California: Bill relating to healthcare ordered to third reading in Assembly
On September 5, 2023, Senate Bill No. 582 for an act to amend Sections 1374.196, 123148, and 130290 of the Health and Safety Code, and to amend Section 10133.12 of the Insurance Code, relating to healthcare was read for a second time in the California State Assembly and ordered to third reading. The bill was first introduced to the California State Senate in February 2023, where it was passed and ordered to the Assembly on May 24, 2023.
The bill would, among other things, require electronic health records (EHR) vendors to execute the California Health and Human Services (CHHSA) Data Exchange Framework's data sharing agreement, which obliges healthcare entities to make data available to one another upon request. Further to this, the bill would require any fees charged by an EHR vendor to enable compliance with the Framework, to comply with specified federal regulations, and to be sufficient to include the cost of enabling the collection and sharing of all data required. The bill would also authorize the CHHSA to establish administrative oversight and enforcement authority, including fines if fees charged by EHR vendors to specified entities are not in compliance with federal standards.
Moreover, where existing law prohibits disclosing certain sensitive test results to a patient by electronic means unless the healthcare professional first discusses the results with the patient in person or by other means of oral communication, the bill would alternatively authorize the disclosure of these test results by internet posting or other electronic means if the patient and healthcare professional have discussed the potential impact of the results and the patient elects to receive them without delay.
Update: September 27, 2023
Bill relating to healthcare sent to Governor
On September 21, 2023, the bill was enrolled and sent to the California Governor for action.
Update: October 16, 2023
Bill relating to healthcare vetoed by Governor
On October 8, 2023, the bill was vetoed by the Governor and sent back to the Senate for consideration.