Bill Text: CA AB268 | 2013-2014 | Regular Session | Amended
Bill Title: Transit: Metro Gold Line extension.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB268 Detail]
Download: California-2013-AB268-Amended.html
BILL NUMBER: AB 268 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2013
INTRODUCED BY Assembly Member Holden
FEBRUARY 7, 2013
An act to amend Section 123130 of the Health and Safety
Code, relating to health records. An act relating to
transit.
LEGISLATIVE COUNSEL'S DIGEST
AB 268, as amended, Holden. Health records: access.
Transit: Metro Gold Line extension.
Existing law creates the Metro Gold Line Foothill Extension
Construction Authority, with various powers and duties relative to
the construction of a rail transit project between Los Angeles and
Montclair and intermediate locations.
This bill would state the intent of the Legislature to enact
legislation that would enable the Metro Gold Line extension to be
completed at the terminus of Ontario Airport with intermediate stops
in San Dimas, La Verne, Pomona, Claremont, and Montclair, and for
regional cooperation to continue.
Existing law provides that a patient or his or her representative
is entitled to inspect a patient's health records upon presenting a
written request and upon payment for reasonable clerical costs
incurred in locating and making the records available. Existing law
authorizes a health care provider to prepare a summary of the patient'
s record for inspection and copying by a patient rather than allowing
the patient to access the entire record. A willful violation of
these provisions by certain health care providers is an infraction.
This bill would, in addition, authorize a health care provider to
prepare the summary of the patient's record for inspection and
copying by the patient's representative. Because the bill would
change the definition of an infraction, it would constitute a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) Unemployment in California remains unacceptably high, near 10
percent, and is even higher in the construction and building trades
industry.
(b) The Metro Gold Line project and associated transit-oriented
development is estimated to infuse $43,000,000,000 into the economies
of the Counties of Los Angeles and San Bernardino and generate
nearly 10 million square feet of new retail and commercial space.
(c) Traffic congestion is increasing throughout southern
California, and new, environmentally sustainable transit operations
are desperately needed to alleviate congestion. New transit
development will lead to fewer private vehicle trips, less
congestion, and better health outcomes resulting from less pollution.
(d) Therefore, public transit infrastructure projects should be
encouraged as a means of growing employment and reducing congestion
and pollution in southern California.
SEC. 2. (a) It is the intent of the Legislature
that all parties critical to the expansion of the Metro Gold Line
continue to cooperate on regional transit solutions that benefit the
people of California.
(b) It is the intent of the Legislature to enact legislation
enabling the Metro Gold Line extension to be completed at a final
terminus of Ontario Airport in Ontario, with intermediate stops in
San Dimas, La Verne, Pomona, Claremont, and Montclair.
SECTION 1. Section 123130 of the Health and
Safety Code is amended to read:
123130. (a) A health care provider may prepare a summary of the
record, according to the requirements of this section, for inspection
and copying by a patient or patient's representative. If the health
care provider chooses to prepare a summary of the record rather than
allowing access to the entire record, he or she shall make the
summary of the record available to the patient or patient's
representative within 10 working days from the date of the patient's
or patient's representative's request. However, if more time is
needed because the record is of extraordinary length or because the
patient was discharged from a licensed health facility within the
last 10 days, the health care provider shall notify the patient or
patient's representative of this fact and the date that the summary
will be completed, but in no case shall more than 30 days elapse
between the request by the patient or patient's representative and
the delivery of the summary. In preparing the summary of the record
the health care provider shall not be obligated to include
information that is not contained in the original record.
(b) A health care provider may confer with the patient or patient'
s representative in an attempt to clarify the patient's or patient's
representative's purpose and goal in obtaining the patient's record.
If as a consequence the patient or patient's representative requests
information about only certain injuries, illnesses, or episodes, this
subdivision shall not require the provider to prepare the summary
required by this subdivision for other than the injuries, illnesses,
or episodes so requested by the patient or patient's representative.
The summary shall contain for each injury, illness, or episode any
information included in the record relative to the following:
(1) Chief complaint or complaints including pertinent history.
(2) Findings from consultations and referrals to other health
care providers.
(3) Diagnosis, where determined.
(4) Treatment plan and regimen including medications prescribed.
(5) Progress of the treatment.
(6) Prognosis including significant continuing problems or
conditions.
(7) Pertinent reports of diagnostic procedures and tests and all
discharge summaries.
(8) Objective findings from the most recent physical examination,
such as blood pressure, weight, and actual values from routine
laboratory tests.
(c) This section shall not be construed to require any medical
records to be written or maintained in any manner not otherwise
required by law.
(d) The summary shall contain a list of all current medications
prescribed, including dosage, and any sensitivities or allergies to
medications recorded by the provider.
(e) Subdivision (c) of Section 123110 shall be applicable whether
or not the health care provider elects to prepare a summary of the
record.
(f) The health care provider may charge no more than a reasonable
fee based on actual time and cost for the preparation of the
summary. The cost shall be based on a computation of the actual time
spent preparing the summary for availability to the patient or the
patient's representative. It is the intent of the Legislature that
summaries of the records be made available at the lowest possible
cost to the patient.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
