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2010 SESSION

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Senate Committee on Education and Health
Subcommittee Health Care

Northam (Chairman), Martin, Newman, Edwards, Whipple

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: January 19, 2010
Time and Place: 1/2 hr. after adjournment, 4 E Conference Rm, G.A.B.

S.B. 224 Notification of breach of medical information.

Patron: Barker

Notification of breach of medical information.  Requires notification to residents of the Commonwealth if their unredacted or unencrypted medical information or insurance information is the subject of a database breach. The notification required by this section would apply only to entities not subject to federal medical information database breach notification regulations.

S.B. 275 Advance medical directives; clarifies authority.

Patron: Whipple

Advance medical directives.  Clarifies authority of an advance directive in cases in which a person is subject to an emergency custody, temporary detention, involuntary admission, or mandatory outpatient treatment order; eliminates the requirement that a second physician or licensed clinical psychologist provide a written certification that a patient is incapable of making an informed decision in cases in which the patient is unconscious or experiencing a profound impairment of conscious function due to trauma, stroke, or other acute physiological condition; adds a provision authorizing a person who has exhibited special care and concern for a patient and is familiar with the patient's beliefs and values to make health care decisions on that patient's behalf if the patient is incapable of making an informed decision; and clarifies the procedure regarding decisions over a patient's protest. This bill also provides that a public guardian may authorize admission of an incapacitated person to a mental health facility in certain situations.

S.B. 540 Rights of patients in nursing homes.

Patron: Newman

Rights of patients in nursing homes.  Requires a written acknowledgment that a nursing home patient is fully informed about the services available at the facility and the charges for such services, and adds a responsible party as defined in regulation to the list of persons who can act on behalf of an incapacitated person.