Legislature(2003 - 2004)

02/06/2004 08:00 AM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     SB 217-GENETIC PRIVACY                                                                                 
                                                                                                                                
SENATOR DONNY OLSON, sponsor of SB 217, gave the following                                                                      
sponsor statement:                                                                                                              
                                                                                                                                
     SB 217 has to do with  the genetic privacy laws here in                                                                    
     Alaska.  I introduced  this bill  because  I think  the                                                                    
     reason  for introducing  such legislation  is to  get a                                                                    
     handle on  this very complicated issue  that is related                                                                    
     to genetic  privacy. Genetic privacy  goes back  to the                                                                    
     make-up of  every one  of us  as individuals  that goes                                                                    
     back farther than we can remember historically.                                                                            
                                                                                                                                
     We're all  familiar with the useful  DNA identification                                                                    
     that's  been used  for  law  enforcement and  paternity                                                                    
     disputes.  But   there's  another  side  to   this  new                                                                    
     technology  that I  feel has  a special  need for  some                                                                    
     type of privacy here in the state of Alaska.                                                                               
                                                                                                                                
     Up until  the year 2000,  much of this  information had                                                                    
     been  essentially  hidden   within  our  genetic  code.                                                                    
     However,  with  a  public   consortium  and  a  private                                                                    
     company, they announced that they  had cracked the code                                                                    
     and were  able to  spell out the  3 billion  letters of                                                                    
     each  genetic genome,  the biochemical  messages that's                                                                    
     encoded within everyone's DNA.                                                                                             
                                                                                                                                
     This   is  the   stepping-stone   in  deciphering   the                                                                    
     blueprint  that makes  us human.  In fact,  every human                                                                    
     cell,   including   hair,  blood,   fingernails,   body                                                                    
     tissues, with  the exception  of gametocytes  [ph], the                                                                    
     sperm and  the ovaries  in particular,  are made  up of                                                                    
     the  same   complete  set   of  our   genetic  make-up.                                                                    
     Consequently these  genetic profiles  yield information                                                                    
     that could be used against us.                                                                                             
                                                                                                                                
     We  certainly have  state laws  to  restrict access  to                                                                    
     medical records,  however the  State of Alaska  has yet                                                                    
     to specify  any protection of our  genetic information.                                                                    
     Medical information is  presumed confidential, but with                                                                    
     the   increasing  capability   to  store   and  rapidly                                                                    
     transfer  data,   this  escalates  the   challenge  for                                                                    
     protecting privacy.                                                                                                        
                                                                                                                                
     At  the present  time  there are  no national  statutes                                                                    
     regarding the  genetic privacy laws, however  15 states                                                                    
     have  required informed  consent for  a third  party to                                                                    
     perform  or acquire  genetic  tests  to obtain  genetic                                                                    
     information.   Twenty-three    other   states   require                                                                    
     informed consent to disclose genetic information.                                                                          
                                                                                                                                
     Let  me just  re-emphasize  that this  bill  is not  to                                                                    
     interfere     with    law     enforcement,    paternity                                                                    
     determination,  or  any   kind  of  medical  necessity.                                                                    
     Therefore,  I've  introduced  SB 217  to  give  special                                                                    
     consideration  to the  advancing  biotechnology and  to                                                                    
     protect   our  privacy   rights  before   it  gets   so                                                                    
     complicated  that we  can't handle  it. Thank  you very                                                                    
     much, Mr. Chairman.                                                                                                        
                                                                                                                                
CHAIR SEEKINS  noted that Senator  Ogan had joined  the committee                                                               
and took questions from committee members.                                                                                      
                                                                                                                                
SENATOR SCOTT  OGAN asked who  is opposed  to SB 217  and whether                                                               
any  insurance companies  want access  to genetic  information to                                                               
determine eligibility for insurance coverage.                                                                                   
                                                                                                                                
