Monday, August 14, 2006

California Health IT Legislation in Progress

This information was compiled by the eHealth Initiative. More information is available on their web site.

SB 1338: Requires the California Health and Human Services Agency and the California Department of Managed Care to establish and operate the California Health Care Infrastructure Program, to improve the quality of health care in California and to reduce the cost of health care through the advancement of HIT. The agency shall develop a strategic plan, which includes the establishment of incentives and standards that foster the adoption and use of electronic health reocrds by health care providers and consumers in the state, and the integration of personal health records for all residents of the state.

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1338&sess=CUR&house=B&author=alquist

SB 1672: Requires the California Health Facilities Financing Authority to establish a low-interest loan program to provide any participating health institution, eligible health provider organization, or eligible licensed physician or surgeon, with financing for the costs of purchasing a health care information technology system.

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1672&sess=CUR&house=B&author=maldonado

SB 1272: This bill would require the Secretary of the State to establish an electronic recording delivery system, as defined, to provide access to advance health care directive records to health care providers and the individuals to whom the records pertain or to an authorized person, as specified. The bill would require the system to be periodically audited by a computer security auditor, and would require any person with secure access to the system to be fingerprinted and to undergo a criminal background check, to be conducted in conjunction with the Departemnt of Justice. The bill would require the Secretary to report to the Legislature by June 30, 2011.

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1272&sess=CUR&house=B&author=bowen

AB 1956: This bill is known as the "Real-Time Disease Detection, Mapping, and Rapid Response Act" and would make certain findings and declarations with respect to the reporting of information regarding communicable diseases. The bill would establish a two year pilot program in eight consenting counties to test the cost-effectiveness of a clinician-driven, Web-based syndrome reporting and mapping system. It would require the department by February 1, 2008 to select at least three competing systems that meet various requirements, in order to provide specified services in the pilot counties. The pilot program would be funded soley with specified federal funds and would prohibit the program from being implemented if inconsistent with specified federal guidelines.

http://www.leginfo.ca.gov/pub/bill/asm/ab_1951-2000/ab_1956_bill_20060614_amended_sen.html
AB 312: This bill would require any subpoenaing party or his or her representative causing a subpoena duces tecum to be issued or served on a medical provider for the release of a patient's medical records in a criminal proceeding to, among other things, receive valid authorization from, or provide notice to, the patient or the patient's legal representative prior to the release of those records and provide notice to the prosecutor. The bill would exempt any law enforcement agency or prosecuting attorney from those provisions the court, if it determines that the defendant is entitled to receive any or all of the subpoenaed documents, to issue any protective order deemed necessary to protect the privacy of the person who is the subject of the subpoena for books, papers, documents, records, or copies thereof.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0301-0350/ab_312_bill_20050614_status.html
AB 354: 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, until January 1, 2009, add asynchronous store and forward teledermatology and teleophthalmology to the definition of telemedicine, and would limit the practice of those services to board certified dermatologists and ophthalmologists, respectively. 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 as a Medi-Cal benefit. Because this bill would create new requirements relative to telemedicine, the violation of which would be a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0351-0400/ab_354_bill_20050613_status.html
AB 800: Existing law provides for access by a patient to his or her health records and requires that a patient’s clinical laboratory test results be conveyed in plain language and in oral, written, or electronic form. This bill would require all health facilities and all primary care clinics to include a patient’s principal spoken language on the patient’s health records, with certain exception.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0751-0800/ab_800_bill_20050609_status.html
AB 1388: Existing law establishes the California Teleconnect Fund Administrative Committee Fund in the State Treasury, and provides that moneys in the fund, collected by telephone corporations in utility rates authorized by the commission and deposited into the fund, may only be expended for the purposes authorized, upon appropriation in the annual Budget Act. This bill would authorize the commission to establish, until January 1, 2013, a Community Based Supplemental Education Demonstration Grant Program and a Telemedicine Demonstration Grant Program
http://www.leginfo.ca.gov/pub/bill/asm/ab_1351-1400/ab_1388_bill_20050610_status.html
AB 1676: 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, advanced advance health care directives, and registering the advanced advance health care directives at the registry. It would also require that links to this information and the registry be available on the Secretary of State's Web site 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 .
http://www.leginfo.ca.gov/pub/bill/asm/ab_1651-1700/ab_1676_bill_20050610_status.html
SB 1782 (2003): Existing law provides special procedures to protect the privacy of patient information and other privileged materials in the context of a search of a physician's records, when the physician is not reasonably suspected of involvement in criminal activity relating to those records. This bill would specify that the investigation protocol shall be designed to facilitate the timely return of medical records to a physician, as specified.
http://www.leginfo.ca.gov/pub/03-04//bill/sen/sb_1751-1800/sb_1782_bill_20040929_history.html
AB 2876 (2003): The bill would require that all disclosures of a Hospital Discharge Abstract Data Record, an Emergency Care Data Record, and an Ambulatory Surgery Data Record, be consistent with federal regulations regarding the privacy of health information. However, the bill would prohibit any disclosure if the director of the office has determined that the disclosure would create an unreasonable risk to patient privacy, and would require the director to provide a written explanation of the determination to the requester within 60 days.
http://www.leginfo.ca.gov/pub/03-04//bill/asm/ab_2851-2900/ab_2876_bill_20040909_history.html
SB 1492 (2003): This bill would prohibit a health care business, as defined, from transmitting individually identifiable health information, as defined, to a site outside the United States, unless specified notice and authorization requirements are satisfied. The bill would also prohibit a health care business from discriminating against an individual or denying an individual health care service because the individual has not consented to the transfer.
http://www.leginfo.ca.gov/pub/03-04//bill/sen/sb_1451-1500/sb_1492_bill_20041130_history.html
SB 1341 (2003): 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 add asynchronous store and forward teledermatology and teleophthalmology to the definition of telemedicine, and would limit the practice of those services to board certified dermatologists and ophthalmologists, respectively.
http://www.leginfo.ca.gov/pub/03-04//bill/sen/sb_1301-1350/sb_1341_bill_20041130_history.html
SB 1103 (2003): This bill would provide for imprisonment, fines as prescribed, or both, for the knowing breach of confidentiality, including if the breach was made under false pretenses or committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, of an individual tested under the hereditary disorders program act. By creating a new crime, the bill would impose a state-mandated local program.
http://www.leginfo.ca.gov/pub/03-04//bill/sen/sb_1101-1150/sb_1103_bill_20040816_history.html
AB 1517: This bill would require the Department of Managed Health Care to require fingerprint images and associated information from any prospective employee whose duties would include access to confidential medical information. This bill would require that any services contract or interagency agreement that may include review of medical records for compliance with the Knox-Keene Health Care Service Plan Act of 1975 and entered into, renewed, or amended after January 1, 2006, include a provision requiring the contractor to agree to permit the department to run criminal background checks on its employees, contractors, agents, or subcontractors who will have access to these records this information.
http://www.leginfo.ca.gov/pub/bill/asm/ab_1501-1550/ab_1517_bill_20050714_status.html

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