BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2253
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2253 (Pan)
          As Amended August 24, 2012
          Majority vote
           
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          |ASSEMBLY:  |73-1 |(May 14, 2012)  |SENATE: |33-0 |(August 29,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    HEALTH  

           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 the disclosure, the health care 
          professional deems the disclosure as appropriate, and the health 
          care professional has first discussed the results with the 
          patient.

           The Senate amendments:  

          1)Provide that the telephone shall not be considered an 
            electronic form of disclosing laboratory test results subject 
            to the limits on electronic disclosure of test results for 
            purposes of this bill.

          2)Clarify that the discussion required of a health care 
            professional prior to the release of test results may be done 
            in person, by telephone, or by any other means of oral 
            communication.

          3)Provide that the disclosure of HIV-related test and health 
            information pursuant to this bill shall not be used for the 
            determination of insurability or suitability for employment, 
            as specified.

          4)Make other technical, clarifying and conforming changes, 
            including replacing the term convey with disclose.

           AS PASSED BY THE ASSEMBLY  , this bill authorized the conveyance 
          of clinical laboratory test results relating to HIV antibody 








                                                                  AB 2253
                                                                  Page  2

          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.  

           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 electronic health record (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: 0005657