SENATOR OLSON said  he was not sure that  insurance companies are                                                               
necessarily opposed to SB 217;  however, they would like to amend                                                               
it.  He  said  insurance  companies  realize  that  technological                                                               
advances will  require some action  and their concerns  are valid                                                               
and need to be addressed.                                                                                                       
                                                                                                                                
SENATOR  OGAN told  members he  believes SB  217 is  a good  idea                                                               
because  insurance is  based on  a pooled  risk. He  is concerned                                                               
that  without such  legislation,  if  genetic information  became                                                               
more readily available, it could  be used to discriminate against                                                               
people based on predetermined genetic  conditions. He pointed out                                                               
everyone's family has some predisposition to disease.                                                                           
                                                                                                                                
SENATOR OLSON  said the bottom line  of SB 217 is  that a person,                                                               
and  only that  person,  should  have the  right  to  his or  her                                                               
genetic  information,  and that  person  should  have to  provide                                                               
informed consent before that information is disseminated.                                                                       
                                                                                                                                
CHAIR  SEEKINS  asked about  using  genetic  information for  the                                                               
purpose of criminal identification.                                                                                             
                                                                                                                                
SENATOR  OLSON  said  this  bill   contains  exemptions  for  law                                                               
enforcement,  paternity  determination,  and  medical  necessity.                                                               
Therefore, it should have no effect on law enforcement.                                                                         
                                                                                                                                
CHAIR  SEEKINS asked  Senator Olson  if law  enforcement were  to                                                               
keep a database of genetic  information, whether that information                                                               
would be  shared only within  the State  of Alaska or  whether it                                                               
would   be   shared   on  a   nationwide   basis   for   criminal                                                               
identification purposes.                                                                                                        
                                                                                                                                
SENATOR   OLSON   said,   as   in   the   case   of   fingerprint                                                               
identification, which  is shared nationwide, he  anticipates that                                                               
genetic information will also eventually be shared.                                                                             
                                                                                                                                
CHAIR  SEEKINS  asked Senator  Olson  if  he is  suggesting  that                                                               
genetic information  used for law enforcement  purposes should be                                                               
sequestered  within the  State  of  Alaska and  not  shared on  a                                                               
national basis.                                                                                                                 
                                                                                                                                
SENATOR OLSON  said the intent  of the  bill is not  to interfere                                                               
with law enforcement  at all, therefore that issue  is beyond the                                                               
scope of this legislation.                                                                                                      
                                                                                                                                
SENATOR HOLLIS  FRENCH said he  reviewed the bill with  a careful                                                               
eye on the  law enforcement aspects. He pointed out  that the FBI                                                               
maintains  a nationwide  genetic database  named CODIS  [Combined                                                               
DNA Index  System] that  states have access  to when  seeking out                                                               
crime suspects. He explained:                                                                                                   
                                                                                                                                
     If  a  rape  is  committed  in  Alaska  and  we  gather                                                                    
     evidence  of who  the  rapist is  here  and enter  that                                                                    
     information into the database  and ... if he's arrested                                                                    
     in New York, we can link  him up to that through use of                                                                    
     the  database but  it's carefully  maintained for  just                                                                    
     that purpose.  And somewhere in  the materials  I noted                                                                    
     the penalties  for disclosing that  information outside                                                                    
     that database  are felony penalties. They're  much more                                                                    
     severe than  the penalties proposed  by this  bill. And                                                                    
     I,  like  Senator Ogan,  have  concerns  about how  the                                                                    
     insurance  industry can  use genetic  information about                                                                    
     you in setting rates and so forth.                                                                                         
                                                                                                                                
