Bill Text: CA AB268 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
BILL NUMBER: AB 268 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Holden FEBRUARY 7, 2013 An act to amend Section 123130 of the Health and Safety Code, relating to health records. LEGISLATIVE COUNSEL'S DIGEST AB 268, as introduced, Holden. Health records: access. 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: 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 obtaininghis or herthe 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.