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 TLSB 1195XC (5) 88 pf/rh

S.F. _____ 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 -1- LSB 1195XC (5) 88 pf/rh 1/ 3

S.F. _____ 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 -2- LSB 1195XC (5) 88 pf/rh 2/ 3

S.F. _____ 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 -3- LSB 1195XC (5) 88 pf/rh 3/ 3