Two bills to Stop State Health Data Collection Pass House

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TWO BILLS TO STOP STATE HEALTH DATA COLLECTION PASS HOUSE COMMITTEES

IN MINNESOTA

 

(St. Paul, Minnesota) -- The Minnesota House voted in two committees

to restrict the Minnesota Department of Health from gaining access

to private medical record information and using it for state

research.

 

In today's Health and Human Services Policy Committee, HF297,

introduced by Rep. Bill Haas' (R-Champlin) to repeal state authority

to collect patient data without patient consent, was narrowly passed

on a voice vote and sent to the Government Operations and Veteran's

Affairs Committee for consideration.

 

In today's Government Operations and and Veteran's Affairs

Committee, HF162, introduced by Rep. Marty Seifert (R-Marshall) to

prohibit the health department from implementing the data collection

rule until the legislature specifically approves the rule, was

overwhelmingly passed on a voice vote and sent to the floor for

debate by all members of the House of Representatives.

 

" We are pleased that these two committees voted in favor of

protecting patient rights, privacy rights, and the Fourth Amendment

rights of Minnesota citizens, " said Twila Brase, president of the

Citizens' Council on Health Care (CCHC). She testified in both of

today's hearings.

 

EMPLOYERS SUPPORT DATA COLLECTION

 

In the HHS Policy Committee, members heard for the first time public

testimony opposing the repeal of the data collection law. Previous

opposition had come only from the Minnesota Department of Health

(MDH). Carolyn Pare, from the Buyers' Health Care Action Group, an

organization representing approximately 40 large employers,

supported the collection saying the law would allow the creation of

" standardized objectified data. " She also noted that the data

collected by the MDH on procedures and practitioners could be

compared with treatment guidelines.

 

" Employers are pushing for state standardization of health care. But

patients do not need or want cookie cutter medicine coming out of

the state health department. At risk is the patient's freedom to

work with doctors to make decisions that meet their individual

needs.The health care system was created to serve the needs of

patients, not the needs of employers, " says Brase.

 

" Employers are hoping to cut health care costs by applying state

pressure. Instead, they should be pushing the legislature to make

changes that get employers out of the business of health insurance

and out of the private lives of their employees, " adds Brase.

 

STATE LAW CHALLENGED

 

The bills are in response to a 1993 state law granting the MDH

authority to collect individually-identifiable patient medical

record information from insurers and hospitals and health care

practitioners for research on quality, utilization, cost and

outcomes. The MDH was given rulemaking authority, but because of

difficulties standardizing the collection of data and lack of

computerized data systems, did not publish the proposed rule for

public comment until August 2002.

 

Public outcry, initiated by an email alert from CCHC, forced the

department to hold a hearing before an administrative law judge on

October 4, 2002. On December 2, 2002, the judge approved the rule.

Governor Ventura, who had the power to veto it, did not. Because

in-coming Governor Pawlenty publicly expressed some concern, the

Department chose to wait on the new administration, and to consult

with the new Commissioner of Health, before beginning the data

collection. In the meantime, Representatives Haas and Seifert have

introduced bills to repeal the law or stop MDH from collecting the

data.

 

" Receiving health care in Minnesota should not require citizens to

become subjects of state research and surveillance. Patient consent

for data collection and research is key to preserving patient trust

in their doctors and protecting the integrity of the entire health

care system, " says Brase.

 

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CCHC is an independent non-profit free-market health care policy

organization located in St. Paul, Minnesota.

 

**************************************************************

A free-market resource for designing the future of health care

**************************************************************

 

Citizens' Council on Health Care

1954 University Ave.W., Suite 8

St. Paul, MN 55104

651-646-8935 phone

651-646-0100 fax

http://www.cchconline.org

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Sandy Mintz

http://www.vaccinationnews.com

http://www.vaccinationnews.com/Scandals/past_scandals.htm

 

" Eternal vigilance is the price of liberty. " - Wendell Phillips

(1811-1884),

paraphrasing John Philpot Curran (1808)

 

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