Date: 04/08/2014

Final
BILL SUMMARY for HB14-1323

HOUSE COMMITTEE ON PUBLIC HEALTH CARE & HUMAN SERVICES

Votes: View--> Action Taken:
Adopt amendment L.003 (Attachment A). The motion p
Adopt amendment L.004 (Attachment C). The motion p
Refer House Bill 14-1323, as amended, to the Commi		Pass Without Objection
Pass Without Objection
PASS



02:14 PM -- HB14-1323

Representative Primavera introduced House Bill 14-1323. As introduced, the bill prohibits the state or a local government from accessing an individual's personal medical information or medical record without the individual's consent. She distributed and discussed amendment L.003 (Attachment A), which is a strike-below amendment. The amendment places restrictions on the Department of Revenue's use of personal medical information, and creates a task force to review the ability of state and local governments to access personal medical information. She discussed the federal Health Insurance Portability and Accountability Act (HIPAA) and distributed a chart showing the entities that have access to personal medical information (Attachment B). Representative Primavera discussed the Department of Revenue and its role in reviewing medical records when conducting audits of medical facilities. Representative Primavera responded to questions from the committee regarding the Department of Revenue's access to records under amendment L.003, compensation for members of the task force, and representation of various entities on the task force. Representative Primavera discussed how patients' fears about the release of private medical information can impact the quality of care. Amendment L.004 (Attachment C) was distributed to the committee.

14HsePHS0408AttachA.pdf14HsePHS0408AttachA.pdf14HsePHS0408AttachB.pdf14HsePHS0408AttachB.pdf14HsePHS0408AttachC.pdf14HsePHS0408AttachC.pdf

02:32 PM -- MaryKathryn Hurd, Department of Health Care Policy and Financing, testified in a neutral position on the bill and regarding the department's concerns with amendment L.003. She stated that as the state Medicaid agency, the department needs access to individual health information and discussed the privacy measures the department employs to ensure the protection of personal medical information. She responded to questions from the committee regarding whether the state sends transcription orders outside of the state.

02:37 PM -- Anne McGihon, Allergan, described how the Department of Revenue previously accessed personal health information in audits of medical facilities. She stated that the goal of the bill is to ensure that personal medical information is protected regardless of the policies of the administration overseeing the department. Representative Primavera and Ms. McGihon responded to questions from the committee regarding access of state departments to personal medical information and HIPAA.

02:55 PM -- Kim Ross, Patient Privacy Rights, responded to questions from the committee and discussed issues related to personal medical information.

03:02 PM -- John Vecchiarelli, Department of Revenue, responded to questions from the committee regarding the department's role in determining the taxability of medical procedures and the department's regulations relating to the disclosure of personal medical information. He further addressed questions regarding instances in which the department views personal medical information. Ms. McGihon commented on the department's authority to review personal medical information as part of its work auditing medical offices.

03:11 PM

Mr. Ross commented on PMI and how the information may be used for abusive purposes. Mr. Ross responded to questions from the committee regarding the purchase of medical information by various entities.

BILL:HB14-1323
TIME: 03:19:39 PM
MOVED:Stephens
MOTION:Adopt amendment L.004 (Attachment C). The motion passed without objection.
SECONDED:Tyler
VOTE
Conti
Everett
Ginal
Joshi
Landgraf
McCann
Schafer
Singer
Stephens
Tyler
Wilson
Young
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB14-1323
TIME: 03:23:10 PM
MOVED:Primavera
MOTION:Adopt amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:Ginal
VOTE
Conti
Everett
Ginal
Joshi
Landgraf
McCann
Schafer
Singer
Stephens
Tyler
Wilson
Young
Primavera
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:33 PM - Christy Chase, Office of Legislative Legal Services, responded to questions regarding the membership of the task force and whether the bill specifically addresses the Department of Revenue. Representative Primavera responded to questions from the committee regarding the staffing of the task force.

BILL:HB14-1323
TIME: 03:38:50 PM
MOVED:Primavera
MOTION:Refer House Bill 14-1323, as amended, to the Committee of the Whole. The motion passed on a vote of 12-1.
SECONDED:Schafer
VOTE
Conti
Yes
Everett
Yes
Ginal
Yes
Joshi
Yes
Landgraf
Yes
McCann
No
Schafer
Yes
Singer
Yes
Stephens
Yes
Tyler
Yes
Wilson
Yes
Young
Yes
Primavera
Yes
FINAL YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


03:40 PM

The committee adjourned.