SENATE COMMITTEE ON JUDICIARY

April 01, 2003 Hearing Room 343

8:00 a.m. Tapes 79-81

MEMBERS PRESENT: Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

STAFF PRESENT: Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: SB 136 Work Session

SB 255 Work Session

SB 259 Work Session

SB 397 Work Session

HB 2305A Public Hearing

HB 2306A Public Hearing

SB 70 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 79, A
003	Chair Minnis	Calls the meeting to order at 8:10 a.m. and opens a work session on SB 136.
SB 136 WORK SESSION
010	Bill Joseph	Committee Counsel. Introduces SB 136 that permits Secretary of State to cancel or refuse to accept certain wrongful filings under Uniform Commercial Code-Secured Transactions.
017	Peter Threlkel	Secretary of State’s Office. Introduces the -3 amendments to SB 136 (EXHIBIT A).
050	Chair Minnis	Asks for a review of the process.
053	Threlkel	Explains what will happen if the bill becomes law.
087	Sen. Ferrioli	Says we should accept these filings.
098	Vice Chair Burdick	MOTION: Moves to ADOPT SB 136-3 amendments dated 03/21/03.
		VOTE: 6-0
102	Chair Minnis	Hearing no objection, declares the motion CARRIED.
105	Vice Chair Burdick	MOTION: Moves SB 136 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
107	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
113	Chair Minnis	Closes the work session on SB 136 and opens a work session on SB 255.
SB 255 WORK SESSION
114	Bill Joseph	Committee Counsel. Introduces the -1 amendments to SB 255 that requires veterinarians to report suspected aggravated animal abuse (EXHIBIT B).
126	Marcia Keith	Oregon Veterinary Medical Association. Explains the -1 amendments.
167	Sen. Walker	Asks why original language was deleted.
169	Keith	Explains that there was an issue with the reporting.
183	Vice Chair Burdick	MOTION: Moves to ADOPT SB 255-1 amendments dated 03/06/03.
		VOTE: 6-0
188	Chair Minnis	Hearing no objection, declares the motion CARRIED.
190	Vice Chair Burdick	MOTION: Moves SB 255 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
192	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. SCHRADER will lead discussion on the floor.
194	Chair Minnis	Closes the work session on SB 255 and opens a work session on SB 259.
SB 259 WORK SESSION
200	Bill Joseph	Committee Counsel. Introduces SB 259 that requires person requesting inspection of public record that person knows relates to claim against public body to notify attorney for public body of request.
211	Sen. Ringo	Asks about the notification requirement.
226	Mark Landauer	City of Portland. Says notice has to be given to the public body’s attorney once the notice has been filed that a claim against that public body will be taken.
260	Vice Chair Burdick	Clarifies that this does not apply to news media requests.
277	Sen. Ferrioli	Discusses the request form and the paper trail required.
297	Vice Chair Burdick	MOTION: Moves SB 259 to the floor with a DO PASS recommendation.
		VOTE: 6-0
300	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor.
303	Chair Minnis	Closes the work session on SB 259 and opens a work session on SB 397.
SB 397 WORK SESSION
305	Bill Joseph	Committee Counsel. Introduces SB 397 and the -1 amendments (EXHIBIT C).
336	Vice Chair Burdick	MOTION: Moves to ADOPT SB 397-1 amendments dated 03/17/03.
		VOTE: 6-0
340	Chair Minnis	Hearing no objection, declares the motion CARRIED.
341	Vice Chair Burdick	MOTION: Moves SB 397 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
346	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
348	Chair Minnis	Closes the work session on SB 397 and opens a public hearing on HB 2305A, 2306A.
HB 2305A & HB 2306A, PUBLIC HEARING
357	Neil Bryant	Bend, OR. Submits testimony and introduces HB 2305A, that revises state policy and requirements for use and disclosure of certain health information; HB 2306A that revises information privacy requirements for certain health insurers; HB 2307A that revises requirements for disclosure of or access to certain health information to conform to federal law relating to privacy of health information; and HB 2309A that allows physician or psychologist with patient authorization or court order to provide certain information to court visitor in protective proceeding (EXHIBIT D).
TAPE 80, A
072	Gwen Dayton	Vice President, Oregon Association of Hospitals and Health Systems. Submits testimony and testifies in support of HB 2305A (EXHIBIT E).
170	Chair Minnis	Asks if there are new amendments to HB 2305A.
174	Dayton	Says there are -3A amendments that clarify language in the authorization form (EXHIBIT F). Continues section-by-section overview of HB 2305A.
201	Sen. Ringo	Asks if Section 6 on page 6 overturns a 1985 case.
211	Dayton	Says it does not.
