BILL ANALYSIS Ó AB 2253 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2253 (Pan) As Amended August 24, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |73-1 |(May 14, 2012) |SENATE: |33-0 |(August 29, | | | | | | |2012) | ----------------------------------------------------------------- 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