Original Content (c) MultiState Associates Inc.

 

 

Association of Health Information Outsourcing Services

12/23/2005 - 12/28/2005

 

Movement Legislative Entries

 

 

Wisconsin A.B. 33

 

Full Text Link:

http://www.multistate.com/SMART.nsf/billdetail?openform&billid=WI+A.B.+33

 

Category:

Medical Records Privacy

 

Last Action:

12/20/2005 In Assembly; Assembly amendment 1 offered by Representative Wasserman

 

Synopsis:

Relates to an exception to confidentiality requirements for treatment records.

 

Additional Information:

Digest as Introduced on January 25, 2005:

 

Under current law, with numerous exceptions, the treatment records of an individual who is treated for mental illness, developmental disabilities, alcoholism, or drug dependence must remain confidential, are privileged to the individual, and may be released only with the individual's informed written consent. One of the exceptions to these confidentiality requirements permits the release of information contained in a treatment record as to whether or not an individual is a patient at an inpatient facility; and the information may be released to the individual's parents, children, or spouse, to a law enforcement officer who is seeking to determine if the individual is on unauthorized absence from the facility, and to mental health professionals who are providing treatment to the individual.

 

This bill changes that exception to require that notice be provided as to whether or not an individual is a patient at an inpatient facility and, if no longer a patient, the facility to which the individual was transferred or other place, if known, at which the individual is located. This information must be released to the individual's siblings, as well as the individual's parents, children, or spouse, or to a law enforcement officer or mental health professional. However, the bill prohibits the release of the information to the individual's parents, children, siblings, or spouse if the individual has specifically named the person and has requested that the information be withheld from him or her.

 

Status:

01/25/2005 In Assembly; Introduced; cosponsored; Read first time and referred to committee on Health

02/10/2005 In Assembly; Fiscal estimate received .

09/13/2005 In Assembly; Public hearing held.

11/22/2005 In Assembly; Executive action taken.

12/09/2005 In Assembly; Report passage recommended by committee on Health; Referred to committee on Rules

12/20/2005 In Assembly; Assembly amendment 1 offered by Representative Wasserman

 

Sponsor Information:

Sheldon A. Wasserman (D-Minority)

 

Sponsor:

Wasserman

 

 


 

Regulatory Report

 

 

Alaska

Title:

DISEASE CONTROL

 

 

Agency:

Department of Health and Social Services

 

 

Summary:

Amends rules to the Department of Health and Social Services. Interprets and makes specific the changes to state public health programs and authorities established in legislation. Addresses requirements for disease reporting, the control of communicable diseases and other conditions of public health importance including animal diseases transmissible to humans, informal review of medical orders confidentiality safeguards for identifiable health information contained in public health records, and the care and transportation of human remains.

 

Summary Comments:

A new Article 12 is proposed:

Article 12. Confidentiality, Authorized Uses, and Security Standards

7 AAC 27.890 is repealed and readopted to read:

7 AAC 27.890. Confidentiality of required reports and medical records;

Applicability. (a) Any report to the division required under this chapter and

all information received by the department while exercising its authority set

out in AS 18.05 or AS 18.15 are considered medically related public health

records for purposes of AS 40.25.120(a)(3) and are not public information

subject to the public records requirements of AS 40.25.110.

(b) All reports, information, and medically related public health records

acquired by the department while exercising its authority set out in AS 18.05

or AS 18.15 are subject to the confidentiality and privacy safeguards set out

at 7 AAC 27.890 - 7 AAC 27.899. (Eff. 1/19/96, Register 137; am __/__/__,

Register ___)

Authority: AS 18.05.040 AS 18.15.355 AS 18.15.360 AS 18.15.362

 

Agency Contact:

Patricia nault, Health Program Manager, Division of Public

Health, Department of Health and Social Services, PO Box 110610, Juneau, AK

99811-0610, 907-465-3090, PatriciaNault@health.state.ak.us

 

 

Citation:

7 AAC 27.005 thru 35.130 (Non Seq)

 

 

Status:

 

12/21/2005 Proposed Rule

 

Comment Deadline:

02/07/2006

 

 

 

Georgia

Title:

Medical and Hospital Fee Schedule

 

Agency:

State Board of Workers' Compensation

 

Summary:

Medical Records Copy Costs

 

Summary Comments:

The following amendment is made to The Georgia Workers' Compensation Medical Fee Schedule of April 1, 2005 and July 1, 2005 Hospital Fee Schedule, adopted by the State Board of Workers' Compensation and will be effective November 15, 2005.

