Information Technology Commission

November. The motion passed unanimously with Ms. Gibbs, Mr. Hood, and Mr. G. Peterson absent for the vote.

    Ms. Downing briefed the committee on draft legislation "Personal Information Privacy Amendments." She distributed several news articles relating to privacy issues and information from the Canadian and European models. Ms. Downing and Mr. North indicated this was only a draft. The definition of "personal information" was taken directly from the European and Canadian definitions as directed by the Commission at the previous meeting. It was designed to be all inclusive and to allow Commission members to, line-by-line, tailor the bill to Utah's needs. It was recognized that many of the Canadian and European processes would not comport with existing federal and state laws but was intended to be a starting point from which to craft a sound legal public policy on privacy.

    John Nielson, Intermountain Health Care, said the federal government is currently involved in comprehensive legislative analysis of privacy and confidentiality legislation. He spoke about medical records information and history.

    Jeff Hunt, Utah Press Association and Society of Professional Journalists, spoke in opposition to the draft. He sent a letter addressed to the chairs of the Commission regarding "Draft Privacy Amendments/Public Meeting Amendments." Copies of the letter were provided at the meeting for the committee and the public. He explained the contents of the letter.

    Reed Gardner, LDS Hospital/ University of Utah, Intermountain Health Care, and Sharon Sonnenreich, The Salt Lake Tribune, also spoke in opposition to the draft legislation
    
    Chair Steele discussed the possibility of additional public meetings to discuss this issue further.

     MOTION: Jerry Peterson moved that staff draft legislation recommending a task force be created to study the issue of personal information privacy. The motion passed unanimously with Mr. G. Peterson absent for the vote.

3.    Privacy in Medical Records: Should Patients Have Access? _ Rep. Greg Curtis, Utah State Legislature, discussed H.B. 263, "Evidence - Access to Patient Records." Rep. Curtis sponsored the bill in the 1996 General Session.

    Val Bateman, Utah Medical Association, distributed a packet of handouts titled, "Privacy in Medical Records: Should Patients Have Access?" He explained the contents of the packet and suggested that the committee wait to see the outcome of some health privacy bills before congress, which might preempt state authority in the area. He also indicated that, by rule, the

Association had informed its doctors that patients be given access to their records in most cases and summaries of their records in special cases. There was some debate among committee members regarding what a summary was and if it was adequate for a patient requesting his "records."

    Mr. Hood asked Mr. Bateman about the possibility of having the Utah Medical Association appoint a patient advocate, paid for by the Association, to assist patients with medical questions. Chair Steele recommended that Mr. Bateman take the information to the Association and then report his findings to the Commission. Mr. Bateman also said he would have a letter sent to all doctors reminding them about patients' right to access their medical records. Chair Steele asked that the Commission chairs be sent a copy of that letter.

    Kaye Bauer, LDS Hospital/Utah Health Information Management Association, said patients should have access to an unedited copy of their complete medical records, not a summary.
    
    John Nielson, Intermountain Health Care, suggested no action be taken to amend the current statute pertaining to patients' access to medical records.

    Dave Gessell, Vice President of Government Relations, Utah Association of Health Care Providers, said the problem with the current process is that it's not uniform within each hospital organization.

    Rep. Curtis summarized that no one should have more ability than the patient himself to obtain the patient's record, or any other record.

     MOTION: Cliff Ames moved that staff bring draft legislation that mirrors H.B. 263, "Evidence - Access to Patient Records," for debate at the November 13 meeting of the Commission. The motion passed unanimously with Mr. G. Peterson absent for the vote.
                                    
4.    1998-99 (FY99) Information Technology Budget Presentations _ This item was not heard at this meeting.
    
5.    Public Membership Nominations _ Chair Steele asked applicants who were present at the meeting to introduce themselves. He said there would be a potential membership change again during the next summer.

6.    Committee Business - Meetings were scheduled for November 13 and 17 at 1:00 p.m.

     MOTION: Leon Miller moved that staff draft legislation in which the state, including its agencies, political subdivisions, and anyone the state has contracted with, not be held liable in the event of a computer error associated with the year 2000. The motion passed with Ms. Gibbs voting in opposition to the motion. Mr. Capps, Judge Jackson, Mr. G. Peterson, and Mr. J. Peterson were absent for the vote.

    Michelle Joliceur, Digital Trust Corp., and Ken Allen, Department of Commerce, gave a presentation on Digital Signatures. Mr. Allen said NASIRE Association recently awarded the Utah digital signature legislation, as the well as the program, 1st place award in the electronic commerce field.

    MOTION: Sen. Steele moved to adjourn the meeting at 4:30 p.m. The motion passed unanimously.