HOUSE DOCKET, NO. 3253        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2091

The Commonwealth of Massachusetts

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PRESENTED BY:

Theodore C. Speliotis

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying resolve:

Resolve providing for an investigation and study by a special commission relative to safeguarding medical records.

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PETITION OF:

HOUSE DOCKET, NO. 3253        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2091

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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Resolve providing for an investigation and study by a special commission relative to safeguarding medical records.

Resolved, That a special commission to consist of: 2 members of the senate, 1 of whom shall be appointed by the Senate President, 1 by the Senate Minority Leader, 2 members from the House of Representatives, 1 of whom shall be appointed by the Speaker of the House, 1 by the House Minority Leader, the Attorney General or her designee, and 5 persons to be appointed by the Governor, 1 of whom shall be a representative of the Massachusetts Medical Society, 1 of whom shall be a representative of Massachusetts Health and Human Services, 1 of whom shall be a representative of the Massachusetts League of Community Health Centers, Inc., 1 of whom shall be a member of the Massachusetts Association of Health Plans, Inc., 1 of whom shall be a representative of Blue Cross Blue Shield of Massachusetts, Inc.; is hereby established for the purpose of making an investigation and study relative to determining the pervasiveness of overseas medical transcription services charged with transcribing medical reports, and gauging whether there exists any privacy or safety concerns to residents of the Commonwealth relative to overseas transcriptions. The commission shall determine the ability of health care industry businesses such as licensed clinics, health facilities, home health agencies, hospices, and health care service plan providers to implement physical, technical, administrative and procedural safeguards for preventing unauthorized and unlawful access to patient data and for monitoring employee access to such data.  The commission’s investigation shall include, but not be limited to: determining, whether the above entities have the necessary resources to implement such aforementioned privacy and safety safeguards, specifically in regards to said overseas transcriptions.

Said commission shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the house of representatives and senate who shall forward the same to the joint committee as determined by the house and senate on or before January 31, 2015.