     But I think  the one aspect that I was  looking at most                                                                    
     closely  was  whether  this would  interfere  with  the                                                                    
     collection  of  information  for sex  offenders....  It                                                                    
     does  not  interfere  with  it  and  so  I  think  it's                                                                    
     carefully  crafted  to  allow for  the  collection  for                                                                    
     information in the law enforcement  arena but mainly it                                                                    
     just   sort   of   recognizes   that   Alaska   has   a                                                                    
     constitutional  right to  privacy and  that before  you                                                                    
     disclose someone's genetic information  that you get in                                                                    
     a  routine medical  test to  some insurance  company or                                                                    
     another health  agency or somebody  else, that  you get                                                                    
     that patient's  point blank disclosure. It  may be that                                                                    
     the patient wants  to disclose it and  is interested in                                                                    
     disclosing  and he  can do  that.... But  I just  think                                                                    
     it's  one   of  those  intensely  personal   pieces  of                                                                    
     information  that you  should  have  an opportunity  to                                                                    
     disclose  knowingly,  instead  of  just  disclosing  at                                                                    
     someone else's  desire. I think  this bill goes  a long                                                                    
     way to  getting us on  the right  track as far  as this                                                                    
     information goes.                                                                                                          
                                                                                                                                
CHAIR  SEEKINS noted  his  point was  to put  the  fact that  the                                                               
committee is  concerned about the  law enforcement aspect  on the                                                               
record. He  then indicated an  applicant for an  insurance policy                                                               
must provide information about his  or her family medical history                                                               
so that the  insurance company can determine the  risk factor. He                                                               
asked if SB  217 is enacted, whether his  insurance company could                                                               
ask him  to undergo a  genetic screening  if the company  made it                                                               
available  and, if  he  signed a  waiver,  the insurance  company                                                               
could use that information to determine his insurability.                                                                       
                                                                                                                                
SENATOR OLSON said it could.                                                                                                    
                                                                                                                                
CHAIR SEEKINS asked if anything  in SB 217 protects the potential                                                               
insured from  being forced to  provide genetic information  to be                                                               
considered for  a policy. He  said he understands  Senator Ogan's                                                               
concern, yet  a family medical  history already provides  a vague                                                               
picture of  one's genetic predisposition. He  asked Senator Olson                                                               
whether he has considered how that scenario should be addressed.                                                                
                                                                                                                                
SENATOR OLSON said that question  has and needs to be considered.                                                               
He maintained that  some type of informed consent  is required in                                                               
Alaska  and nationwide  to protect  one's family  medical history                                                               
and medical record  information. SB 217 is an  attempt to provide                                                               
the same protection for one's genetic  code so that it fits under                                                               
[medical   record]  information.   He  repeated   that  one   can                                                               
voluntarily  disclose the  information;  however his  goal is  to                                                               
make sure the information cannot be  used against a person who is                                                               
unaware. He explained:                                                                                                          
                                                                                                                                
     Going on  to the next  step, where  it's going to  be a                                                                    
     hammer that's used against you  by, as you pointed out,                                                                    
     specifically  the insurance  company, I  think that  is                                                                    
     another level  of legislation that  needs -  that could                                                                    
     address it at  that time. At this point, all  I want to                                                                    
     do is  make sure that  we have some type  of protection                                                                    
     for our  genetic code, which is  establishing a privacy                                                                    
     or property  right so that  we have some control  as to                                                                    
     who gets that information and that's it.                                                                                   
                                                                                                                                
CHAIR  SEEKINS said  his  concern is  that  an insurance  company                                                               
could refuse to consider an applicant without a DNA analysis.                                                                   
                                                                                                                                
SENATOR FRENCH  agreed with Senator  Olson that the  issue raised                                                               
by Chair Seekins should be the subject of a separate bill.                                                                      
                                                                                                                                
SENATOR OLSON  said his  legal education told  him to  [limit the                                                               
scope of the bill] at that point.                                                                                               
                                                                                                                                
8:27 a.m.                                                                                                                       
                                                                                                                                
SENATOR  GENE THERRIAULT  referred to  Section 1  of SB  217, the                                                               
findings  and purpose  section, and  noted that  when he  was the                                                               
chair  of the  House  Finance Committee,  he  routinely took  the                                                               
findings sections out of bills  to keep the statutes streamlined.                                                               
He asked Senator  Olson if the legal  drafter suggested including                                                               
a findings section and whether  there is any compelling reason to                                                               
include it in the bill rather than in a letter of intent.                                                                       
                                                                                                                                
