Bill Text: MS SB2243 | 2012 | Regular Session | Introduced


Bill Title: Hospitals; require to provide certain medical records to other hospitals when transferring patients to them.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [SB2243 Detail]

Download: Mississippi-2012-SB2243-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Public Health and Welfare

By: Senator(s) Collins

Senate Bill 2243

AN ACT TO CREATE NEW SECTION 41-9-55, MISSISSIPPI CODE OF 1972, TO REQUIRE HOSPITALS, WHEN TRANSFERRING PATIENTS TO OTHER HOSPITALS WHERE THE TRANSFERS ARE NOT ASSOCIATED WITH THE EMERGENCY DEPARTMENT, TO PROVIDE TO THE RECEIVING HOSPITALS CERTAIN MEDICAL RECORDS THAT ARE PERTINENT TO THE CONDITIONS FOR WHICH THE PATIENTS WERE RECEIVING TREATMENT AT THE TRANSFERRING HOSPITALS; TO PROVIDE FOR ENFORCEMENT OF THIS SECTION BY THE STATE DEPARTMENT OF HEALTH, AND AUTHORIZE THE DEPARTMENT TO ASSESS CIVIL PENALTIES AGAINST HOSPITALS THAT FAIL TO COMPLY WITH THIS SECTION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 41-9-55, Mississippi Code of 1972:

     41-9-55.  (1)  Each hospital as defined in Section 41-9-3 that is licensed by the State Department of Health, when transferring a patient to another hospital where the transfer is not from or associated with the emergency department of the transferring hospital, shall provide to the receiving hospital the following medical records or copies of those records available at the time of the transfer that are pertinent to the condition for which the patient was receiving treatment at the transferring hospital:  imaging records, laboratory study records, and physician and nursing records.

     (2)  This section applies to transfers between hospitals, including transfers to hospitals within a hospital system unless the records that are required to be transferred are held in common within the hospital system.

     (3)  The State Department of Health shall monitor and enforce compliance with this section, and the department may assess a civil penalty against any hospital that intentionally or negligently fails to provide to a receiving hospital the records required by this section, in an amount not to exceed Five Thousand Dollars ($5,000.00) for each violation.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.

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