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
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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