BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2253| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2253 Author: Pan (D) Amended: 8/24/12 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 7/3/12 AYES: Evans, Harman, Blakeslee, Corbett, Leno ASSEMBLY FLOOR : 73-1, 5/14/12 - See last page for vote SUBJECT : Clinical laboratory test results: electronic conveyance SOURCE : Author DIGEST : This bill authorizes the electronic conveyance of clinical laboratory test results related to HIV antibodies, hepatitis, drug abuse, and specified test results that reveal a malignancy, if requested by the patient, and the health care professional deems electronic conveyance the most appropriate method of disclosure, and the professional has already discussed the results with the patient. Senate Floor Amendments of 8/24/12 provide that communication over the telephone is not an electronic disclosure for the purposes of the bill. Senate Floor Amendments of 8/23/12 clarify that oral communications over the telephone are not considered an CONTINUED AB 2253 Page 2 electronic disclosure, and make other technical changes. ANALYSIS : Existing law authorizes the results of a clinical laboratory test performed at the request of a health care professional to be conveyed to the patient in electronic form if requested by the patient and if deemed most appropriate by the health care professional, except that existing law prohibits the conveyance by Internet posting or other electronic means of test results relating to HIV antibodies, the presence of hepatitis antigens, and the abuse of drugs, and specified test results that reveal a malignancy. This bill revises these provisions to refer to the disclosure of test results and authorizes the disclosure by Internet posting or other electronic means of clinical laboratory test results related to HIV antibodies, the presence of hepatitis antigens, and the abuse of drugs, and specified test results that reveal a malignancy if requested by the patient, the means of conveyance is deemed appropriate by the health care professional, and a health care professional has already discussed the results with the patient. This bill specifies that notwithstanding any other provision of law, a health care professional at whose request a test is performed shall provide or arrange for the provision of the results of a clinical laboratory test to the patient who is the subject of the test if so requested by the patient, in oral or written form. The results shall be disclosed in plain language and in oral or written form, except the results may be disclosed in electronic form if requested by the patient and if deemed most appropriate by the health care professional who requested the test. The telephone shall not be considered an electronic form of disclosing laboratory results subject to the limits on electronic disclosure of test results for the purpose of this section. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/24/12) CONTINUED AB 2253 Page 3 California Society of Pathologists Center for Democracy and Technology Quest Diagnostics Incorporated ARGUMENTS IN SUPPORT : According to the author, "This bill promotes the expansion of health information exchange and electronic health records, as well as, furthering the participation of patients in their own medical decision making. As the federal government has moved to implement health information exchange and technology with the goal of expanding electronic health records, California has been identified as one of a number of states with state laws that present barriers to the expansion of health information exchange. Particularly, existing state law prohibits the conveyance of HIV, hepatitis, abuse of drugs, and pathology test results electronically. The explicit prohibition against conveyance of test results to patients on the specified test creates a special class of information that exceeds the Health Insurance Portability and Accountability Act (HIPAA) privacy standards regulating all other types of personal health information. 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." ASSEMBLY FLOOR : 73-1, 5/14/12 AYES: Achadjian, Alejo, Allen, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, Williams, Yamada, John A. Pérez NOES: Ammiano NO VOTE RECORDED: Atkins, Butler, Fletcher, Perea, Valadao, Wieckowski CONTINUED AB 2253 Page 4 RJG:m 8/27/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED