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