SENATOR  OLSON said  because  of the  complexity  of the  genetic                                                               
information  available,  the  bill  needs  specific  language  to                                                               
create  parameters, "so  that we  don't have  anything that  just                                                               
kind of  blankets over anything because  all of a sudden  you get                                                               
this interpretation that  this means this and that  means that so                                                               
that's the reason I think the drafters put it in."                                                                              
                                                                                                                                
SENATOR THERRIAULT asked if he requested a findings section.                                                                    
                                                                                                                                
SENATOR OLSON deferred to his chief of staff.                                                                                   
                                                                                                                                
MR. DAVE GRAY, Chief of Staff  to Senator Olson, said he believes                                                               
SB 217  is a composite  of legislation  from other state  laws on                                                               
this subject.                                                                                                                   
                                                                                                                                
SENATOR THERRIAULT pointed  out his own bill, SB  203, before the                                                               
committee today  has a shorter  findings section, which  he plans                                                               
to review  to see  if it  is necessary. He  repeated that  when a                                                               
findings  section is  unnecessary,  he  believes the  legislature                                                               
should write  a letter  of intent  to avoid  adding pages  to the                                                               
statutes.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS noted  that he does not intend to  pass SB 217 from                                                               
committee today  so members will  have an opportunity to  look at                                                               
that question.                                                                                                                  
                                                                                                                                
SENATOR OLSON explained:                                                                                                        
                                                                                                                                
     The information  that's within not just  the nucleus of                                                                    
     the  cell but  within  the mitochondria  and all  those                                                                    
     other  things...when  you start  to  go  and deal  with                                                                    
     things like ribonucleic  acid and deoxyribonucleic acid                                                                    
     and all those complexities, you  have to have more than                                                                    
     just  what   the  intent   is  because   otherwise  the                                                                    
     bill...misses,  I  think,  how deep  this  really  goes                                                                    
     because certainly  there are  issues - and  even within                                                                    
     the   definitions,  when   you're   starting  to   talk                                                                    
     chromosomes   and  the   protein  that   make  up   the                                                                    
     chromosomes and  the genetic code that's  there, that's                                                                    
     why...I  thought that  we should  have the,  instead of                                                                    
     just  the  intent, which  is  far  more efficient  -  I                                                                    
     understand, but when you start  looking deeper and more                                                                    
     and more  technology goes  forward...this defines  in a                                                                    
     tighter way what we're trying to do.                                                                                       
                                                                                                                                
SENATOR THERRIAULT  noted the statute  should address what  is to                                                               
be  enforced. The  findings  and intent  go  into the  uncodified                                                               
section of the state law for the purpose of clarification.                                                                      
                                                                                                                                
SENATOR OGAN  said the  Alaskan Civil  Liberties Union  (ACLU) is                                                               
calling  DNA a  property right  and believes  if human  genes are                                                               
property,  poor  people could  be  pressured  into selling  their                                                               
organs  or   genetic  material.  He  said   that  raises  ethical                                                               
questions about whether human material  should be devalued to the                                                               
point of being  marketable commodities. He happens  to agree with                                                               
the  ACLU on  that matter.  He said  the bill  refers to  genetic                                                               
information as  a property  right and  the intent  language would                                                               
codify  it  that way  in  statute.  He  asked Senator  Olson  his                                                               
feeling on that issue.                                                                                                          
                                                                                                                                
SENATOR  OLSON   said  he  discussed  that   question  with  ACLU                                                               
representatives and opted not to  change the language in the bill                                                               
because he feels comfortable with the property right.                                                                           
                                                                                                                                
SENATOR OGAN  asked Senator Olson,  as a medical  doctor, whether                                                               
he is  aware of a  split in  opinion among the  medical community                                                               
about classifying  genetic information  as a property  or privacy                                                               
right.                                                                                                                          
                                                                                                                                
