California Senate Bill SB850 Amended / Bill

 BILL NUMBER: SB 850AMENDED BILL TEXT AMENDED IN SENATE MAY 2, 2011 INTRODUCED BY Senator Leno FEBRUARY 18, 2011 An act to amend Section 56.101 of the Civil Code, relating to medical records. LEGISLATIVE COUNSEL'S DIGEST SB 850, as amended, Leno. Medical records: confidential information. The Confidentiality of Medical Information Act requires that every provider of health care, health care service plan, pharmaceutical company, and contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical records do so in a manner that preserves the confidentiality of the information contained in the record, and provides that negligence in conducting these activities may result in damages or an administrative fine or civil penalty, as specified. This bill would  expand those provisions to require that every provider of health care, health care service plan, pharmaceutical company, and contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of written or electronic medical records do so in a manner that preserves the confidentiality, accuracy, and integrity of the information contained in the record   require an electronic health or medical record system to automatically record any change or deletion of electronically stored medical information, and would require the record to include, among other things, the identity of the person who accessed and changed the medical information and the change that was made to the medical information  . Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 56.101 of the Civil Code is amended to read: 56.101.  (a)    Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of  written or electronic medical records   medical information  shall do so in a manner that preserves the confidentiality  , accuracy, and integrity  of the information contained therein. Any provider of health care, health care service plan, pharmaceutical company, or contractor who negligently creates, maintains, preserves, stores, abandons, destroys, or disposes of  written or electronic medical records   medical information  shall be subject to the remedies and penalties provided under subdivisions (b) and (c) of Section 56.36.  (b) An electronic health record system or electronic medical record system shall automatically record any change or deletion of any electronically stored medical information. The record of any change or deletion shall include the identity of the person who accessed and changed the medical information, the date and time the medical information was accessed, and the change that was made to the medical information. The record of the change or deletion shall be made part of the patient's medical information, and shall be accessible upon request of a patient or his or her representative to review the medical information.