March 29, 2005
ENGROSSED
SENATE BILL No. 330
_____
DIGEST OF SB 330
(Updated March 28, 2005 1:08 pm - DI 77)
Citations Affected: IC 26-2.
Synopsis: Electronic health care transactions. Authorizes the use of
electronic signature authentication and identification with respect to
individually identifiable health information. Establishes permitted
features of an electronic signature authentication and identification
system that is used for certain transactions involving individually
identifiable health information.
Effective: July 1, 2005.
January 6, 2005, read first time and referred to Committee on Economic Development and
Technology.
February 22, 2005, amended, reported favorably _ Do Pass.
February 28, 2005, read second time, ordered engrossed. Engrossed.
March 1, 2005, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
March 14, 2005, read first time and referred to Committee on Public Health.
March 28, 2005, reported _ Do Pass.
March 29, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 330
A BILL FOR AN ACT to amend the Indiana Code concerning
commercial law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 26-2-8-116; (05)ES0330.1.1. -->
SECTION 1. IC 26-2-8-116 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Sec. 116. (a) As used in this section, "authorization"
means a consent, an approval, or an authorization between an
individual and a person.
(b) As used in this section, "electronic identification" means the
electronic identification system for form, location, and
endorsement that is specified in subsection (d).
(c) Electronic signature authentication and identification may
be used for an individual who participates in agreements,
authorizations, contracts, records, or transactions that involve
individually identifiable health information, including medical
records and record keeping, transfer of medical records, medical
billing, health care proxies, health care directives, consent to
medical treatment, medical research, and organ and tissue
donation or procurement.
(d) The electronic authentication and identification under
subsection (c) may be accomplished by an interactive system of
security procedures that include any of the following:
(1) A tamper proof electric appliance that receives input of
unique identification numbers, unique biometric identifiers,
or location devices.
(2) A computerized authentication process for biometric
identifiers that is linked to the appropriate identification
numbers upon receipt of the identifiers.
(3) Transmission of verification of the identifiers to a securely
maintained electronic repository.
No provision in this section may be construed to supersede or
preempt applicable federal and state law, including the Indiana
Uniform Electronic Transactions Act (IC 26-2-8), the Health
Insurance Portability and Accountability Act of 1996 and
associated regulations, and 21 CFR Part 11.