Bill Text: IA SSB1117 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the protection of certain patient information and data under the purview of the department of public health.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-19 - Subcommittee Meeting: 02/21/2019 11:00AM RM 315. [SSB1117 Detail]
Download: Iowa-2019-SSB1117-Introduced.html
Senate
Study
Bill
1117
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
relating
to
the
protection
of
certain
patient
1
information
and
data
under
the
purview
of
the
department
of
2
public
health.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
22.7,
Code
2019,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
Emergency
medical
services
ambulance
3
or
transport
documents
or
reports,
including
patient
care
4
reports,
that
contain
a
patient’s
medical
information.
For
5
the
purposes
of
this
subsection,
“patient
care
report”
and
6
“patient’s
medical
information”
mean
the
same
as
defined
in
7
section
147A.4A.
8
Sec.
2.
Section
135.166,
subsection
2,
Code
2019,
is
amended
9
to
read
as
follows:
10
2.
Unless
otherwise
authorized
or
required
by
state
or
11
federal
law,
data
collected
under
this
section
shall
not
12
include
the
social
security
number
or
name
of
the
individual
13
subject
of
the
data.
14
Sec.
3.
NEW
SECTION
.
147A.4A
Patient
medical
information
15
——
limitations.
16
1.
The
department
shall
not
collect,
store,
or
require
the
17
submission
of
emergency
medical
services
ambulance
or
transport
18
documents
or
reports,
including
patient
care
reports,
that
19
contain
a
patient’s
medical
information,
unless
otherwise
20
authorized
in
writing
by
the
patient
or
another
person
duly
21
authorized
to
act
on
behalf
of
the
patient.
However,
such
22
reports
and
documents
are
subject
to
discovery,
subpoena,
or
23
other
means
of
legal
compulsion.
24
2.
For
the
purposes
of
this
section:
25
a.
“Patient
care
report”
means
a
computerized
or
written
26
report
that
documents
the
assessment
and
management
of
a
27
patient
by
an
emergency
care
provider
in
an
out-of-hospital
28
setting.
29
b.
“Patient’s
medical
information”
means
any
information
in
30
an
emergency
medical
services
ambulance
or
transport
document
31
or
report,
including
a
patient
care
report,
that
identifies
a
32
patient
who
is
the
subject
of
the
information
or
with
respect
33
to
which
there
is
a
reasonable
basis
to
believe
that
the
34
information
could
be
used
to
identify
the
patient.
35
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
protection
of
certain
patient
4
health
data
and
information
under
the
purview
of
the
department
5
of
public
health
(DPH).
6
EMERGENCY
MEDICAL
SERVICES.
With
regard
to
a
patient’s
7
medical
information
contained
in
emergency
medical
services
8
ambulance
or
transport
documents
or
reports,
including
patient
9
care
reports,
the
bill
provides
that
under
Code
section
22.7,
10
public
records
that
are
emergency
medical
services
ambulance
11
or
transport
documents
or
reports,
including
patient
care
12
reports,
that
contain
a
patient’s
medical
information
shall
13
be
kept
confidential,
unless
otherwise
ordered
by
a
court,
by
14
the
lawful
custodian
of
the
records,
or
by
another
person
duly
15
authorized
to
release
such
information.
16
The
bill
also
prohibits
DPH
under
Code
chapter
147A
17
(Emergency
medical
care
——
trauma
care)
from
collecting,
18
storing,
or
requiring
the
submission
of
emergency
medical
19
services
ambulance
or
transport
documents
or
reports,
including
20
patient
care
reports,
that
contain
a
patient’s
medical
21
information,
unless
otherwise
authorized
in
writing
by
the
22
patient
or
another
person
duly
authorized
to
act
on
behalf
of
23
the
patient.
However,
such
reports
and
documents
are
subject
24
to
discovery,
subpoena,
or
other
means
of
legal
compulsion.
25
The
bill
defines
“patient
care
report”
as
a
computerized
or
26
written
report
that
documents
the
assessment
and
management
of
27
a
patient
by
an
emergency
care
provider
in
an
out-of-hospital
28
setting;
and
“patient’s
medical
information”
as
any
information
29
in
an
emergency
medical
services
ambulance
or
transport
30
document
or
report,
including
a
patient
care
report,
that
31
identifies
a
patient
who
is
the
subject
of
the
information
or
32
with
respect
to
which
there
is
a
reasonable
basis
to
believe
33
that
the
information
could
be
used
to
identify
the
patient.
34
HOSPITAL
DATA.
The
bill
also
provides
that,
with
regard
to
35
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_____
certain
inpatient,
outpatient,
and
ambulatory
data
collected
1
from
hospitals,
unless
otherwise
authorized
or
required
by
2
state
or
federal
law,
in
addition
to
the
social
security
3
number,
the
name
of
the
individual
subject
of
the
data
shall
4
not
be
included
in
data
collected
from
hospitals
by
DPH.
5
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