HB 2733 Health care; records.
Jean W. Cunningham | all patrons    ...    notes
| add to my profiles

Health care; records.0 Revises the laws relating to obtaining, copying, ownership, and storage of patient records. The new provision in this bill sets out elaborate procedures for obtaining copies of records (written requests only), subpoenas for records, motions to quash subpoenas for records, and the records of a pro se party (for self) or nonparty (one who becomes ensnared in lawsuit, but is not a party). The civil procedure statute ( 8.01-413) is modified to remove the provision relating to the records of deceased or incompetent patients which currently provides for a prioritized list of individuals who may consent to disclosure of the records. This list begins with the personal representative of the deceased patient and ends with the adult brother or sister or any other relative in descending order. Provider is defined to include all individuals regulated by a board within the Department of Health Professions and every body in 8.01-581.1 and the state-operated facilities. Record includes communication made by the patient to the provider in confidence. The patient records are declared, as in the present law, to be the property of the provider maintaining them. The provider is prohibited from disclosing the records except in compliance with this or other applicable law. Third parties to whom the records are revealed may not disclose the information. Exceptions to the confidentiality requirements included: Workers Compensation, minor's records (written consent according to 54.1-2969); subpoenas; malpractice, disciplinary, and collection actions; evidence; other reporting statutes; when necessary for care of patient; normal course of business in practice; waiver of patient's rights; judicial or administrative order; guardian ad litem of adult or minor; attorney in civil commitment (involuntary); Court Appointed Special Advocates; attorney in fact/agent or decision maker under advance directive; third-party payors; for application for health care benefits (Medicaid/Medicare); transfer of a practice; when patient's specific and immediate threat to hurt another must be communicated; to the patient; when permitted by federal law relating to substance abuse records; peer review panels, etc.; to the personal representative or executor of a deceased patient's estate; etc.

Full text:
01/20/97  House: Presented & ordered printed 978560132  pdf
01/28/97  House: Committee substitute printed 977857188-H1  pdf
03/03/97  House: Bill text as passed House and Senate (HB2733ER)  pdf
03/24/97  Governor: Acts of Assembly Chapter text (CHAP0682)  pdf

Senate amendments
Senate amendments engrossed

01/20/97  House: Presented & ordered printed 978560132
01/20/97  House: Referred to Committee on Health, Welfare and Institutions
01/21/97  House: Assigned to H. W. I. sub-committee: 1
01/28/97  House: Reported from H. W. I. w/substitute (22-Y 0-N)
01/28/97  House: Committee substitute printed 977857188-H1
01/29/97  House: Read first time
01/30/97  House: Read second time
01/30/97  House: Committee substitute agreed to 977857188-H1
01/30/97  House: Engrossed by House - com. sub. 977857188-H1
01/31/97  House: Read third time and passed House (Block Vote) (98-Y 0-N)
01/31/97  House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N)
01/31/97  House: Communicated to Senate
02/03/97  Senate: Constitutional reading dispensed (36-Y 4-N)
02/03/97  Senate: Referred to Committee on Education and Health
02/05/97  Senate: Assigned to Ed. & Health sub-committee: Health Care
02/16/97  Senate: Reported from Ed. & H. with amendments (15-Y 0-N)
02/17/97  Senate: Const. reading disp., passed by for the day (40-Y 0-N)
02/17/97  Senate: VOTE: CONST. READING DISPENSED (40-Y 0-N)
02/18/97  Senate: Read third time
02/18/97  Senate: Reading of amendments waived
02/18/97  Senate: Committee amendments agreed to
02/18/97  Senate: Engrossed by Senate as amended
02/18/97  Senate: Passed Senate with amendments (40-Y 0-N)
02/18/97  Senate: VOTE: PASSAGE (40-Y 0-N)
02/19/97  House: Placed on Calendar
02/20/97  House: Senate amendments agreed to by House (96-Y 1-N)
02/20/97  House: VOTE: ADOPTION (96-Y 1-N)
03/03/97  House: Bill text as passed House and Senate (HB2733ER)
03/11/97  House: Enrolled
03/12/97  House: Signed by Speaker
03/13/97  Senate: Signed by President
03/21/97  Governor: Approved by Governor-Chapter 682 (effective 7/1/97)
03/24/97  Governor: Acts of Assembly Chapter text (CHAP0682)