PRESS RELEASE

For Immediate Release

Monday, February 10, 2003 ======================================

Citizens' Council on Health Care

1954 University Ave. W., Suite 8

St. Paul, MN 55104

CONTACT:Twila Brase, R.N., President

PHONE: 651-646-8935

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TWO BILLS TO STOP STATE HEALTH DATA COLLECTION PASS HOUSE COMMITTEES IN MINNESOTA

(St. Paul, Minnesota) -- The Minnesota House voted in two committees to restrict the Minnesota Department of Health from gaining access to private medical record information and using it for state research.

In today's Health and Human Services Policy Committee, HF297, introduced by Rep. Bill Haas' (R-Champlin) to repeal state authority to collect patient data without patient consent, was narrowly passed on a voice vote and sent to the Government Operations and Veteran's Affairs Committee for consideration. In today's Government Operations and and Veteran's Affairs Committee, HF162, introduced by Rep. Marty Seifert (R-Marshall) to prohibit the health department from implementing the data collection rule until the legislature specifically approves the rule, was overwhelmingly passed on a voice vote and sent to the floor for debate by all members of the House of Representatives.

"We are pleased that these two committees voted in favor of protecting patient rights, privacy rights, and the Fourth Amendment rights of Minnesota citizens," said Twila Brase, president of the Citizens' Council on Health Care (CCHC). She testified in both of today's hearings.

EMPLOYERS SUPPORT DATA COLLECTION

In the HHS Policy Committee, members heard for the first time public testimony opposing the repeal of the data collection law. Previous opposition had come only from the Minnesota Department of Health (MDH). Carolyn Pare, from the Buyers' Health Care Action Group, an organization representing approximately 40 large employers, supported the collection saying the law would allow the creation of "standardized objectified data." She also noted that the data collected by the MDH on procedures and practitioners could be compared with treatment guidelines.

"Employers are pushing for state standardization of health care. But patients do not need or want cookie cutter medicine coming out of the state health department. At risk is the patient's freedom to work with doctors to make decisions that meet their individual needs. The health care system was created to serve the needs of patients, not the needs of employers," says Brase.

"Employers are hoping to cut health care costs by applying state pressure. Instead, they should be pushing the legislature to make changes that get employers out of the business of health insurance and out of the private lives of their employees," adds Brase.

STATE LAW CHALLENGED

The bills are in response to a 1993 state law granting the MDH authority to collect individually-identifiable patient medical record information from insurers and hospitals and health care practitioners for research on quality, utilization, cost and outcomes. The MDH was given rulemaking authority, but because of difficulties standardizing the collection of data and lack of computerized data systems, did not publish the proposed rule for public comment until August 2002.

Public outcry, initiated by an email alert from CCHC, forced the department to hold a hearing before an administrative law judge on October 4, 2002. On December 2, 2002, the judge approved the rule.

Governor Ventura, who had the power to veto it, did not. Because in-coming Governor Pawlenty publicly expressed some concern, the Department chose to wait on the new administration, and to consult with the new Commissioner of Health, before beginning the data collection. In the meantime, Representatives Haas and Seifert have introduced bills to repeal the law or stop MDH from collecting the data.

"Receiving health care in Minnesota should not require citizens to become subjects of state research and surveillance. Patient consent for data collection and research is key to preserving patient trust in their doctors and protecting the integrity of the entire health care system," says Brase.

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CCHC is an independent non-profit free-market health care policy organization located in St. Paul, Minnesota.

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A free-market resource for designing the future of health care

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Citizens' Council on Health Care

1954 University Ave.W., Suite 8

St. Paul, MN 55104

651-646-8935 phone

651-646-0100 fax

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