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Reference Committee G: Resolution 701a-03: Physician Electronic Medical Record
Network
Resolution 701a-03: Physician Electronic Medical Record Network RESOLVED: That CMA make recommendations regarding a physician-controlled, clinically based, unified, open, compatible and interoperable Electronic Medical Record that meets HIPAA and all regulatory requirements. ACTION: Substitute adopted Resolution 702-03: HIPAA And Due Process For Physicians RESOLVED: That the California Delegation to the AMA request that AMA sponsor or support measures that would ensure due process for physicians accused of violating HIPAA regulations. ACTION: Adopted Resolution 703-03: HIPAA Assistance RESOLVED: That CMA publicize and provide detailed information on how to remain a non-covered entity relative to HIPAA. ACTION: Adopted as amended Resolution 704a-03: Collection And Use Of Aggregated Medical Data RESOLVED: That CMA develop general principles for the collection and use of aggregated medical information and that there be adequate physician oversight of the process and appropriate protections to secure the confidentiality of patient information; and be it further RESOLVED: That CMA recommend the appropriate analytical methods to be employed in interpreting the aggregated medical information, such as risk adjustment, statistical validity, cost/benefit analysis of medical treatment, and ensure the reliability of the data sources which are used to promote quality health care. ACTION: Substitute adopted Resolution 705-03: Mis-Use Of DEA Registration Numbers RESOLVED: That CMA support legislation or regulations to prevent insurance companies and other entities from using DEA registration numbers for identification of physicians; and be it further RESOLVED: That this matter be referred for national action. ACTION: Adopted as amended Resolution 706-03: Multiple Refills Of Prescription Drugs RESOLVED: That CMA work with the California Department of Managed Health Care and the California Board of Pharmacy to require health plans to allow patients to purchase more than a month’s supply of prescription drugs. ACTION: Reaffirmed Resolution 707-03: Reducing The Frequency Of Prescription Refills RESOLVED: That patients and physicians be given the option of obtaining prescription refills at a frequency as determined by the treating physician; and be it further RESOLVED: That this matter be referred for national action. ACTION: Adopted as amended Resolution 708-03: Prescription Drugs From Foreign Countries RESOLVED: That CMA encourage the passage of legislation allowing Californians to purchase and import brand name pharmaceuticals for their own use from foreign countries. ACTION: Adopted as amended Resolution 709-03: Excessive CLIA Fees For Waived Tests RESOLVED: That CMA support adjustments in CLIA fees to accurately reflect the cost of oversight of each class of certification; and be it further RESOLVED: That this matter be referred for national action. ACTION: Adopted as amended Resolution 710-03: Pharmacy Consultation Fees For Emergency Contraception RESOLVED: That CMA support legislation that prohibits a pharmacist’s consultation fee when Emergency Contraception is dispensed; and be it further RESOLVED: That CMA oppose the expansion of the scope of practice to allow pharmacists to become prescribers of emergency contraception. ACTION: Adopted as amended Resolution 711-03: Interpreter Costs For Limited English Proficient Patients RESOLVED: That CMA take every necessary measure to work within our State, and with the AMA on the national level, to find a solution to the problem of providing interpretative services that contains a mechanism for the government to finance such services directly in a manner that omits the physician from the fiscal burden of either paying for such services or acting as a conduit for the payment to any interpreter for services rendered. ACTION: Reaffirmed Resolution 712-03: Limited English Proficiency And Interpreter Costs RESOLVED: That CMA is committed to cultural and linguistic sensitivity in the provision of medical care and believes that effective communication with patients is essential to quality care, access to care and assuring a patient’s compliance with treatment plans, all of which are important to the delivery of good health care with successful outcomes; and be it further RESOLVED: That CMA will continue to inform its membership via its publications and programs of the many resources currently available to assist physicians and their office staffs in addressing the cultural and language needs of their patients; and be it further RESOLVED: That CMA will work with other stakeholders including, but not limited to, those involved in The California Endowment’s Medical Leadership Council on Language Access, in identifying policy options that will lead to funding of interpreter services for limited English proficient patients in California; and be it further RESOLVED: That CMA take a leadership role in forming an advocacy coalition for whichever interpreter funding policy is identified by CMA is most beneficial to patients and physicians, including but not limited to proposals developed in cooperation with the members of The California Endowment’s Medical Leadership Council on Language Access; and be it further RESOLVED: That CMA reaffirm that the cost of providing interpreter services must not be borne by physicians; and be it further RESOLVED: That physicians who are unable to locate an interpreter are not to be penalized for proceeding with the provision of care for that patient; and be it further RESOLVED: That CMA promptly explore legal options and press for regulatory relief so as to obtain a change in the regulation requiring payment by the physician for interpreter services in the medical office and/or clinic. Failing that, CMA should use its political influence to initiate legislation to effect relief, either by elimination of this requirement or federal/state payment for such services; and be it further RESOLVED: That CMA explore the constitutionality of the interpreter requirement under the equal protection clause of the Constitution; and be it further RESOLVED: That there be a report back to the House of Delegates in 2004. ACTION: Adopted as amended Resolution 713-03: Physician Well-Being RESOLVED: That CMA shall make available space on the CMA website to post events and items aimed at preserving and fostering well-being for physicians; and be further RESOLVED: That CMA urge members to participate in state-of-the-art physician well-being activities in California, and seek opportunities to educate members on the problems of physician impairment; and be it further RESOLVED: That CMA endorse and promote programs relevant to physician well-being so that physicians may find support within their own medical communities, with no cost to CMA; and be it further RESOLVED: That CMA urge each county medical society to encourage the formation of physician well-being groups in each county, so that all physicians may have an opportunity to participate; and be it further RESOLVED: That CMA support and encourage well-being programs in medical school and CME training that help enhance physicians' medical practice experience. ACTION: Adopted as amended Resolution 714a-03: California Organ Donor Registry RESOLVED: That CMA support legislation to establish a California Organ and Tissue Donor Registry. ACTION: Substitute adopted Resolution 715-03: Patient Dignity ACTION: Not adopted Resolution 716a-03: Permanent Disabled Parking Permits RESOLVED: That CMA educate physicians on the appropriate use and certification of disabled parking permits. ACTION: Substitute adopted Note: No resolution was assigned as Resolution
717-03 Resolution 718-03: Elimination Of The "48 Hour Rule" In Title 22 RESOLVED: That CMA, as a high priority, pursue legislation or regulation to eliminate the 48 hour requirement for authentication of drug orders; and be it further RESOLVED: That CMA revise the Model Medical Staff Bylaws on drug orders once the law or regulation is changed. ACTION: Adopted as amended Report G-1-03: Policy Review RECOMMENDATION: THAT THE FOLLOWING POLICIES BE PERMITTED TO EXPIRE: Resolutions 707a-85; 905a-85; 210a-87; 408-87; 911-87; 1007a-87; 220-88 and 503-88. ACTION: Recommendation adopted
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