BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2253|
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                                 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 
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          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)


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          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


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          RJG:m  8/27/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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