Chapter 798
AN ACT
SB 163
Relating to disclosure of protected health
information; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. Section 2 of this 2007 Act is added to and
made a part of ORS 192.518 to 192.526.
SECTION 2. (1) Notwithstanding ORS 179.505, a state
health plan or a prepaid managed care health services organization may disclose
the protected health information of an individual listed in subsection (2) of
this section, without obtaining an authorization from the individual or a
personal representative of the individual, to another prepaid managed care
health services organization for treatment activities of a prepaid managed care
health services organization when the prepaid managed care health services
organization is providing behavioral or physical health care services to the
individual.
(2) The protected health
information that may be disclosed pursuant to subsection (1) of this section
includes the following, as defined by the Department of Human Services by rule:
(a)
(b) Medicaid recipient
number;
(c) Performing provider
number;
(d) Hospital provider
name;
(e) Attending physician;
(f) Diagnosis;
(g) Date or dates of
service;
(h) Procedure code;
(i) Revenue code;
(j) Quantity of units of
service provided; or
(k) Medication
prescription and monitoring.
(3) As used in this
section, “prepaid managed care health services organization” has the meaning
given that term in ORS 414.736.
SECTION 3. Upon an individual’s enrollment in a state
health plan or a prepaid managed care health services organization, the plan or
organization shall disclose to the individual the information that may be
disclosed or exchanged under section 2 of this 2007 Act. The plan or
organization must obtain a signed acknowledgment that the individual has been
informed of the provisions of this section and section 2 of this 2007 Act and
the specific information that may be disclosed or exchanged under section 2 of this
2007 Act without the individual’s authorization.
SECTION 4. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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