HOUSE COMMITTEE ON

AUDIT & HUMAN SERVICES BUDGET REFORM

 

 

February 19, 2003   Hearing Room 50

3:00PM Tapes  32 - 33

 

MEMBERS PRESENT:            Rep. Ben Westlund, Chair

Rep. Steve March, Vice-Chair

Rep. Susan Morgan, Vice Chair

Rep. Jeff Kruse

Rep. Jeff Merkley

Rep. Alan Bates

 

MEMBER EXCUSED:            Rep. Randy Miller

 

GUEST MEMBERS:               Rep. Gordon Anderson

                                                Rep. Laurie Monnes Anderson

                                                Rep. Mitch Greenlick

 

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 32, A

001

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

003

Dayton

Introduces herself and Paul Frisch.

006

Frisch

Gives an overview of his presentation materials (EXHIBIT A) (EXHIBIT B) (EXHIBIT C) and begins presentation.

050

Rep. March

Makes recommendations that they make the print on their forms larger for their readers.

067

Frisch

Comments that there is a disk in the binder for them to use and to customize.  Continues presentation.

191

Monnes Anderson

Asks if a separate are for files for AIDS and etc., is what they are referring to.  Asks what exactly is the issue here.

208

Dayton

Responds to the question about separate files.

250

Rep. Merkley

Asks why the information is not being sent to the Oregon Health Plan.

261

Frisch

Responds to information being sent to the OHP.

274

Rep. Merkley

When you expressed your sense of discomfort with this, and yet it doesn’t show this is a change to current practice, could you expand on your thinking a little bit.

278

Frisch

Give explanation of his thinking of this.

295

Rep. Merkley

The question was about your discomfort.

300

Frisch

Explains his discomfort.

308

Rep. Greenlick

Understands the authorization to use it for quality assurance is limited in fact to that use only and elaborates.

315

Frisch

Responds and makes comments.

325

Rep. Greenlick

Relates a personal experience with these types of forms and asks if the service will be effected by the new rules.

340

Dayton

Comments about how the personal experience was done incorrectly.

351

Rep. March

Relates what he thinks HIPAA is trying to do.

360

Dayton

Responds to what is happening with HIPAA in these instances.

371

Frisch

Makes comments as well.

Tape 33, A

006

Dayton

Starts her presentation and explains the material she has provided. (EXHIBIT D).

116

Rep. Kruse

Asks how you exchange information if it is not mandatory within HIPAA guidelines.

124

Dayton

Responds to the exchange of information.

126

Rep. Kruse

Asks if you are still requiring the patients to ok the exchange of information.

134

Dayton

Responds yes, and elaborates.

135

Rep. Kruse

Asks if that is dropping hits and skirting the issue, there is tons of shaky ground here.

140

Dayton

Responds and elaborates.

160

Rep. Kruse

Asks just a couple more questions for clarification.

165

Dayton

Answers the questions.

171

Rep. Monnes Anderson

Asks if the provider can give immunization history over the phone to another nurse.

184

Frisch

Responds that immunization falls into the exception category.  Continues presentation.

250

Rep. Kruse

Asks if this becomes a problem for electronic prescriptions.

256

Frisch

Responds that the final security rule is not that onerous.

269

Rep. Kruse

Responds that there is no unbreakable fire wall.  It would be a shame if it interferes with electronic prescriptions.

284

Frisch

Responds that he does not think the rules will get in the way and elaborates.

302

Rep. March

Asks who all is covered in this program when it comes to sharing information.

315

Chair Westlund

Asks what if you are a physician off the job. e.g. a legislator.

320

Dayton

Yes, if you are a physician you are covered, but as a legislator no.

340

Chair Westlund

Asks for some perspective of how real this is going to be down the road.

354

Frisch

Responds to the question and give perspective of how real the rules are.

380

Dayton

Agrees with Paul Frisch and elaborates.

Tape 32, B

011

Rep. Kruse

Will do not need HIPAA police and questions if there are huge down sides to this.

022

Dayton

Responds to the comments and elaborates that they are working on what they call HIPAA paralysis.

025

Monnes Anderson

Makes comments about personal experience with other colleagues in regards to HIPAA.

036

Frisch

Remarks and elaborates with his comments about sharing this with one person at a time.

066

Rep. Greenlick

Asks if there other components of HIPAA that are effecting the state.

081

Frisch

Responds to other components of HIPAA that might effect the state.

093

Frisch

Responds and elaborates.

 

 

 

120

Chair Westlund

Closes informational meeting adjourns 4:18pm

 

 

EXHIBIT SUMMARY

 

A – Informational, A Day in the Life of Dr. Mum, Paul Frisch,  4 pp

B – Informational, TPO Matrix, Paul Frisch, 7 pp

C – Informational, IPAA Preemption of Oregon Law, Gwen Dayton, 38 pp

D – Informational, Joint Notice of Privacy Practices, Gwen Dayton, 10 pp