Session Weekly January 24, 2003, Volume 20, Number 3
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JANUARY 24, 2003 VOLUME 20, NUMBER 3 In this issue: MEDICAL PRIVACY DEBATE ETHANOL PAYMENTS, MORE NEW MEMBERS, AND MORE HF109-HF182 ESSION S Weekly Session Weekly is a nonpartisan publication of the Minnesota House of Representatives Public Information Office. During the 2003-2004 Legislative Session, each issue reports daily House action between Thursdays of each week, lists bill introductions and upcoming committee meeting schedules, and provides other information. The publication is a service of the Minnesota House. No fee. CONTENTS To subscribe, contact: Minnesota House of Representatives IGHLIGHTS Public Information Office H 175 State Office Building Bonding • 5 Employment • 7 Higher Education • 10 St. Paul, MN 55155-1298 Crime • 5 Environment • 7 Taxes • 10 (651) 296-2146 or 1-800-657-3550 Education • 6 Government • 8 Transportation • 13 TTY (651) 296-9896 Elections • 6 Health • 9 Director Barry LaGrave EATURES Assistant Director F LeClair G. Lambert At Issue: Agriculture — Hundreds of farmers and ethanol producers con- Editor/Assistant Director verged on the State Capitol Jan. 16 to oppose proposed cuts in ethanol Michelle Kibiger producer payments. • 11 Assistant Editor Mike Cook At Issue: Transportation — Budget-balancing proposals include the conver- sion of $130 million in transportation funding to trunk highway bonds, and Art & Production Coordinator Paul Battaglia other adjustments to transportation funding. • 12 Writers People — House Majority Leader Erik Paulsen (R-Eden Prairie) is serving his Miranda Bryant, first term in that position, following in the footsteps of former House Majority Jeff Jones, Tom Lonergan Leader and now Gov. Tim Pawlenty. He was first elected in 1994. • 14 Chief Photographer Tom Olmscheid People — Rep. Ray Cox (R-Northfield) brings family ties to the Legislature in Photographers his first term. • 15 Andrew Von Bank, Kristine Larsen Office Manager People — Rep. Keith Ellison (DFL-Mpls) looks forward to being a part of solu- Nicole Wood tions important to his community as a new member of the House of Staff Assistants Representatives. • 16 Christy Novak, Joseph Rude People — Rep. Brad Finstad (R-New Ulm) brings a youthful outlook and expe- Session Weekly (ISSN 1049-8176) is published rience in agricultural pursuits to his new position in the House. • 17 weekly during the legislative session by the Minnesota House of Representatives Public Information Services Office, 175 State Office EPARTMENTS ESOURCES Building, St. Paul, MN 55155-1298. Periodicals D /R postage paid at St. Paul, MN, and at additional It’s a Fact: Simpler times 4 Committee Schedule (Jan. 27-31) 21 mailing offices. POSTMASTER: Send address changes to Session Weekly, Public Information Resources: Minnesota House of Reflections: The changing Capitol 23 Office, Minnesota House of Representatives, Representatives Standing Committee Minnesota Index: Charitable 175 State Office Building, St. Paul, Schedule 18 gambling and lotteries 24 MN 55155-1298. Bill Introductions (HF109 – HF182) 19 Printed on recycled paper which is 50% recycled, 30% post-consumer content. On the cover: The grand stairs to the old Supreme Court Chamber are illuminated as sunshine pours through the skylight on the eastern side of the State Capitol. —Photo by Tom Olmscheid 2 January 24, 2003 IRST READING F★ ★ ★ There was little disagreement at the hear- ing about the value of making such research Privacy versus progress available to the public, but testifiers were con- Battle is just beginning over Health Department plan to cerned about the type and volume of infor- mation the department says it will require. collect medical information from patients Especially divisive is the collection of some personally identifying data — including a person’s name, address, race, and ethnicity. BY JEFF JONES That information would be used to deter- aying that proposed state Health Depart- mine which patient corresponds to each piece ment rules governing patient information of medical data, which Wexler said is neces- equate to Big Brother watching over the S sary to track medical cases over time. “If you shoulder of health professionals, many people have five cases of diabetes, for example, you criticized them before a House committee. need to know if you’re dealing with one indi- A proposed set of rules from the department vidual who went to five different providers or would allow the state to begin collecting detailed with five different people,” he said. “When patient medical information — including patient you’re looking at the prevalence of disease names, addresses, and ethnicities — from hos- around the state, that becomes important in pitals, insurers, and Health Maintenance Orga- knowing whether or not there’s an increase or nizations. The information would primarily be an outbreak in a given area.” used in an effort to measure the quality of care It is the collection of this personally identi- being offered in the