SENATE COMMITTEE ON JUDICIARY

 

 

April 03, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                         Tapes 85-86

 

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:           HB 2307A Public Hearing

                                                HB 2309A Public Hearing

                                                HB 2305A Public Hearing and Work Session          

HB 2306A 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 85, A

003

Chair Minnis

Calls the meeting to order at 8:18 a.m. and opens a public hearing on HB 2307A and HB 2309A.

HB 2307A AND HB 2309A PUBLIC HEARING

012

Gwen Dayton

Oregon Association of Hospitals and Health Systems.  Submits testimony and testifies in support of 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 A).

099

Richard Lane

Oregon Trial Lawyers Association.  Submits testimony and testifies in opposition to HB 2307A (EXHIBIT B).

115

Bill Joseph

Committee Counsel.  Explains that there are –A3 amendments being drafted by Legislative Counsel and will be available by Monday, April 7.

125

Dayton

Explains that there is no objection to the small changes suggested by the Oregon Trial Lawyers Association.

206

Chair Minnis

Asks if the Oregon Trial Lawyers Association has specific issues to discuss.

133

Lane

Discusses the issue of applicability of the psychotherapy note provisions.

183

Dayton

Believes the existing definition is sufficient, but does not object to the change suggested by the Oregon Trial Lawyers Association.

275

Vice Chair Burdick

Asks about the proposed amendments (EXHIBIT C).

278

Dayton

Clarifies that the proposed amendments add to the definition of a psychotherapy note, and what can be disclosed.

294

Lane

Explains that the referenced amendments are agreed to, but objections remain.

303

Vice Chair Burdick

Asks if there would be harm in removing “health care services provider”.

305

Dayton

Contends that there would be massive confusion.

315

Lane

Responds that there is a way to handle the change.

326

Chair Minnis

Asks about citing HIPAA regulations in these bills.

328

Dayton

Explains that there are issues with citing federal law.  Suggests new language.

354

Lane

Replies that all parties have found common ground.

371

Chair Minnis

Reviews the agreed upon language with Mr. Lane and Ms. Dayton.

409

Chair Minnis

Closes the public hearing on HB 2307A and 2309A and opens a work session on HB 2305A.

HB 2305A WORK SESSION

418

Vice Chair Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of adopting a conceptual amendment to HB 2305A.

 

 

VOTE:  6-0

424

Chair Minnis

Hearing no objection, declares the motion CARRIED.

431

Vice Chair Burdick

MOTION:  Moves to ADOPT the conceptual amendment to HB 2305A which would be a new Subsection 2 in Section 1 that would read “in addition to the rights and obligations expressed in Sections 1 through 7 of this act, the Federal Health Insurance Portability and Accountability Act privacy regulations, 42CRF part 160 and 164, establish further rights and obligations regarding use and disclosure of protected health information and the rights of individuals regarding their protected health information.”

 

 

VOTE:  6-0

447

Chair Minnis

Hearing no objection, declares the motion CARRIED.

460

Chair Minnis

Closes the work session on HB 2305A and re-opens a public hearing on  HB 2309A.


 

HB 2309A PUBLIC HEARING

TAPE 86, A

004

Gwen Dayton

Oregon Association of Hospitals and Health Systems.  Testifies in support of HB 2309A. Provides a section-by-section analysis.

072

Richard Lane

Oregon Trial Lawyers Association. Says there are no objections to HB 2309A.

074

Sen. Ringo

Asks for clarification of the release of information regarding blood alcohol levels.

080

Dayton

Says current law says “may” disclose and it is amended to say “shall” disclose.

082

Sen. Ringo

Asks if that amendment is driven by HIPAA.

083

Dayton

Says, yes it is.

089

Sen. Ringo

Expresses concern about disclosure to law enforcement being a deterrent to people receiving medical treatment.

092

Dayton

Discusses the policy decision.

118

Chair Minnis

Closes the public hearing on HB 2309A and opens a public hearing on HB 2305A.

HB 2305A PUBLIC HEARING

127

Gwen Dayton

Discusses the –A3 amendments to HB 2305A.  Says they are, for the most part, definitional changes (EXHIBIT D).

136

Richard Lane

Concurs that there is agreement on the –A3 amendments.

148

Chair Minnis

Asks for a section-by-section analysis of HB 2305A.

150

Lane

Provides an analysis of each section.  Desires removal of Sections 6 and 7.

204

Chair Minnis

Asks what issues would arise if Sections 6 and 7 were deleted.

206

Dayton

Explains why there is objection to removal of Section 6.  Explains what Section 7 does.

258

Vice Chair Burdick

Asks if there would be additional State causes of action as opposed to Federal causes of action.

259

Dayton

Says, yes, because HIPAA will become the standard of care in Oregon.

264

Vice Chair Burdick

Asks how a cause of action will be channeled.

265

Dayton

Says it will be through the State.

