71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3753
 
                         Senate Bill 104
 
Sponsored by Senator FISHER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Establishes Advisory Committee on Privacy of Medical
Information and Records to study relationship between federal
Health Insurance Portability and Accountability Act of 1996 and
state information privacy laws.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to medical privacy; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is established an Advisory Committee
on Privacy of Medical Information and Records for the purposes of
carrying out the provisions of sections 1 to 4 of this 2001 Act.
  (2) The committee shall be appointed by the Governor and shall
consist of 15 members.
  (3) The composition of the committee shall be as follows:
  (a) One representative from each of the following groups or
organizations:
  (A) The Department of Consumer and Business Services.
  (B) The Board of Medical Examiners.
  (C) The Office of Medical Assistance Programs.
  (D) The Oregon Medical Association.
  (E) The Oregon Association of Hospitals and Health Systems.
  (F) The Oregon Association of Defense Counsel.
  (G) The Oregon Trial Lawyers Association.
  (H) The State Accident Insurance Fund Corporation.
  (b) One representative from an organization acting as a third
party administrator.
  (c) Two representatives from the general public.
  (d) Four additional representatives may be appointed at the
discretion of the Governor provided the appointees represent
groups with a substantial interest in information privacy.
  (4) The Department of Consumer and Business Services shall
provide staff for the Advisory Committee on Privacy of Medical
Information and Records. The department may seek public and
private funds to assist in the work of the committee. + }
  SECTION 2.  { + (1) The Advisory Committee on Privacy of
Medical Information and Records shall select one of its members
as chairperson and another as vice chairperson, for such terms
and with duties and powers necessary for the performance of the
functions of such offices as the committee determines.
 
  (2) A majority of the members of the committee constitutes a
quorum for the transaction of business.
  (3) The council shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
committee. + }
  SECTION 3.  { + (1) The Advisory Committee on Privacy of
Medical Information and Records shall adopt rules necessary for
the administration of sections 1 to 4 of this 2001 Act.
  (2) The committee shall:
  (a) Study the factors associated with protecting the privacy of
medical information and records, including the creation,
transmission, storage and disposal of medical information and
records;
  (b) Analyze the impact of federal laws, including but not
limited to the Health Insurance Portability and Accountability
Act of 1996, on inconsistent or conflicting state laws; and
  (c) Recommend changes to state laws to ensure compliance with
federal laws.
  (3) The committee shall report to the Seventy-second
Legislative Assembly in the manner provided by ORS 192.245 on the
results of its studies and shall make any recommendations for
legislative changes it considers necessary or appropriate for the
implementation of the recommendations of the committee. + }
  SECTION 4.  { + (1) The Advisory Committee on Privacy of
Medical Information and Records may establish such advisory and
technical committees as it considers necessary to aid and advise
the committee in the performance of its functions. The committee
shall determine the representation, membership, terms and
organizations of the committees and shall appoint committee
members.
  (2) Members of the committees are not entitled to compensation,
but at the discretion of the Director of the Department of
Consumer and Business Services may be reimbursed for actual and
necessary travel and other expenses incurred by them in the
performance of their official duties, subject to ORS 292.495. + }
  SECTION 5.  { + This 2001 Act is repealed on December 31,
2003. + }
  SECTION 6. { +  This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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