Connecticut 2019 Regular Session

Connecticut House Bill HB07301 Compare Versions

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Version 2 (New)

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7	6		General Assembly Raised Bill No. 7301
8	7		January Session, 2019
9	8		LCO No. 5212
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12	11		Referred to Committee on PUBLIC HEALTH
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14	13
15	14		Introduced by:
16	15		(PH)
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20	20		AN ACT CONCERNING TH E DEPARTMENT OF PUBLIC HEALTH'S
21	21		RECOMMENDATIONS REGA RDING REMOTE ACCESS TO
22	22		ELECTRONIC MEDICAL R ECORDS BY THE DEPART MENT OF
23	23		PUBLIC HEALTH.
24	24		Be it enacted by the Senate and House of Representatives in General
25	25		Assembly convened:
26	26
27	27		Section 1. Section 19a-215 of the general statutes is repealed and the 1
28	28		following is substituted in lieu thereof (Effective October 1, 2019): 2
29	29		(a) For the purposes of this section: 3
30	30		(1) "Clinical laboratory" means any facility or other area used for 4
31	31		microbiological, serological, chemical, hematological, 5
32	32		immunohematological, biophysical, cytological, pathological or other 6
33	33		examinations of human body fluids, secretions, excretions or excised 7
34	34		or exfoliated tissues, for the purpose of providing information for the 8
35	35		diagnosis, prevention or treatment of any human disease or 9
36	36		impairment, for the assessment of human health or for the presence of 10
37	37		drugs, poisons or other toxicological substances. 11
38		-	(2) "Commissioner's list of reportable diseases, emergency illnesses 12
39		-	and health conditions" and "commissioner's list of reportable 13 Raised Bill No. 7301
	38	+	(2) "Commissioner's list of reportable diseases, emergency illnesses 12 Raised Bill No. 7301
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	44	+	and health conditions" and "commissioner's list of reportable 13
46	45		laboratory findings" means the lists developed pursuant to section 19a-14
47	46		2a. 15
48	47		(3) "Confidential" means confidentiality of information pursuant to 16
49	48		section 19a-25. 17
50	49		(4) "Health care provider" means a person who has direct or 18
51	50		supervisory responsibility for the delivery of health care or medical 19
52	51		services, including licensed physicians, nurse practitioners, nurse 20
53	52		midwives, physician assistants, nurses, dentists, medical examiners 21
54	53		and administrators, superintendents and managers of health care 22
55	54		facilities. 23
56	55		(5) "Reportable diseases, emergency illnesses and health conditions" 24
57	56		means the diseases, illnesses, conditions or syndromes designated by 25
58	57		the Commissioner of Public Health on the list required pursuant to 26
59	58		section 19a-2a. 27
60	59		(b) A health care provider shall report each case occurring in such 28
61	60		provider's practice, of any disease on the commissioner's list of 29
62	61		reportable diseases, emergency illnesses and health conditions to the 30
63	62		director of health of the town, city or borough in which such case 31
64	63		resides and to the Department of Public Health, no later than twelve 32
65	64		hours after such provider's recognition of the disease. Such reports 33
66	65		shall be in writing, by telephone or in an electronic format approved 34
67	66		by the commissioner. [Such reports of disease shall be confidential and 35
68	67		not open to public inspection except as provided for in section 19a-25.] 36
69	68		(c) A clinical laboratory shall report each finding identified by such 37
70	69		laboratory of any disease identified on the commissioner's list of 38
71	70		reportable laboratory findings to the Department of Public Health not 39
72	71		later than forty-eight hours after such laboratory's finding. A clinical 40
73	72		laboratory that reports an average of more than thirty findings per 41
74	73		month shall make such reports electronically in a format approved by 42
75	74		the commissioner. Any clinical laboratory that reports an average of 43
76	75		less than thirty findings per month shall submit such reports, in 44 Raised Bill No. 7301
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83	81		writing, by telephone or in an electronic format approved by the 45
84	82		commissioner. [All such reports shall be confidential and not open to 46
85	83		public inspection except as provided for in section 19a-25.] The 47
86	84		Department of Public Health shall provide a copy of all such reports to 48
87	85		the director of health of the town, city or borough in which the affected 49
88	86		person resides or, in the absence of such information, the town where 50
89	87		the specimen originated. 51
90	88		(d) When a local director of health, the local director's authorized 52
91	89		agent or the Department of Public Health receives a report of a disease 53
92	90		or laboratory finding on the commissioner's lists of reportable diseases, 54
93	91		emergency illnesses and health conditions and laboratory findings, the 55
94	92		local director of health, the local director's authorized agent or the 56
95	93		Department of Public Health may contact first the reporting health 57
96	94		care provider and then the person with the reportable finding to obtain 58
97	95		such information as may be necessary to lead to the effective control of 59
98	96		further spread of such disease. In the case of reportable communicable 60
99	97		diseases and laboratory findings, this information may include 61
100	98		obtaining the identification of persons who may be the source or 62
101	99		subsequent contacts of such infection. 63
102	100		(e) The Department of Public Health shall have access, including 64
103	101		remote access, in a manner approved by the Commissioner of Public 65
104	102		Health, to each electronic medical record that concerns a reportable 66
105	103		disease, emergency illness or health condition listed by the 67
106	104		commissioner pursuant to subdivision (9) of section 19a-2a that occurs 68
107	105		at a hospital, as defined in section 19a-490, licensed pursuant to 69
108	106		chapter 368v. 70
109	107		[(e)] (f) All personal information obtained from disease prevention 71
110	108		and control investigations as performed in subsections (c) and (d) of 72
111	109		this section including the health care provider's name and the identity 73
112	110		of the reported case of disease and suspected source persons and 74
113	111		contacts shall not be divulged to anyone and shall be held strictly 75
114	112		confidential pursuant to section 19a-25, by the local director of health 76
115	113		and the director's authorized agent and by the Department of Public 77 Raised Bill No. 7301
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122	119		Health. 78
123	120		[(f)] (g) Any person who violates any reporting or confidentiality 79
124	121		provision of this section shall be fined not more than five hundred 80
125	122		dollars. No provision of this section shall be deemed to supersede 81
126	123		section 19a-584. 82
127	124		Sec. 2. Subsection (c) of section 19a-72 of the general statutes is 83
128	125		repealed and the following is substituted in lieu thereof (Effective 84
129	126		October 1, 2019): 85
130	127		(c) The Department of Public Health shall be provided such access 86
131	128		to the records of any health care provider, as the department deems 87
132	129		necessary, and remote access to the records of any hospital to perform 88
133	130		case finding or other quality improvement audits to ensure 89
134	131		completeness of reporting and data accuracy consistent with the 90
135	132		purposes of this section. 91
136	133		This act shall take effect as follows and shall amend the following
137	134		sections:
138	135
139	136		Section 1 October 1, 2019 19a-215
140	137		Sec. 2 October 1, 2019 19a-72(c)
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142		-	PH Joint Favorable
	139	+	Statement of Purpose:
	140	+	To allow the Department of Public Health to have remote access to
	141	+	electronic medical records of hospitals that involve reportable diseases,
	142	+	emergency illnesses and health conditions or reportable tumors.
	143	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	144	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	145	+	not underlined.]
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