state. fying data that has privacy advocates worried. “It requires citizens to choose between Brase said she fears it will allow the state, or health care and privacy. They can have one, anyone else who gets access to the database, to but they can’t have both,” said Twila Brase, view a person’s entire medical history. “The president of the Citizen’s Council on Health quest for research dollars and results should Care, in testimony before the House Health not usurp the rights of individuals to have a and Human Services Policy Committee Jan. 22. private self outside the observation of the gov- Her organization advocates for free-market ernment, and outside the interpretation of re- principles in medical care and has organized searchers,” she said. strong opposition to the proposed rules since Health Department officials have tried to their introduction last August. calm those fears by implementing high-tech The Department of Health wrote the rules security standards. in accordance with a 10-year-old state law that Under the rules, personally identifying data directs the commissioner to collect data nec- would be encrypted and submitted separately essary to assess the quality of health care in from billing records. The data would then be Minnesota. The rules would create a database put onto a secure computer, where each of administrative billing data that would al- person’s information would be assigned a ran- low the department to track a wide range of dom code number and then deleted, leaving health care trends. only the code to connect with billing data in Dick Wexler, assistant commissioner with the the database. Furthermore, he said, only two department, touted the success of other states in PHOTO BY ANDREW VON BANK people can access the secure computer, and collecting and using the medical information. Twila Brase, president of the Citizens’ Council on both must be present in order to access it. Wexler, who oversees the department’s Health Care, shows members of the House Health Wexler said nobody would be able to see a Health Quality and Access Bureau, said the and Human Services Policy Committee letters in patient’s name anywhere in the process. state of New York, which has a database simi- opposition to the medical collection plans of the Jim Rea, an information technology special- lar to what the department has proposed, was Minnesota Department of Health. ist, said he doubted the department would be able to decrease the mortality rate at hospitals able to completely ensure anonymity, even by performing heart-bypass surgery by 41 per- Among the many proposed uses of the da- replacing personal information with a random cent after publishing data comparing tabase in Minnesota are: code. He pointed to the case of Social Security hospitals. • Tracking changes in health care costs; numbers, which were originally meant to be He also stressed that administrative billing • Detecting emerging diseases or conditions; private pieces of information but have become data only contains codes and prices for a • Comparing illness rates among geographic the most widely used identification number patient’s diagnoses and treatments. “It is not areas, ethnic groups, and ages; and in the United States. the medical chart or the medical record. There • Comparing the quality and efficiency of Several testifiers said they fear people will not are no doctor’s notes,” he said. health care providers. Session Weekly 3 seek needed treatment if they are afraid that sen- sitive information will be viewed by the state. Brase told the story of a woman who has can- celled her annual physicals “because she didn’t want to be a part of a government record.” Brase said she foresees a situation where the Simpler times treatment “best practices” the department Early legislators approved everything from would like to determine from gathered data name changes to church meetings would result in the state refusing to reimburse insurers for treatments that deviate from those Imagine filing for divorce, but rather than approved when the Legislature declared practices. The result, she said, would be “gov- hiring an attorney and going before a judge that Amina Sybil Powers’ last name could ernment-directed medical practice.” to have the case decided, you appeared be- be changed to Dufty. The law stated that “The entire process would inhibit the au- fore a legislative committee with the power Amina be deemed the heir-at-law of tonomy of individuals and diminish the to recommend granting or denying your Frederick M. and Levantia Jannette Dufty physician’s ability to treat patients as unique application. At that committee, you testi- of Mower County, entitling her to all the individuals,” she added. fied regarding the situation, and the com- rights and privileges as well as subjecting Margaret Brunner, a medical researcher and mittee would forward your case on to the her to all the duties she would be subject clinical educator at Hennepin County Medical full Legislature for a final disposition. to if “she were the child” of the Duftys.