SENATOR OLSON replied:                                                                                                          
                                                                                                                                
     That  is a  very good  question, Senator  Ogan....It is                                                                    
     appalling to sometimes see what  goes on throughout the                                                                    
     world having,  as you pointed out,  studied in England,                                                                    
     and  studied law  in England  at  Cambridge, the  stuff                                                                    
     that  you  saw out  there  has  some type  of  negative                                                                    
     visceral reaction  to it....  On the  other end  of the                                                                    
     spectrum...most  students  in   college  have  had  the                                                                    
     opportunity at  one time or  another to go down  to the                                                                    
     local Red  Cross and have  your blood drawn and  get 10                                                                    
     bucks or so, so that's  for giving blood, which I don't                                                                    
     have a problem with. So you  have that on the other end                                                                    
     of the spectrum. So between  the two, ...we all fall as                                                                    
     to what  our thoughts are  on this ethical issue  but I                                                                    
     would  say that  the intent  of this  bill, and  in the                                                                    
     inclusion  of the  property right,  that  it's not  for                                                                    
     certainly the sale of organs, tissues....                                                                                  
                                                                                                                                
CHAIR  SEEKINS acknowledged  that the  purpose  of SB  217 is  to                                                               
protect genetic information based on  an individual right, not to                                                               
determine the ethics of selling body parts.                                                                                     
                                                                                                                                
SENATOR OLSON agreed.                                                                                                           
                                                                                                                                
CHAIR SEEKINS took public testimony.                                                                                            
                                                                                                                                
8:45 a.m.                                                                                                                       
                                                                                                                                
MS.  JENNIFER RUDINGER,  Executive Director  of the  Alaska Civil                                                               
Liberties  Union, said  that the  right to  privacy is  among the                                                               
strongest  guarantees  in  the   Alaska  Constitution.  The  ACLU                                                               
appreciates Senator Olson's and  the committee's interest in this                                                               
important issue.  The ACLU made  several suggestions in  a letter                                                               
sent to Senator Olson and feels  most strongly about two of those                                                               
suggestions.  First,  the ACLU  would  like  the bill  to  define                                                               
"informed  consent"  and  second,  the ACLU  would  like  to  see                                                               
protections from  discrimination included in the  bill. She noted                                                               
that  she   respectfully  disagrees  with  Senator   French  that                                                               
including  such protections  would be  outside the  scope of  the                                                               
bill. She pointed  out if the state is going  to acknowledge this                                                               
important privacy right, the bill  should contain some "teeth" to                                                               
protect that right. She said 46 states have some type of anti-                                                                  
discrimination  measure,  mainly   related  to  health  insurance                                                               
policies.   Alaska  has   two  statutes   that  deal   with  that                                                               
discrimination  based on  genetic information;  however, "genetic                                                               
information"  is not  defined in  Alaska statute.  Those statutes                                                               
say that a  health care provider cannot discriminate  in terms of                                                               
eligibility for  health insurance  based on  genetic information,                                                               
among  other things.  She suggested,  "It would  be important,  I                                                               
think,  to  beef  that  up   a  little  bit  and  define  genetic                                                               
information  and then  beyond eligibility,  protecting people  in                                                               
terms of their coverage."                                                                                                       
                                                                                                                                
MS.  RUDINGER noted  the other  statute prohibits  discrimination                                                               
based   on  genetic   information  in   regard  to   pre-existing                                                               
conditions. She  said it is  important to protect people  in both                                                               
the  health insurance  and employment  context.   It is  a common                                                               
scenario for an  employer to get consent for a  genetic test from                                                               
an  applicant  and  then  to  misuse  the  information  when  the                                                               
employee's disclosure of a genetic  condition leads to employment                                                               
discrimination. The  ACLU wants to  see SB 217 protect  people in                                                               
the two areas of employment and insurance.                                                                                      
                                                                                                                                
