BILL ANALYSIS Ó
AB 2253
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ASSEMBLY THIRD READING
AB 2253 (Pan)
As Introduced February 24, 2012
Majority vote
HEALTH 18-1
--------------------------------
|Ayes:|Monning, Logue, Atkins, |
| |Bonilla, Eng, Garrick, |
| |Gordon, Hayashi, Roger |
| |Hernández, Bonnie |
| |Lowenthal, |
| |Mansoor, Mitchell, |
| |Nestande, Pan, |
| |V. Manuel Pérez, Silva, |
| |Smyth, Williams |
| | |
|-----+--------------------------|
|Nays:|Ammiano |
| | |
--------------------------------
SUMMARY : Authorizes the conveyance of clinical laboratory test
results relating to human immunodeficiency virus (HIV) antibody
test, presence of antigens indicating a hepatitis infection,
abusing the use of drugs, or test results related to routinely
processed tissues that reveal malignancy, as specified, by
Internet posting or other electronic means to a patient where
the patient requests a conveyance, the health care professional
deems the conveyance as the most appropriate means, and a health
care professional has first discussed the results with the
patient.
EXISTING LAW :
1)Provides that a patient authorized by law to consent to
medical treatment, and any patient representative, shall be
entitled to inspect patient records upon presenting to the
health care provider a written request for the records, and
upon payment of reasonable costs, as specified. Provides that
a health care provider must permit the inspection during
business hours within five working days after receipt of the
written request. States that the costs of copying shall not
exceed $0.25 per page or $0.50 per page for records that are
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copied from microfilm and any additional reasonable clerical
costs, as specified.
2)Requires a health care professional at whose request a test is
performed to provide or arrange for the provisions of the
results of a clinical laboratory test to the patient who is
the subject of the test if requested by the patient, in plain
language in oral or written form. Authorizes the results to
be conveyed in electronic form if requested by the patient and
if deemed most appropriate by the health care professional who
requested the test.
3)Requires that the consent of the patient to receive his or her
laboratory results by Internet posting or other electronic
means to be obtained in a manner consistent with specified
requirements.
4)Provides that if a health care professional arranges for the
provision of test results by Internet posting or other
electronic manner, the results shall be delivered to a patient
in a reasonable time period, but only after the results have
been reviewed by the health care professional. States that
access to clinical laboratory test results shall be restricted
by the use of a secure personal identification number when the
results are delivered to a patient by Internet posting or
other electronic manner.
5)Indicates that the test results to be reported to the patient
must be recorded in the patient's medical record, and must be
reported to the patient within a reasonable time period after
the test results are received at the offices of the health
care professional who requested the test.
6)Prohibits the conveyance to a patient by Internet posting or
other electronic means for the following clinical laboratory
test results: HIV antibody test, presence of antigens
indicating hepatitis infection, abusing the use of drugs, or
test results related to routinely processed tissues, including
skin biopsies, Pap smear tests, products of conception, and
bone marrow aspirations for morphological evaluation, if they
reveal a malignancy.
7)States that patient identifiable test results and health
information shall not be used for any commercial purpose
without the consent of the patient, as specified.
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8)Defines health care provider to include a licensed health
facility, clinic, home health agency, physician and surgeon,
podiatrist, dentist, and optometrist.
9)Specifies that an electronic health record (EHR) system or
electronic medical record (EMR) system shall: a) protect and
preserve the integrity of medical information; b)
automatically record and preserve any change or deletion of
any electronically stored medical information, as specified;
and, c) a patient's right to access or receive a copy of his
or her EMR upon request shall be consistent with applicable
state and federal laws governing patient access to, and the
use and disclosure of, medical information.
FISCAL EFFECT : None
COMMENTS : The author is the sponsor of this measure. According
to the author, this bill is necessary to remove barriers for
patients in accessing laboratory test results relating to HIV,
hepatitis, abuse of drugs, and certain processed tissues,
through an Internet posting or other electronic format. Federal
regulators are easing the requirements for patients to directly
access their clinical laboratory results, and California's
prohibition on access to these specific laboratory results is
hindering the widespread use of EHR. Additionally, the federal
stimulus program, the American Recovery and Reinvestment Act of
2009 (ARRA), signed by President Obama in 2009 is offering
incentive payments to eligible professionals and hospitals that
implement meaningful use of EHRs. This bill would assist
eligible professionals and hospitals to qualify for these
incentive payments while allowing patients to take an active
role in their health care.
Analysis Prepared by : Rosielyn Pulmano / HEALTH / (916)
319-2097
FN: 0003546
AB 2253
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