SB 88 Modifies provisions relating to the furnishing of medical records and hospital licensure
Sponsor: Schaaf
LR Number: 0609H.03C Fiscal Note available
Committee: Veterans' Affairs and Health
Last Action: 5/17/2013 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SCS SB 88 Calendar Position:
Effective Date: August 28, 2013
House Handler: Frederick

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Current Bill Summary


HCS/SCS/SB 88 - This act modifies provisions relating to health care providers.

FURNISHING OF MEDICAL RECORDS (Section 191.227)

Current law allows a health care provider to condition the furnishing of medical records on the payment of a fee to cover costs of copying, off-site records storage, postage and notary services. This act allows for a search and retrieval amount not to exceed $22.82 plus copying in the amount of 53 cents for supplies and labor per page as well as for $21.36 for off-site record storage. The fee amounts shall be adjusted annually per the Consumer Price Index.

This act also allows for the records to be furnished electronically upon payment of the search, retrieval, and copying fees set under this act at the time of the request or $100 total, whichever is less, if such person:

(1) Requests health records to be delivered electronically in a format of the health care provider's choice;

(2) The health care provider stores such records completely in an electronic health record; and

(3) The health care provider is capable of providing the requested records and affidavit, if requested, in an electronic format.

This provision is substantially similar to HB 324 (2013).

HOSPITAL LICENSURE AND INSPECTION (Sections 197.080 AND 197.100)

This act requires the Department of Health and Senior Services to review and revise its regulations governing hospital licensure and enforcement to promote efficiency and eliminate duplicate regulations and inspections by or on behalf of the state and federal agencies.

The Department shall adopt regulations that require among other things: (1) Specific findings of deficiencies to refer to the specific written interpretive guidance developed the department and any publicly available, professionally recognized standards of care that are the basis of the citation and finding; (2) Consistency with the federal Centers for Medicare and Medicaid Services' (CMS) Conditions of Participation; (3) Published guidelines for complaint investigations and a process to determine if a complaint warrants an onsite investigation; (4) Limits to the specific referenced regulatory standard or standards concerning the specific service or department within the facility mentioned in the complaint to be investigated by the Department (5) A process to provide a hospital with a report of all complaints made against it as well as having such reports made available upon request to the public and posted on the department's website.

Hospitals and hospital personnel shall have the opportunity to participate in annual continuing training sessions provided to state licensure surveyors.

This act also establishes specific timelines identical, to the extent practicable, to those in CMS's State Operations Manual for state hospital officials to respond to a hospital regarding the status and outcome of pending investigations and possible regulatory action.

The Department shall also accept a hospital inspection report from Joint Commission and the American Osteopathic Association Healthcare Facilities Accreditation Program, provided the accreditation inspection was conducted within one year of the date of license renewal and the accrediting organization's survey process has been deemed appropriate and found to be comparable to the department's licensure survey. It is the accrediting organization's responsibility to provide the department the information necessary to determine if its survey process is comparable and fully meets the intent of the licensure regulations.

The hospital licensure provisions are substantially similar to SCS/SB 109 (2013) and to HCS/HB 351 (2013); SS/SCS/SB 621 (2012); HB 1123 (2012); and similar to HCS/HB 579 (2011).

ADRIANE CROUSE