Bill Summary for S 458 (2017-2018)

Summary date: 

Mar 29 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 458 (Public) Filed Tuesday, March 28, 2017
Intro. by Sanderson.

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Bill summary

Enacts new GS 162-51 concerning the sharing of an inmate's medical information between jails and corrections institutions and new GS 148-19.3 concerning the sharing of inmate medical information between jails. Both statutes define the Health Information Exchange (Exchange) as a computer‑based medical summary outlining an inmate's medical history recorded by a jail, the person's condition, any treatment reported upon intake, any medical tests undertaken and the results thereof, any medications prescribed or being taken by said inmate, the inmate's vital signs, and any special medical needs or requirements for that inmate. 

Requires every sheriff and prison in North Carolina, by January 1, 2018, and by January 1 for every year thereafter, to certify to the Secretary of the North Carolina State Department of Health and Social Services and the North Carolina Commissioner of Corrections that the jail they administer is part of the Exchange and is using computer‑based medical software by and through which the information described in the above section is being recorded, along with any other information the jail medical provider deems necessary and appropriate. 

Requires each sheriff or Prison Administrator, or the Administrator's designee, to also certify that the software system being used in their jail is designed or approved by a medical doctor with experience in the provision of medical care in a jail or other corrections institution setting and who is licensed to practice medicine in the state. Sets out additional requirements for doctors involved in the design of the software. Requires that the software be capable of recorded inmate data available to those who are responsible for ensuring the provision of medical care to inmates in other jails, or Department of Corrections or Department of Public Safety Corrections facilities, within the state in which the inmate is or may be transferred. Requires that the system be able to either (1) maintain the inmate medical reports on a secure, online database or (2) be capable of printing off a report containing all provided information that may be conveyed manually or by electronic means to another jail and contain a Prison Rape Elimination Act Reporting Module to comply with the requirements of federal legislation.

Specifies that nothing in the statutes is an expansion of any waiver of an inmate's privacy rights in their medical and diagnostic records. Also specifies that no liability, for any injury to persons or property attaches to the designer of the Exchange, nor to the medical doctor approving such program, nor to any person or entity who, in the course of their duties, is using the Exchange.

Makes each prison or jail responsible for ensuring the security of the Exchange database including IT support, cost of the scanner necessary to upload outside medical documents, and any other related support except for software programming or development.

Appropriates from the General Fund to the Department of Public Safety $2,150,000 in nonrecurring funds for 2017‑18 and $750,000 in recurring funds for 2018‑19 to be allocated for the licensing fees, maintenance, integration, and implementation of the necessary software.

Effective July 1, 2017.

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