CHAIR  SEEKINS referred  to  page  3 of  the  ACLU letter,  which                                                               
clarifies that in Alaska statute,  a person includes corporations                                                               
and all different entities. He then asked Mr. George to testify.                                                                
                                                                                                                                
MR.  JOHN  GEORGE,  representing  the American  Council  of  Life                                                               
Insurers  (ACLI), told  members the  ACLI has  been working  with                                                               
Senator Olson on its concerns with  SB 217. The ACLI believes the                                                               
basis  of the  bill is  well  founded. Because  insurers need  to                                                               
require  some medical  tests, the  ACLI feels  the definition  of                                                               
genetic  testing  in  the  bill  is  overly  broad  because  that                                                               
definition would  include the test  results from, for  example, a                                                               
cholesterol test and  a serum iron test.  Insurance companies use                                                               
tests that are widely accepted,  cheap, and reliable. The type of                                                               
genetic testing  that Senator Olson  intends to protect  does not                                                               
fit that description.                                                                                                           
                                                                                                                                
MR.  GEORGE   informed  members  that  he   provided  a  proposed                                                               
amendment to  Senator Olson  that contains  a new  definition. He                                                               
said he  would prefer to work  with Senator Olson to  see if they                                                               
can agree on  a new definition. He then told  members that ACLI's                                                               
second concern  regards adverse selection.  He explained  that if                                                               
an insured knows  he or she has a medical  condition and does not                                                               
disclose that to the insurance  company, there is the possibility                                                               
of adverse selection. If a person  knows that he or she is likely                                                               
to die  in a  year from now,  that person is  likely to  buy more                                                               
life insurance.  Insurance companies believe that  if the insured                                                               
knows  something  about  a  medical  condition  beforehand,  that                                                               
information  should be  disclosed  to the  insurance company  for                                                               
underwriting purposes.                                                                                                          
                                                                                                                                
He informed  members that applicants  sign a disclosure  form for                                                               
medical information when applying for  insurance. He also noted a                                                               
good portion  of the Division of  Insurance's privacy regulations                                                               
have  to  do  with  disclosure of  health  information  and  what                                                               
insurance  companies  can  do with  that  information.  Insurance                                                               
companies are  also subject to  the Health  Insurance Portability                                                               
and  Accountability   Act  (HIPAA)  regulations,   which  address                                                               
authorization  by   an  applicant   for  disclosure   of  medical                                                               
information. SB  217 would require  a separate  authorization for                                                               
disclosure  of  genetic information.  He  noted  if an  insurance                                                               
company  does  business  in  50  states  and  each  state  has  a                                                               
different requirement, it would have  to provide a different form                                                               
in each  state and  deal with  insureds that  move from  state to                                                               
state.  The ACLI  believes the  authorization forms  it uses  now                                                               
comply with  HIPAA and  are adequate  for people  who voluntarily                                                               
apply for insurance.                                                                                                            
                                                                                                                                
He  said  once  an  insurance  company  has  information,  it  is                                                               
obligated to maintain those records.  SB 217 originally allowed a                                                               
person to withdraw his or  her information, however the insurance                                                               
company  would  be  required  to  maintain  the  file.  Insurance                                                               
companies are subject  to audit by the Division  of Insurance and                                                               
disclose client  files when selling  the company or  applying for                                                               
reinsurance.                                                                                                                    
                                                                                                                                
8:56 a.m.                                                                                                                       
                                                                                                                                
CHAIR SEEKINS asked  if he were to voluntarily get  a DNA test to                                                               
learn how  to live a better  life, whether he would  be obligated                                                               
to share the information with an insurance company.                                                                             
                                                                                                                                
MR.  GEORGE said  if an  insurance company  asked health  related                                                               
questions, he would  be obligated to answer them.  He asked Chair                                                               
Seekins if  he knew he had  a disease that was  diagnosed using a                                                               
non-genetic type test, he would feel obligated to disclose it.                                                                  
                                                                                                                                
