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H0628.................................................by HEALTH AND WELFARE
ASSISTED LIVING FACILITIES - Adds to existing law to provide that
electronic signatures are acceptable under conditions specified in records
related to licensed residential or assisted living facilities, including
certified family homes.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
02/19 Rpt out - to Gen Ord
02/20 Rpt out - Ret'd to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 628
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO LICENSED RESIDENTIAL OR ASSISTED LIVING FACILITIES, INCLUDING CER-
3 TIFIED FAMILY HOMES; AMENDING CHAPTER 35, TITLE 39, IDAHO CODE, BY THE
4 ADDITION OF A NEW SECTION 39-3581, IDAHO CODE, TO PROVIDE THAT ELECTRONIC
5 SIGNATURES ARE ACCEPTABLE UNDER THE CONDITIONS SPECIFIED IN RECORDS
6 RELATED TO FACILITIES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 35, Title 39, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 39-3581, Idaho Code, and to read as follows:
11 39-3581. ELECTRONIC SIGNATURES. For all purposes of licensed residential
12 or assisted living facilities, including certified family homes, an electronic
13 signature shall be accepted as a legal signature when the following safeguards
14 are in place:
15 (1) Facility policy and procedures identify how an electronic signature
16 is assigned and how associated staff persons' identities are protected;
17 (2) The audit trail is available regarding the identity of the person who
18 made the entry along with date and time;
19 (3) Facility policy and procedures identify how passwords are assigned
20 and the frequency with which they are changed;
21 (4) All entries shall include date, time, name, and title of the person
22 making the entry. A person may not sign only one (1) note per shift unless
23 that is the only entry made;
24 (5) All electronic records must be able to be printed in the facility at
25 the request of the resident, legal guardian, payer or survey agency;
26 (6) Facility policy and procedures shall identify the process for
27 cosignatures, if needed;
28 (7) Electronic records with appropriate electronic signatures are avail-
29 able to all caregivers when on duty at all times; and
30 (8) Processes, systems and policy and procedures to provide continuity of
31 care and documentation are available in the event of system failure.
STATEMENT OF PURPOSE
RS 13905C1
The purpose of this bill is to allow for the use of electronic
signatures in documentation management systems in assisted living
residences. Electronic signatures may be used for both
documentation maintenance, and where applicable, for transfer of
information from the residences to the Department of Health and
Welfare for documentation verification and the documentation
verification portion of the survey process. When done properly,
the use of electronic signatures not only increases efficiencies
for both the facilities and the Department, but provides
increased accountability, security and documentation
verification. An appropriate electronic signature procedure
provides not only a signature, but an indelible electronic "paper
trail" of the time, date and location of the signature.
Electronic signatures allow for more efficient changes in
contractual documentation and signature transfer between the
residence, the resident and where applicable, family members.
This allows for more person-centered care, changing agreements in
a timely manner as a resident needs or desires change.
In the past 8 months almost 20% of assisted living residences in
Idaho adopted some form of web-based documentation management and
the number of facilities using web-based documentation management
systems is growing rapidly. Both the Department and residences
benefit from increased efficiencies including quicker, less
expensive transfer of documentation and the potential to complete
large portions of the assisted living oversight process on-line,
from state offices, reducing both time and travel expenses for
the Department.
FISCAL IMPACT
Potential indeterminate savings.
Contact
Name: Michelle Glasgow, Executive Director Assisted Living
Association
Phone: 375-4148
STATEMENT OF PURPOSE/FISCAL NOTE H 628