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