230	Sen. Ringo	Asks for clarification of the “Humpfers" case.
215	Dayton	Explains the case and the release of medical records without permission.
270	Sen. Ringo	Asks if the Health Insurance Portability and Accountability Act (HIPAA) prevents a private cause of action.
262	Dayton	Explains that it does not try to create a private cause of action. Continues her overview of the bill by section.
349	Chair Minnis	Refers to Section 3 on page 4 and asks if the language is directly out of the federal act.
353	Dayton	Replies that the concept is, but not expressed word-for-word.
361	Chair Minnis	Believes that Section 3, subsection 3 on page 4, is loosely structured.
368	Dayton	Explains the key to Section 3 is in the definitions of terms.
422	Chair Minnis	Asks about covered entities.
429	Dayton	Explains what they are.
444	Sen. Walker	Asks about the notices being sent out by all health care providers.
455	Dayton	Explains the notice of privacy practices.
TAPE 79, B
039	Sen. Walker	Asks if the notice requirement is being dealt with in these HIPAA bills.
042	Dayton	Explains that HB 2306A deals with these notices.
063	Sen. Ringo	Asks about the fees for health care information referred to in Section 4 on page 5.
067	Dayton	Explains that reasonable costs are a part of Oregon law.
089	Sen. Ringo	Talks about the wide variety of charges when asking for medical records in his law practice.
098	Dayton	Says it would now be a HIPAA violation.
110	Sen. Ringo	Asks about the penalties for violation.
129	Dayton	Says enforcement of HIPAA is complaint driven, and enforced by the Federal Department of Health and Human Services. Explains the penalties.
163	Sen. Ringo	Expresses his concern with enforcement.
171	Dayton	Explains that currently the State does not have duel enforcement authority.
184	Vice Chair Burdick	Agrees that there should be some private cause of action.
196	Dayton	Explains that HIPAA is not being taken lightly.
227	Molly Burns Herrmann	Kaiser Permanente. Submits testimony and testifies in support of SB 2306A (EXHIBIT G).
350	Vice Chair Burdick	Asks if the Department of Consumer Business Services rule making authority allows adoption of a template form.
362	Herrmann	Believes that they do.
392	Vice Chair Burdick	Expresses concern about the complexity of this bill.
402	Herrmann	Explains that the requirements of HIPAA are fairly uniform.
447	Sen. Walker	Expresses concern about the forms being too lengthy.
470	Herrmann	Explains the difficulty in shortening and simplifying the forms.
TAPE 80, B
032	Chair Minnis	Closes the public hearing on HB 2305A and HB 2306A and opens a work session on SB 70.
SB 70 WORK SESSION
041	Bill Taylor	Committee Counsel. Introduces SB 70 that creates procedure for establishment of guardianship in juvenile court and the -2 amendments (EXHIBIT H).
056	Vice Chair Burdick	MOTION: Moves to ADOPT SB 70-2 amendments dated 03/17/03.
		VOTE: 6-0
088	Chair Minnis	Hearing no objection, declares the motion CARRIED.
089	Vice Chair Burdick	MOTION: Moves SB 70 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
092	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
095	Chair Minnis	Closes the work session on SB 70 and re-opens the public hearing on SB 2306A.
HB 2306A PUBLIC HEARING
098	Molly Burns Herrmann	Kaiser Permanente. Continues review of HB 2306A and the –A3 amendments (EXHIBIT I)
235	Richard Lane	Oregon Trial Lawyers Association. Testifies in opposition to HB 2306A. Says Federal HIPAA law will be implemented on April 14, 2003.
335	Vice Chair Burdick	Asks about protectiveness through state law versus federal law.
350	Lane	Says that denial of the private cause of action for a violation of State law is removed.
384	Vice Chair Burdick	Asks if a solution might be to make reference to Federal rule.
390	Lane	Says it would be an improvement. Urges deletion of Section 6 on page 6, and Section 7 on page 7 of HB 2305A.
TAPE 81, A
020	Chair Minnis	Asks if a private right of action can be reversed by the Legislature.
026	Joseph	Replies, yes.
042	Chair Minnis	Asks for a section-by-section analysis by both sides of the issue. Closes the public hearing on HB 2306A and adjourns the meeting at 10:05 a.m.

EXHIBIT SUMMARY

A – SB 136, -3 amendments submitted by staff, 2 pp

B – SB 255, -1 amendments submitted by staff, 1 p

C – SB 397, -1 amendments submitted by staff, 1 p

D – HB 2305A, HB 2306A, HB 2307A, and HB 2309, written testimony submitted by Neil

Bryant, 5 pp

E – HB 2305A, written testimony submitted by Gwen Dayton, 3 pp

F – HB 2305A, -A3 amendments submitted by staff, 1 p

G – HB 2306A, written testimony submitted by Molly Burns Herrmann, 5 pp

H – SB 70, -2 amendments submitted by staff, 2 pp

I – HB 2306A, -A3 amendments submitted by staff, 1 p