HOUSE COMMITTEE ON JUDICIARY

 

March 04, 2003   Hearing Room 357

1:00 p.m. Tapes  64 - 65

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Lane Shetterly

 

MEMBER EXCUSED:             Rep. Floyd Prozanski

 

STAFF PRESENT:                  Bill Joseph, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:        

HB 2305 Work Session

HB 2306 Work Session

HB 2307 Work Session

HB 2309 Public Hearing and Work Session

 

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 64, A

129

Chair Williams

Opens meeting at 1:34 p.m. Opens work session on HB 2305.

HB 2305 WORK SESSION

130

Holly Robinson

Legislative Counsel. Gives summary of HB 2305 that revises state policy and requirements for use and disclosure of certain health information. Describes the -1 and the -2 amendments (EXHIBITS A and B).

180

Rep. Krummel

Asks about the definition “medical provider.”

200

Robinson

Refers to the definition in the bill and to the amendments.

210

Vice Chair Anderson

Comments on dental insurance.

240

Robinson

Replies about “dental only” in the bill.  Explains the challenge of how to make Health Insurance Portability and Accountability Act (HIPAA) work in Oregon. 

160

Gwen Dayton

General Counsel, Oregon Association of Hospitals and Health Systems and member of the SB 104 Committee. Supports the -1 and -2 amendments to HB 2305.  Says the SB 104 committee supports the amendments and submits written testimony (EXHIBIT C).

300

Richard Lane

Oregon Trial Lawyers Association. Submits testimony and explains objections to the amendments (EXHIBIT D).

320

Chair Williams

Wants the concerns expressed on these bills to be heard.

330

Rep. Macpherson

Comments that HB 2305, 2306, 2307, and 2309 are unclear to him. Remarks that these bills seem to run parallel to the federal Health Insurance Portability and Accountability Act (HIPAA) requirements.  Asks why are we creating state law parallel to the federal structure.

359

Robinson

Replies that Oregon has ORS 192.525, policy on access to medical records. Explains the work group decided not to repeal that law and put HIPAA in its place. Explains the work group decided to create policy parallel to the federal level at the state level. Explains the similarities and differences between federal policy and state law.

TAPE 65, A

009

Rep. Macpherson

Comments that diverting from the federal HIPAA statute causes departure in language which may cause substantive changes. Refers to the discrepancies brought up.  Asks how satisfactorily the Oregon statutes reflect the federal laws.

016

Robinson

Answers, giving examples of how Medicaid, state laws, and administrative rules meld together in health areas and in other areas to reflect the state’s needs. Confirms she is comfortable with the federal and state parallel in these bills.

082

Rep. Krummel

Asks if state and federal statutes conflict, does federal statute prevail.

092

Dayton

Replies, yes, generally.  

104

Rep. Krummel

Asks about the “health care provider,” page 2, line 38.  States the athletic trainers in the U.S. have concerns with HIPAA.

160

Lane

Says there is nothing in HB 2305 to cover certain obligations.

180

Rep. Shetterly

Wants further discussion in the Senate regarding this issue.

190

Vice Chair Anderson

Describes the local practitioner concern. Asks if there is provision for a good faith mistake in these bills.

208

Dayton

Answers not for a good faith mistake, however, the federal government will provide a graduated level of fines. Says HIPAA will be enforced by complaints as opposed to investigation.

214

Rep. Jenson

Asks about Section 1 of the original bill. Asks about “individual” protection. Asks if “individual” is the same throughout.

238

Robinson

Answers the individuals are all the same under protection.

220

Chair Williams

MOTION:  Moves to ADOPT HB 2305-2 amendments dated 03/04/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Prozanski

222

Chair Williams

Hearing no objection, declares the motion CARRIED.

223

Chair Williams

MOTION:  Moves HB 2305 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Prozanski

225

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

228

Chair Williams

Closes work session on HB 2305.  Opens work session on HB 2306.

HB 2306 WORK SESSION

230

Holly Robinson

Legislative Counsel.  Explains HB 2306 that revises state information privacy requirements for certain health insurers including the use and disclosure of certain health information. Describes the -1 and -2 amendments (EXHIBITS E & F).

360

Molly Burns

SB 104 work group. Comments on the intent under section 18-a of the  -2 amendments.

369

Richard Lane

Oregon Trial Lawyers Association. Raises definitional objections to HB 2306. Supports the -2 amendments.

372

Rep. Shetterly

MOTION:  Moves to ADOPT HB 2306-2 amendments dated 03/04/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Prozanski

374

Chair Williams

Hearing no objection, declares the motion CARRIED.

375

Rep. Shetterly

MOTION:  Moves HB 2306 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Prozanski

378

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

379

Chair Williams

Closes work session on HB 2306.  Opens work session on HB 2307.

HB 2307 WORK SESSION

410

Holly Robinson

Legislative Counsel. Explains HB 2307 that revises requirements for disclosure of, or access to certain health information to conform to federal law relating to privacy of health information. Explains the 2307-1, 2307-2 and 2307-3 amendments.(EXHIBITS G - I)

TAPE 64, B

004

Rep. Shetterly

Asks if school districts fall under this bill. Would HIPAA provide a broader definition to include school districts?

