Bill
Number: S.B. 1442
Barto Floor Amendment
Reference to: printed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
· Clarifies when health records and information can be shared and to whom the information can be shared, aligning the requirements with federal HIPAA guidelines.
Second Regular Session S.B. 1442
BARTO FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1442
(Reference to printed bill)
Page 1, line 4, after "immunity" insert "; definition"
Line 26, strike "friends"
Strike line 27
Strike line 44
Page 2, strike lines 1 and 2, insert "other relatives, close personal friends or any other person identified by the patient, as otherwise authorized or required by state or federal law, including the health insurance portability and accountability act of 1996 privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or pursuant to one of the following:
(a) If the patient is present or otherwise available and has the capacity to make health care decisions, the health care entity may disclose the information if one of the following applies:
(i) The patient agrees verbally or agrees in writing by signing a consent form that permits disclosure.
(ii) The patient is given an opportunity to object and does not express an objection.
(iii) The health care entity reasonably infers from the circumstances, based on the exercise of professional judgment, that the patient does not object to the disclosure.
(b) If the patient is not present or the opportunity to agree or object to the disclosure of information cannot practicably be provided because of the patient's incapacity or an emergency circumstance, the health care entity may disclose the information if the entity determines that the disclosure of the information is in the best interests of the patient. In determining whether the disclosure of information is in the best interests of the patient, in addition to all other relevant factors, the health care entity shall consider all of the following:
(i) The patient's medical and treatment history, including the patient's history of compliance or noncompliance with an established treatment plan based on information in the patient's medical record and on reliable and relevant information received from the patient's family members, friends or others involved in the patient's care, treatment or supervision.
(ii) Whether the information is necessary or, based on professional judgment, would be useful in assisting the patient in complying with the care, treatment or supervision prescribed in the patient's treatment plan.
(iii) Whether the health care entity has reasonable grounds to believe that the release of the information may subject the patient to domestic violence, abuse or endangerment by family members, friends or other persons involved in the patient's care, treatment or supervision.
(c) The health care entity believes the patient presents a serious and imminent threat to the health or safety of the patient or others, and the health care entity believes that family members, friends or others involved in the patient's care, treatment or supervision can help to prevent the threat.
(d) In order for the health care entity to notify a family member, friend or other person involved in the patient's care, treatment or supervision of the patient's location, general condition or death."
Page 2, lines 22 and 23, strike "pursuant to section 36‑507"
Page 3, strike lines 4 through 45
Page 4, strike lines 1 and 2
Line 3, strike "6. A health care provider or" insert:
"B. information disclosed pursuant to subsection A, paragraph 7 of this section may include only information that is directly relevant to the person's involvement with the patient's health care or payment related to the patient's health care. Subsection A, paragraph 7 of this section does not prevent a health care entity from obtaining or receiving information about the patient from a family member, friend or other person involved in the patient's care, treatment or supervision. A"
Page 4, line 5, after "released" insert "pursuant to subsection A, paragraph 7 of this section"
Strike lines 6 through 9, insert "A decision to release or withhold information pursuant subsection A, paragraph 7 of this section is subject to review PURSUANT TO section 36‑517.01."
After line 28, insert:
"F. For the purposes of this section, "information" means records and the information contained in records."
Amend title to conform