 

SECTION IV: General Reimbursement Requirements

 

MEDICAL RECORDS

 

The medical provider's medical record is the basis for determining medical necessity and for substantiating the services rendered; therefore, the medical record must be legible and should include the following: office notes and/or surgical notes, progress notes, operative notes, diagnostic test results, and any other information necessary to support the services rendered. All bills must be submitted using CPT, ICD-9-CM, or DRG codes on a Board Form WC-20(a), CMS-1500, or a Uniform Billing 92 (UB-92). These forms must be properly filled out, with attached documentation, at no charge to the party responsible for payment.

 

Failure to submit supporting documentation and forms required by the Board might jeopardize or delay payment. Medical providers are only required to submit the complete set of documentation once. If documentation is incomplete, the medical provider is required to submit the missing information. After the complete documentation has been submitted to the payer once, the medical provider can charge for additional copies in accordance with costs defined below.

 

Services provided pursuant to the Workers' Compensation Act are not confidential from the employer/insurer that, by law, is responsible for payment of medical services.

 

Generally, costs for copies of medical records and bills will be charged against the party responsible for payment of medical expenses.

 

The injured employee, upon request of the employer/insurer, shall furnish copies of all medical records and reports in his/her possession. See Board Rule 200(f)(1). The employer/insurer shall, upon the request of the injured employee, furnish copies of all medical reports in their possession. See Board Rule 200(f)(2). However, any party or attorney who request copies of medical records or bills directly from a medical provider shall be responsible for payment.

 

Cost for copying medical records under a workers' compensation claim shall be billed at twenty-cents ($0.20) per page, with a minimum charge of twenty-five dollars ($25.00), sales tax (if applicable), and actual cost for postage to mail the documents. Providers who use a medical records company to make and provide copies of medical records must ensure that reimbursement requirements are followed in accordance to the above fee schedule guidelines. X-ray copy charges will be billed at $9.50 per copy.

 

Agency Contact:

270 Peachtree Street, NW Atlanta, GA 30303-1299.

(404) 656-3875.

www.sbwc.georgia.gov

 

Status:

04/01/2005 Medical Fee Schedule

07/01/2005 Hospital Fee Schedule

11/15/2005 Effective

 

Effective Date:

11/15/2005

 

 

 

Maryland

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.

 

Summary Comments:

.07 Payment Procedures.

 

H. The provider may not bill the Department [A> or the recipient <A] for:

(6) Photocopying of medical records [A> when requested by another licensed

provider on behalf of the recipient <A] .

 

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

12/01/2005 Rule Adoption

 

Effective Date:

01/02/2006

 

 

 

Tennessee

Title:

MEDICAL COST CONTAINMENT PROGRAM

 

 

Agency:

Department of Labor and Workforce Development/Division of Workers'

Compensation

 

 

Summary:

New rules concerning the Medical Cost Containment Program. Establishes a comprehensive medical fee schedule and a related system which includes, but is not limited to, procedures for review of charges, enforcement procedures and appeal hearings, to implement a fee schedule. Establishes the maximum allowable fees for health care services falling within the purview of the Workers' Compensation Act.

 

Summary Comments:

0800-2-17-.24 PROVIDER AND FACILITY FEES FOR COPIES OF MEDICAL RECORDS

(1) Health care providers and facilities are entitled to recover a reasonable

amount to cover the cost of copying documents requested by the carrier,

self-insured employer, employee, attorneys, etc. Documentation which is

submitted by the provider and/or facility, but was not specifically requested by

the carrier, shall not be allowed a copy charge.

(2) Health care providers and facilities must furnish an injured employee or the

employee's attorney and carriers/self-insureds or their legal representatives

copies of records and reports upon request. The maximum charge allowed shall be

the same as that set out in T.C.A. Section 50-6-204, as amended.

(3) Health care providers and facilities may charge the actual direct cost of

copying x-rays, microfilm or other non-paper records.

(4) The copying charge shall be paid by the party who requests the records.

(5) An itemized invoice shall accompany the copy.

Authority: T.C.A. Sections 50-6-204, 50-6-205 (Supp. 2004), 50-6-233 (Repl.

1999).

 

Agency Contact:

Vickie Gregory, Administrative Secretary, Department of Labor

and Workforce Development, Division of Workers' Compensation, Andrew Johnson

Tower, Second Fl, 710 James Robertson Pkwy, Nashville, TN 37243-0661,

615-253-1613

 

 

Citation:

TAC 0800-2-17-.01 thru .25

 

Status:

05/09/2005 Proposed Rule in Lieu of Rulemaking Hearing

07/15/2005 COMMENT DEADLINE

06/15/2005 Public Necessity Rule

06/15/2005 EFFECTIVE DATE

11/27/2005 EXPIRATION DATE

11/27/2005 Public Necessity Rule

11/27/2005 EFFECTIVE DATE

 

Comment Deadline:

07/15/2005

06/15/2005 Public Necessity Rule

 

Adoption Date:

06/15/2005

 

Effective Date:

11/27/2005