Bill Text: OR SB256 | 2011 | Regular Session | Introduced

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Bill Title: Relating to security of personal health care information; declaring an emergency.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB256 Detail]

Download: Oregon-2011-SB256-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2862

                         Senate Bill 256

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Human Services and Rural Health Policy)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates Task Force on Technology and Security of Personal
Health Care Information.
  Sunsets task force on January 1, 2013.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to security of personal health care information; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Task Force on  + }  { +  Technology and
Security of Personal Health Care Information is established,
consisting of 11 members appointed as follows:
  (a) The President of the Senate shall appoint two members from
among members of the Senate.
  (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives.
  (c) The Director of the Oregon Health Authority and the
Director of Human Services shall jointly appoint four members
with expertise in technological means of storage, duplication,
confidentiality and security of personal health care information.
  (d) The Governor shall appoint three representatives of the
general public with personal experience in matters involving
personal health care information.
  (2) The task force shall study, research, hold public hearings
and make recommendations for a plan to protect and maintain the
security and confidentiality of personal health care information
that is maintained through technological means, including but not
limited to computers, printers, copy machines and other equipment
that stores print or electronic data that can be read or
reconstructed. The task force shall also consider best practices
for the sale and transfer of equipment that contains personal
health care information.
  (3) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
  (4) Official action by the task force requires the approval of
a majority of the voting members of the task force.

  (5) The task force shall elect one of its members to serve as
chairperson.
  (6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the voting
members of the task force.
  (8) The task force may adopt rules necessary for the operation
of the task force.
  (9) The task force shall submit a report, and may include
recommendations for legislation, to a legislative committee or an
interim committee of the Legislative Assembly related to health
care information as appropriate no later than October 1, 2012.
  (10) The Oregon Health Authority shall provide staff support to
the task force.
  (11) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the Oregon Health Authority
for purposes of the task force.
  (12) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties.
  (13) For purposes of this section, 'personal health care
information' means:
  (a) Individually identifiable health information that relates
to an individual's past, present or future physical or mental
health or condition, the provision of health care to an
individual or the past, present or future payment for the
provision of health care to an individual; and
  (b) Information that is confidential and protected from
disclosure under the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191) and regulations
pursuant to the Act, including 45 C.F.R. parts 160 and 164. + }
  SECTION 2.  { + Section 1 of this 2011 Act is repealed on
January 1, 2013. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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