272

Lane

Respectfully disagrees.  Believes everyone will have to file a complaint at the Federal level.

281

Chair Minnis

Asks if Oregon law would provide court action in Oregon courts.

292

Lane

Says the HIPAA rule being adopted says there is no private right of action.

303

Vice Chair Burdick

Expresses concern about the Humphers case. 

327

Dayton

Discusses the Humphers case as it relates to HIPAA.

369

Chair Minnis

Discusses the private cause of action language in the bill.

374

Lane

Believes that Section 7, page 7 of the bill eliminates any type of State cause of action.

380

Dayton

Says the bill is not trying to create an additional cause of action over and above what might now exist.

386

Joseph

Agrees that it does not create additional causes of action, but it is also not getting rid of causes of action.

392

Chair Minnis

Asks if Section 7 could be worded more clearly.

402

Joseph

Explains that it is typical language found in detailed regulations.

427

Sen. Ringo

Observes that the goal is the same, but the language needs clarification.

462

Chair Minnis

Calls for a recess at 9:20 a.m.

TAPE 85, B

022

Chair Minnis

Reconvenes the public hearing on HB 2305A at 9:30 a.m.

025

Dayton

Provides language that would be acceptable.

038

Holly Robinson

Legislative Counsel. Discusses the language and believes that it causes more confusion.

053

Chair Minnis

Clarifies what is being debated in the language of the bill.

058

Dayton

Provides further clarification.

080

Robinson

Confirms the language discussed.

111

Lane

Gives his own interpretation.

117

Robinson

Does not agree with the conclusion stated.

126

Chair Minnis

Discusses further the lack of understanding of Section 6.

131

Robinson

Says Section 6 says exactly what was expressed by the Chair.

184

Chair Minnis

Stresses the need for clarification and asks that it be dealt with before continuing with the public hearing.

239

Chair Minnis

Recesses the meeting at 9:45 a.m.

241

Chair Minnis

Reconvenes the meeting at 9:55 a.m.

245

Lane

Explains the change made that has met with approval by all.

251

Dayton

Confirms approval of the change.

255

Robinson

Confirms approval of the change.

263

Chair Minnis

Asks if there are other issues of the Oregon Trial Lawyers Association.

264

Lane

Says Section 16 is a concern.

266

Dayton

Explains Section 16.  Continues discussion of the remainder of HB 2305A.

282

Chair Minnis

Asks about the rules for civil procedure.

289

Robinson

Explains the rules for civil procedure.

297

Joseph

Clarifies that a public hearing was held in the House regarding these rules.

312

Chair Minnis

Closes the public hearing on HB 2305A and opens a work session.


 

HB 2305A WORK SESSION

320

Sen. Ringo

Asks if there will be other amendments relating to the costs of obtaining medical records.

322

Dayton

Says the –A3 amendments clarify the charges.

426

Vice Chair Burdick

MOTION:  Moves to SUSPEND the rules for the purpose of adopting a conceptual amendment to HB 2305A, page 7, line 1.

 

 

VOTE:  6-0

435

Chair Minnis

Hearing no objection, declares the motion CARRIED.

438

Vice Chair Burdick

MOTION:  Moves to AMEND HB 2305A on page 7, in line 1, after "create a," insert "new".

 

 

VOTE:  6-0

448

Chair Minnis

Hearing no objection, declares the motion CARRIED.

461

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2305A-A3 amendments dated 03/31/03.

 

 

VOTE:  6-0

466

Chair Minnis

Hearing no objection, declares the motion CARRIED.

475

Chair Minnis

Closes the work session on HB 2305A and opens a work session on HB 2306A.

HB 2306A WORK SESSION

476

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 2306A-A3 amendments dated 03/31/03 (EXHIBIT E).

 

 

VOTE:  6-0

483

Chair Minnis

Hearing no objection, declares the motion CARRIED.

TAPE 86, B

052

Molly Burns Hennmann

Kaiser Permanente.  Discusses the –A3 amendments and expresses concern about the term “employer” being used.

099

Vice Chair Burdick

Asks if there a fix for this.

100

Hennmann

Says removing the word “employer” would be helpful.

104

Lane

Responds that the terms were HIPAA-compliant terms.  Doesn’t believe there is a problem.

118

Hennmann

Talks about the use of the term “employer.”

134

Chair Minnis

Asks that the word employer be removed.

139

Hennmann

Says there is a problem with Section 18 in HB 2306A.

157

Chair Minnis

Says these bills will come back on Monday with all the amendments.

184

Chair Minnis

Closes the work session on HB 2306A and adjourns the meeting at 10:15 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2307A, written testimony submitted by Gwen Dayton, 2 pp

B – HB 2307A, written testimony submitted by Richard Lane, 9 pp

C – HB 2307A, suggested amendments submitted by Gwen Dayton, 9 pp

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

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