Legislature(1997 - 1998)
03/05/1997 09:06 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SB 99 HEALTH CARE DATA; BIRTH REGISTRATIONS
Number 252
CHAIRMAN WILKEN introduced SB 99 as the next order of business
before the committee.
AL ZANGRI , Chief of the Bureau of Vital Statistics for DHSS,
explained that Sections 1 and 2 of SB 99 establish civil immunity
for institutions and providers who report diseases and conditions
to the department as required under other portions of the statute.
Without SB 99, the department could lose $300,000 to $400,000 per
year in cancer grants. Sections 3 and 4 clarify the language in
the Vital Statistics Act regarding the reporting requirements for
births and institutions as well as shortening the time period from
seven to five days. There is also a language change in determining
how reports are made for moving conveyances. Mr. Zangri noted the
most important change as being the elimination of a signature for
every birth certificate produced in a hospital. This would allow
the bureau to operate its electronic birth certificate system. All
but two hospitals in the state have electronic birth certificate
systems. Currently, each hospital must send a paper copy of the
birth certificate with a hand signature. SB 99 would allow
electronic signatures or group signatures for all the births during
a week.
In response to Senator Green, AL ZANGRI clarified that SB 99 does
not release information. SB 99 grants civil immunity to facilities
already required to report that information. Current law requires
that providers report this information to the department, however
if the information has not been properly used then the individual
can be sued. SB 99 grants civil immunity for providing that
information unless the case is pure negligence. Mr. Zangri pointed
out that this immunity is required under federal statutes if the
cancer grant is to continue.
Number 318
DR. JOHN MIDDAUGH , Chief of the Epidemiology Section in DHSS,
explained that the immunity protection is only for those reporting
in compliance with state law. The data is being reported to the
Division of Public Health. The data is not disclosable under
Alaska's public records law and can only be released if there is an
eminent and direct public health threat to another person. Dr.
Middaugh noted that the data is provided with identifiers only so
that duplicate reporting can be eliminated. Dr. Middaugh
reiterated that the data is protected by the Alaska statutes
regarding confidentiality.
SENATOR GREEN expressed concern with the sectional analysis of
Section 1 which says that, "This immunity protects the person
reporting the information regardless of how the Department uses the
information." Senator Green did not know if that accurately
reflected the intent of the bill. Senator Green wanted to be sure
that a medical provider would not be required to provide
information that would not ordinarily be provided.
DR. JOHN MIDDAUGH said that the bill only provides protection for
the information required to be reported under Alaska statutes and
regulations.
CHAIRMAN WILKEN pointed out that he had a list of the diseases
required to be reported on a daily basis.
SENATOR WARD asked if this was necessary to receive the first of
five increments of $420,000; is this a new program? DR. JOHN
MIDDAUGH clarified that the grant was awarded in October of 1994.
During the first year, regulations were revised in order to be in
compliance with establishing the cancer registry component of the
reporting requirements. The regulations went into effect in
January of 1996. The first year of collection of this information
on cancer statewide has been completed. The other disease reports
for infectious disease in some cases go back to territorial days.
The funds received to establish the cancer registry are part of the
federal legislative program, the Cancer Registries Amendment Act,
which establishes uniform cancer registries in all 50 states. Dr.
Middaugh noted that work to establish a cancer registry in Alaska
had been going on for 20 years; these funds allowed such a
registry. In order to maintain compliance of the requirements of
the federal law, these three provisions require statutory changes
and cannot be dealt with in regulation. Dr. Middaugh informed the
committee that SB 99 has been endorsed by the Alaska Hospital &
Nursing Home Association, the Alaska State Medical Association, and
the Alaska Division of the American Cancer Society.
Number 375
SENATOR WARD asked if the program comes out of the $420,000 or is
this an additional program. Are there matching funds? DR. JOHN
MIDDAUGH said that there are no matching funds involved. This is
an ongoing grant which is now in the third year of a five year
project. Without these additional statutory changes, there may be
a risk in losing the award. Dr. Middaugh noted that this really
protects the data, the patients, and the providers. In response to
Senator Ward, Dr. Middaugh replied that there has not been any
implication that the money would be withdrawn without the
implementation. However as part of the federal law and the grant
award, the department has to certify that efforts attempting to
comply with the federal legislation have been made.
SENATOR WARD inquired as to what portion of the funds goes towards
the cancer reporting. DR. JOHN MIDDAUGH specified that all of the
funds are used for cancer reporting. All other diseases are
required to be reported to the Division of Public Health for public
health protection. Dr. Middaugh noted that the other diseases were
included due to the rationale for uniformity and protection for
patients, physicians, and the state. In response to Senator Ward,
Dr. John Middaugh agreed that the inclusion of the other diseases
was not necessary to receive the funds.
DR. MIDDAUGH reiterated the strong support for SB 99 from the
medical community.
CHAIRMAN WILKEN said that he would entertain a motion to report SB
99 to its next committee of referral.
SENATOR WARD moved to report SB 99 out of committee with individua
recommendations and a zero fiscal note. Without objection, it was
so ordered.
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