CHAIR SEEKINS  said he  would feel obligated  to disclose  a pre-                                                               
existing condition but he was referring to a predisposition.                                                                    
                                                                                                                                
MR. GEORGE said  the definition he plans to  address with Senator                                                               
Olson addresses a predisposition and a pre-existing condition.                                                                  
                                                                                                                                
CHAIR  SEEKINS  asked if  once  the  insurance company  has  that                                                               
information, it becomes the insurance  company's property and can                                                               
be sold and shared.                                                                                                             
                                                                                                                                
MR. GEORGE said  he was not sure how to  answer that question. He                                                               
pointed  out  an  insurance  company  would  be  prohibited  from                                                               
selling the information.  However, if he bought  a life insurance                                                               
policy from Company A and that  company decided to get out of the                                                               
life insurance  business and sell  to Company B, Company  B would                                                               
want to review the underwriting files to determine the risk.                                                                    
                                                                                                                                
CHAIR SEEKINS indicated the information  appears to be a saleable                                                               
commodity.                                                                                                                      
                                                                                                                                
MR. GEORGE said ownership of  the policy is with the policyholder                                                               
but the insurance company offering  that policy can sell the book                                                               
of  business. In  addition,  if  a company  wants  to reinsure  a                                                               
policy, the reinsurance  company will want to look  at that file.                                                               
He noted the  privacy regulations that the  Division of Insurance                                                               
is in the  process of adopting contain  specific guidelines about                                                               
what is permissible  and what is not. Medical  information is not                                                               
public information and is not available on the Internet.                                                                        
                                                                                                                                
CHAIR SEEKINS  asked if that  information is put into  a database                                                               
that is  available to  other members  of the  insurance industry,                                                               
either on a membership or fee basis.                                                                                            
                                                                                                                                
MR. GEORGE said it is not.                                                                                                      
                                                                                                                                
CHAIR SEEKINS asked, in that case,  if he gave the information to                                                               
Company  A,  it  would  not  be  put  into  a  database  that  is                                                               
accessible by Company B.                                                                                                        
                                                                                                                                
MR. GEORGE replied:                                                                                                             
                                                                                                                                
     Senator,  my understanding  is  that  if we're  talking                                                                    
     about a  national database  that someone  can subscribe                                                                    
     to and  just access,  the answer  is absolutely  not. I                                                                    
     gave the example of Company A  and B and, in that case,                                                                    
     it would  be because  there is a  business relationship                                                                    
     and  a reason  for  doing that.  Again,  what are  they                                                                    
     doing with  the information?  Are they  using it  for a                                                                    
     business  purpose to  decide whether  or not  to accept                                                                    
     the business  as opposed to  selling it to  your credit                                                                    
     card company or to your  bank or to a prescription drug                                                                    
     company?                                                                                                                   
                                                                                                                                
CHAIR  SEEKINS said  it seems  that the  intent of  SB 217  is to                                                               
establish  a  level  of privacy  on  an  individual  relationship                                                               
basis. He  asked if  when he shares  information with  Company A,                                                               
whether,  without his  knowledge or  consent, it  is a  shareable                                                               
commodity with  another entity. He  thought that is  what Senator                                                               
Olson  was trying  to  protect. He  said he  wants  to know  what                                                               
actually happens  to the data  once it  is shared with  Company A                                                               
and  asked Mr.  George  to  get back  to  him  with a  definitive                                                               
answer.                                                                                                                         
                                                                                                                                
MR.  GEORGE  said   he  feels  absolutely  safe   in  saying  the                                                               
information  is not  saleable  or shareable  other  than for  the                                                               
specific permissive  uses listed  in the Division  of Insurance's                                                               
regulations for  claims adjusting and  other purposes. It  is not                                                               
available for any purpose not related to that insurance policy.                                                                 
                                                                                                                                
CHAIR SEEKINS noted with no  further testimony, he would hold the                                                               
bill in committee and announced a 5-minute recess.                                                                              

Document Name Date/Time Subjects