020

Robinson

Answers, no. Describes how the work group exchanged one list of public providers for another. Mentions FERPA, Federal Education Records Act.

036

Rep. Jenson

Asks if there will be distinctions between schools providing health clinics.

038

Robinson

Replies HB 2307 does not go into those programs.

041

Rep. Krummel

Asks where they go.

044

Robinson

Discusses programs not covered by HIPAA.  School-provided health is a separate subject.

047

Neil Bryant

SB 104 Committee Chair.  Refers to school providers who must pass a test to become a covered entity.  If it is FERPA, an educational record, it is excluded from HIPPA. 

067

Dayton

Explains how school clinics are affected by these bills.

076

Rep. Krummel

Gives example of students with disabilities and how physical education relates to health issues in these cases.

091

Dayton

Answers it is excluded from HIPAA because PE teachers are not a covered entity.

089

Rep. Krummel

Gives another example of how injury to a disabled student and subsequent treatment by a school nurse would be viewed as a health record.

100

Robinson

Answers that it depends on several things. Says school areas are the most unclear.

119

Rep. Krummel

Asks about legislative intent between school issues and health issues.

150

Richard Lane

Oregon Trial Lawyers Association.  Says of HB 2307, there are definitional concerns about how HIPAA defines psycho-therapy notes.  Asks for consistency.   

155

Chair Williams

Asks that they continue work on definitional issues.

160

Chair Williams

MOTION:  Moves to ADOPT HB 2307-3 amendments dated 03/04/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Prozanski

166

Chair Williams

Hearing no objection, declares the motion CARRIED.

175

Chair Williams

MOTION:  Moves HB 2307 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Prozanski

177

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

178

Chair Williams

Closes work session on HB 2307.  Opens public hearing on HB 2309.

HB 2309 PUBLIC HEARING

242

Kelly Hagan

SB 104 Committee. Explains HB 2309 that requires physicians and psychologists to provide certain information to court visitors in protective proceeding (EXHIBIT J).

300

Jennifer Wright

Professor of Law, Willamette University.  Refers to HB 2309 as it affects ORS Ch 125. Explains there was a major change to ORS 125 without discussions with parties. Explains the -1 amendments imply new authority of the court; supports the -2 amendments

(EXHIBITS  K & L).  

TAPE 65, B

007

Meredith Cotey

Director, Office of the Long-term Care Ombudsman, a health oversight agency under HIPAA.  Works with guardianships and shares the concern that a respondent might lose medical privilege without protection.  Supports HB 2309 with the -2 amendments.

015

Hagan

Recounts that most physicians, when approached by a court visitor, discuss patients’ mental health issues in the best interest of the patients. 

068

Rep. Macpherson

Asks if there is the same timeline for action to HB 2309 as the previous bills.

077

Hagan

Replies, yes, because of the way the statute is written.

090

Wright

Says the concern is with people affected by ORS 125 under the guardianship laws.

105

Rep. Macpherson

Reiterates that HIPAA will become active to these issues in April.

120

Wright

Answers there would be no conflict under state law because there is nothing that obligates doctors to speak to visitors under Oregon guardianship law.

130

Vice Chair Ackerman

Asks if the primary concern is about the medical privilege the party would have if his mental state was at issue in a guardianship proceeding.

150

Wright

Answers that is correct.  Privilege may have been waived.

153

Vice Chair Ackerman

Refers to the 14-day advance notice to the patient and his attorney and medical provider to object.

167

Wright

Answers she does not oppose HB 2309 with the -2 amendments.

182

Barbara Jones Hayes

Citizen. Expresses concern about doctors misdiagnosing cases which can leave a patient without due process.

210

Richard Lane

Oregon Trial Lawyers Association. Supports HB 2309 with the -2 amendments.

215

Chair Williams

Closes public hearing on HB 2309.  Opens work session on HB 2309.

HB 2309 WORK SESSION

216

Chair Williams

MOTION:  Moves to ADOPT HB 2309-2 amendments dated 03/04/03.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Jenson, Prozanski

218

Chair Williams

Hearing no objection, declares the motion CARRIED.

219

Chair Williams

MOTION:  Moves HB 2309 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Jenson, Prozanski

221

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

222

Neil Bryant

Chair of the SB 104 Committee. Submits response to committee members’ questions (EXHIBIT M).

230

Chair Williams

Closes work session on HB 2309. Adjourns meeting at 3:10 P.M.

 


 

 

EXHIBIT SUMMARY

 

A – HB 2305-1 amendments, staff, 1 p

B – HB 2305-2 amendments, staff, 3 pp

C – HB 2305 – HB 2309, written testimony, Gwen Dayton, 3 pp

D – HB 2305 – HB 2309, written testimony, Richard Lane, 3 pp

E – HB 2306-1 amendments, staff, 1 p

F – HB 2306-2 amendments, staff, 1 p

G – HB 2307-1 amendments, staff, 1 p

H – HB 2307-2 amendments, staff, 2 pp

I -   HB 2307-3, amendments, staff, 2 pp

J –  HB 2309, written testimony, Kelly Hagan, 3 pp

K – HB 2309-1 amendments, staff, 3 pp

L – HB 2309-2 amendments, staff, 3 pp

M –SB 104 Committee, written testimony, Neil Bryant, 4 pp