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2002 SESSION

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SJ 67 Study; sharing protected health information.

Introduced by: Benjamin J. Lambert III | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Sharing protected health information. Directs the Departments of Health, Mental Health, Mental Retardation and Substance Abuse Services, Medical Assistance Services, and Social Services, in cooperation with the Office of the Attorney General, to develop a secure system for sharing protected health information. This resolution notes the prevalence of lead poisoning among children and that lead poisoning is preventable and yet, because it causes irreversible neurological damage, affects the functioning and health of children throughout their lives. The resolution states that lead poisoning prevention and other state activities relating to the prevention and control of disease and health care benefits require the sharing of patient data in order to track, treat, follow-up and provide services to affected persons, particularly children. The regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 relating to standards for security and privacy of health information and the concerns these regulations are generating among state agencies are described. The Departments are directed to design the secure system for sharing data to authorize covered entities to disclose protected health information without consent or authorization from the patient and to comply with the requirements of the HIPAA regulations. They are also directed to examine the preemption rule within the HIPAA privacy regulations, which validates state laws that deal with reporting of certain matters, the exceptions to the consent rule and exceptions to the requirements for authorization and notice relating to public health activities, health oversight activities, and prevention of serious harm to - as well as serious threats to - the health and safety of individuals and the public at large. The feasibility of integrating a referral or notice procedure or network into the secure system must be examined. This resolution is a recommendation of the Joint Subcommittee Studying Lead-Poisoning Prevention.


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