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2004 SESSION
HB 876 Mental health information; disclosure.
Introduced by: John M. O'Bannon, III | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Disclosure of mental health information. Adds to the law in Title 37.1 relating to disclosure of mental health information various technical amendments to clarify (i) who may submit a bill to a third party payor; (ii) that the information on the patient must include his address and date of birth; (iii) that patient consent or authorization is required for disclosure of mental health information; and (iv) that patient consent or authorization must be in writing and must be dated and signed and must also comply with the requirements for authorization of disclosure set out in subsection G of § 32.1-127.1:03. Subsection G of § 31.2-127.1:03 requires the name of the patient, the provider and the identity of the person to whom disclosure may be made, and the nature of the information to be disclosed.
This bill also sets out a procedure by which a patient may receive a review by an objective physician or clinical psychologist of whether the patient may receive a copy of a third party payors' information in those instances where the treating physician or clinical psychologist has advised the third party payor that the information would be reasonably likely to endanger the life or physical safety of the patient or another person or contains a reference to another person that would be reasonably likely to cause substantial harm to the referenced person. The standard for limiting disclosure to the patient who is the subject of the record is changed from "might adversely affect the patient's health" to "would be reasonably likely to endanger the life or physical safety of the patient or another person, or that such record makes reference to a person other than a health care provider, and the access requested would be reasonably likely to cause substantial harm to such referenced person."
FULL TEXT
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 044641440 pdf
- 01/29/04 House: Printed as engrossed 044641440-E pdf
- 02/23/04 House: Bill text as passed House and Senate (HB876ER) pdf | impact statement
- 03/11/04 Governor: Acts of Assembly Chapter text (CHAP0054) pdf
AMENDMENTS
HISTORY
- 01/14/04 House: Presented & ordered printed, prefiled 01/14/04 044641440
- 01/14/04 House: Referred to Committee on Health, Welfare and Institutions
- 01/27/04 House: Reported from H. W. I. w/amendments (22-Y 0-N)
- 01/28/04 House: Read first time
- 01/29/04 House: Read second time
- 01/29/04 House: Committee amendments agreed to
- 01/29/04 House: Engrossed by House as amended HB876E
- 01/29/04 House: Printed as engrossed 044641440-E
- 01/30/04 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 01/30/04 House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
- 01/30/04 House: Communicated to Senate
- 02/02/04 Senate: Constitutional reading dispensed
- 02/02/04 Senate: Referred to Committee on Education and Health
- 02/12/04 Senate: Reported from Education and Health (15-Y 0-N)
- 02/13/04 Senate: Constitutional reading dispensed (36-Y 0-N)
- 02/13/04 Senate: VOTE: CONST. RDG. DISPENSED R (36-Y 0-N)
- 02/16/04 Senate: Read third time
- 02/16/04 Senate: Passed Senate (40-Y 0-N)
- 02/16/04 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 02/23/04 House: Bill text as passed House and Senate (HB876ER)
- 02/23/04 House: Enrolled
- 02/24/04 House: Signed by Speaker
- 02/24/04 Senate: Signed by President
- 03/04/04 Governor: Approved by Governor-Chapter 54 (effective 7/1/04)
- 03/11/04 Governor: Acts of Assembly Chapter text (CHAP0054)