providers, when no other form of

reimbursement is available.

(8) Development of projects to use telehealth to facilitate collaboration

between health care providers.

(9) Electronic archival of patient records.

(10) Collection and analysis of usage statistics and data that can be used to

document the cost-effectiveness of the telehealth services.

(11) Such other uses that are consistent with achieving the purposes of this

section as approved by the Secretary.

(f) Prohibited Uses. Sums received under a grant under this section may not be

used for any of the following:

(1) To acquire real property.

(2) To purchase or lease equipment to the extent the expenditures would exceed

more than 40 percent of the total grant funds.

(3) To purchase or install transmission equipment off the premises of the

telehealth site and any transmission costs not directly related to the grant.

(4) For construction, except that such funds may be expended for minor

renovations relating to the installation of equipment.

(5) Expenditures for indirect costs (as determined by the Secretary) to the

extent the expenditures would exceed more than 15 percent of the total grant.

(g) Administration.

(1) Nonduplication. The Secretary shall ensure that facilities constructed

using grants provided under this section do not duplicate adequately

established telehealth networks.

(2) Coordination with other agencies. The Secretary shall coordinate, to the

extent practicable, with other Federal and State agencies and not-for-profit

organizations operating similar grant programs to pool resources for funding

meritorious proposals.

(3) Informational efforts. The Secretary shall establish and implement

procedures to carry out outreach activities to advise potential end users

located in rural and medically underserved areas of each State about the

program authorized by this section.

(h) Prompt Implementation. The Secretary shall take such actions as are

necessary to carry out the grant program as expeditiously as possible.

(i) Authorization of Appropriations. There are authorized to be appropriated

to carry out this section $10,000,000 for fiscal year 2006, and such sums as

may be necessary for each of the fiscal years 2007 through 2012.

SEC. 202. REAUTHORIZATION OF TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS

GRANT PROGRAMS.

Subsection (s) of section 330I of the Public Health Service Act (42 U.S.C.

254c-14) is amended--

(1) in paragraph (1)--

(A) by striking "and" before "such sums"; and

(B) by inserting ", $10,000,000 for fiscal year 2007, and such sums as may be

necessary for each of fiscal years 2008 through 2012" before the semicolon at

the end; and

(2) in paragraph (2)--

(A) by striking "and" before "such sums"; and

(B) by inserting ", $10,000,000 for fiscal year 2007, and such sums as may be

necessary for each of fiscal years 2008 through 2012" before the period at the

end.