SB 135-MENTAL HEALTH INFORMATION AND RECORDS  SENATOR WARD moved to adopt CSSB 135(HES), Version C, as the working document of the committee. There being no objection, the motion carried. CHAIRWOMAN GREEN asked Mr. Elmer Lindstrom to describe the changes made in the committee substitute. MR. ELMER LINDSTROM explained that in December of 2000, a legislative audit was released that took the Department of Health and Social Services (DHSS) to task for its inability to gather client-specific data from community mental health centers for persons served with general fund grant dollars. Community health centers are funded through two mechanisms; one being Medicaid and the other a grant-in-aid program. DHSS has very good data on clients served through Medicaid but the same type of data is not collected for services provided with grant-in-aid dollars. Legislative Budget and Audit (LBA) pointed out that DHSS ought to know the cost per client, who is served, the services provided and the outcomes of clients who receive services from the grant-in-aid dollars. DHSS concurs with the legislative audit, however the statute is very ambiguous as to DHSS's authority to collect that information, which CSSB 135(HES) will clarify. DHSS has a lot of experience dealing with confidentiality issues; virtually every division has confidential records. He is frequently asked by the legislature why DHSS cannot make more information available rather than being accosted for leaking information. SENATOR LEMAN asked if DHSS has a system for archiving or purging records that are no longer useful. MR. LINDSTROM said he does not know the exact procedure but he guessed that most records are ultimately archived or destroyed. CHAIRWOMAN GREEN referred to page 30 of the legislative audit and read: Without this ability, the Department of Health and Social Services cannot identify the total population of mental health clients served, nor detect if Medicaid payments are being made for clients also funded through state grants. She noted that feeds in with cost containment efforts underway by the Legislature. She pointed out that regarding confidentiality, the same information is required of an insurance company. She informed committee members that Pat Davidson from Legislative Budget and Audit was present to answer any questions members may have. CHAIRWOMAN GREEN said that SB 135 is prospective and she is concerned that many people are being asked to offer information but have refused. She asked Mr. Lindstrom if it would be helpful to put a retroactive clause in the bill. MR. LINDSTROM clarified that the committee substitute contains a retroactive clause. He stated that although a retroactive clause makes sense on a conceptual level, providers have resisted providing that information in the past. A working group made up of DHSS employees, providers and consumers has been assembled to determine which data should be provided. He expressed concern that the working group may come up with a slightly different data set than what is required in the bill. DHSS would prefer not to have the retroactive clause as it is likely to generate opposition. Number 619 CHAIRWOMAN GREEN commented that the information requested in the bill is what the legislature needs. She asked if SB 135 should include any other information that DHSS needs. MR. LINDSTROM said in an ideal world, without the retroactive clause, DHSS will probably have good baseline data for several years in the future if it begins on July 1. It would be useful for DHSS collect retroactive data but he suspects that may not be possible as a practical matter. CHAIRWOMAN GREEN asked if there is any way to frame it in terms of disputed claims. MR. LINDSTROM said he did not know and would need time to get more information. CHAIRWOMAN GREEN decided to leave the retroactive clause in the bill and pass it on to the Senate Judiciary Committee, where Mr. Lindstrom could present that information. SENATOR WARD moved CSSB 135(HES) from committee with individual recommendations. There being no objection, the motion carried.