HOUSE COMMITTEE ON

 AUDIT & HUMAN SERVICES BUDGET REFORM COMMITTEE

 

 

February 18, 2003   Hearing Room 50

3:00PM Tapes  30 - 31

 

MEMBERS PRESENT:            Rep. Ben Westlund, Chair

Rep. Steve March, Vice-Chair

Rep. Jeff Kruse

Rep. Jeff Merkley

Rep. Alan Bates

 

MEMBER EXCUSED:             Rep. Randy Miller

                                                Rep. Susan Morgan, Vice Chair

 

GUEST MEMBERS:               Rep. Laurie Monnes Anderson

                                                Rep. Gordon Anderson       

                                                Rep. Mitch Greenlick

                                                Rep. Carolyn Tomei

 

STAFF PRESENT:                  Rick Berkobien, Committee Administrator

Kelly Fuller, Committee Assistant

 

INVITED TESTIMONY:  Gwen Dayton, Association of Hospitals and Health Care Systems

                                          Paul Frisch, Oregon Medical Association

 

ISSUES HEARD:            Informational Meeting

                                    “Medical Privacy in the Hospital and Physician Office Settings:  How the

                                    Federal Privacy Regulation will Impact Healthcare Delivery in Oregon after

                                    April 14, 2003”

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

Tape 30, A

005

Chair Westlund

Calls meeting to order and introduces Gwen Dayton, Association of Hospitals and Health Care Systems and Paul Frisch, Oregon Medical Association and opens informational meeting.

INFORMATIONAL MEETING

010

Paul Frisch

Begins presentation with a slide show and gives his handouts. (EXHIBIT A)

269

Rep. Anderson

Asks what the budget for enforcement HIPAA (Health Insurance Portability Accountability Act) is.

271

Frisch

Responds with the budget figures for HIPAA.

275

Rep. Greenlick

Asks if there is anything in your materials that HIPAA in enforcing that you would not have toured offices and commented on years ago.

283

Frisch

Responds about HIPAA then and now.

300

Rep. Bates

Asks a question about employees getting into other employees medical files.

329

Dayton

Comments about employees on getting into other employees files.

334

Frisch

Makes comments about policies and procedures under HIPAA.

351

Dayton

Begins her presentation with an brief overview of how the system works. (EXHIBIT B)

TAPE 31,A

083

Kruse

Asks questions about what you can get over the phone when there is an emergency.

095

Dayton

Responds and continues.

116

Rep. Kruse

Gives a scenario about someone coming in and needing information.

145

Dayton

Responds about the information you can give and continues presentation.

177

Rep. Bates

Asks if you have to get permission from the patient to give the blood information out.

180

Dayton

Responds that she doesn’t think so.

189

Frisch

Makes comments about what is required by law.

194

Dayton

Discusses making disclosures mandatory as the law.

210

Kruse

Makes comments about blood alcohol levels if pulled over.

220

Dayton

Answers about the blood samples and continues presentation

320

Rep. Kruse

Comments that you are assuming you don’t have to get permission to release his information.

328

Dayton

Comments about releasing information.

343

Rep. Greenlick

Makes comments about privacy issues

350

Dayton

Comments that this raises the minimum necessity issue and elaborates.

359

Rep. Greenlick

Asks who owns the data, is it owned by the hospital or the patient.

370

Dayton

Talks about patients rights to access information.

380

Frisch

Talks about how they were trying to give the patient more input into how their information is used.

393

Greenlick

Asks if the hospital can use it for anything that is not prohibited.

399

Frisch

Makes comments about the major grounds for discipline.

405

Dayton

Continues and discusses patient rights.

TAPE 30, B

001

Dayton

Continues.

042

Frisch

Talks about his presentation for tomorrow.

073

Rep. Kruse

Asks questions about what a small physicians office will do if they get someone with another language into their offices and don’t have interpreting.

080

Frisch

Comments and responds to the question about interpreters.

095

Rep. Kruse

Asks if there is anything the legislature can do to change the HIPAA rules now.

100

Dayton

Comments that HIPAA rules are now cast in stone.

103

Rep. Kruse

Asks if they have any estimates about what this is going to cost.

122

Chair Westlund

Asks how much will this cost in Oregon only.

128

Frisch

Responds with estimated costs.

130

Chair Westlund

Wants to know where this came from and what is the history of this.

135

Dayton

Relates her comments about the history of HIPAA.

143

Frisch

Elaborates with his comments about the history of HIPAA.

177

Rep. March

Would like more information about Oregon laws and any costs how this relates to the Oregon Health Plan.

 

Chair Westlund

Closes the informational meeting and adjourns 4:43 pm

 

 

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A – Informational, Oversized Exhibit, HIPAA Binder, Paul Frisch 

B – Informational, Oregon Association of Hospitals and Health Systems, Paul Frisch, 21 pp