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Health and Human Services Interim Committee

MINUTES OF THE

HEALTH AND HUMAN SERVICES INTERIM COMMITTEE

April 23, 1997 - 9:00 a.m. -- Room 405 State Capitol



Members Present:    
    Rep. Nora B. Stephens, House Chair
    Sen. Millie M. Peterson
    Sen. Pete Suazo
    Rep. Loretta Baca
    Rep. Mary Carlson
    Rep. Gene Davis
    Rep. Margaret Dayton
    Rep. Bryan D. Holladay
    Rep. Robert H.M. Killpack
    Rep. Carl R. Saunders
    Rep. Raymond W. Short



    
Members Excused:
Sen. Nathan C. Tanner, Senate Chair

Members Absent:

Sen. Robert F. Montgomery
Rep. J. W. "Bill" Hickman     
    
Staff Present:
    Mr. Mark D. Andrews
     Research Analyst
    Ms. Janetha W. Hancock
     Associate General Counsel
    Mr. R. Chet Loftis
     Associate General Counsel
    Ms. Karen E. Mecham
     Secretary


Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
    

1.    Introduction of Committee Members and Staff

    Chair Stephens called the meeting to order at 9:15 a.m. and invited the members of the committee and staff to introduce themselves.

2.     Approval of Minutes

         MOTION: Sen. Peterson moved to approve the November 20, 1996 minutes of the Health and Environment Interim Committee . The motion passed unanimously. Rep. Davis was absent for the vote.

         MOTION: Rep. Killpack moved to approve the November 20, 1996 minutes of the Human Services Interim Committee. The motion passed unanimously. Rep. Davis was absent for the vote.

3.    Committee Responsibilities

        Relevant Statutes and Subject Areas -- Mr. Andrews distributed a packet containing a handout, "A Selection of Related Topics and Statutes." He outlined many of the topics that fall within the broad scope of the committee, including the following: vital statistics, HIV testing procedures, licensure of health care facilities, health insurance, Medicaid, occupational licensing, abortion, adoption, child welfare, criminal findings dealing with mental illness, care of the disabled and aged, family issues, transitional housing for the poor, and substance abuse.

    Mr. Andrews noted that the environmental portion of the former Health and Environment Interim Committee is part of the new Natural Resources, Agriculture and Environment Interim Committee and the public assistance portion of the former Human Services Interim Committee is part of the new Workforce Services Interim Committee.

        Overview of Existing Programs -- Mr. Andrews distributed and discussed a handout outlining the statutory duties and organizational structures of the Department of Health and the Department of Human Services. He noted that policymaking committees comprised of persons with expertise in the relevant areas, who are generally not employees of the departments, are organized within both departments to set policy for the departments.

    Ms. Robin Arnold-Williams, director of the Department of Human Services, introduced her division directors. She said that the department is very broad in its scope and has 4,500 employees. Ms. Arnold-Williams said the department is not static because client needs change and so service models must also change.

    She discussed the department's key initiatives including the implications of privatization. She explained that about 1,000 employees have been transferred to the Workforce Services department as a result of welfare reform. She said that the department is tying down outcome measures to see what difference available services are making in the lives of clients. She explained that accountability is tied to the department's budgeting process and integrating services programs. The department's first report on outcome measures will be ready this fall.

    She also discussed another key initiative of the department, integration of services, and answered questions about the FACT (Families, Agencies, and Communities Together for Children and Youth at Risk) program.

    She said that child support reform has been a major issue in the past. She explained that legislation passed during the 1997 General Session is being implemented. She noted that child welfare reform is also going forward and the juvenile justice system is being evaluated. She explained that 38 percent of the budget goes to private organizations contracted with by the department. She said that the department is developing benchmarks to assess whether functions

can be privatized. She invited the committee to assist the department in determining what should be privatized.

    Sen. Suazo asked that adoptive services of children in state custody also be reviewed. Ms. Arnold-Williams said that a review is taking place to see if adoptive services should be privatized. Sen. Suazo also asked for information on legal services for immigrants. Sen. Taylor said that the adoption people are making headway in schools educating students about adoption. He recommended that a brochure be printed to help them. He said a $1 million savings to the state would be realized within two years if 1 percent of unwed teens receive this information. He asked that this issue be discussed in one of the committee meetings and a bill be prepared to fund this effort.

    Dr. Richard Melton, director of the Department of Health, discussed the organization chart distributed in the packet. He turned to Dr. Scott Williams, deputy director, who distributed two handouts outlining statistical health information.

    Dr. Williams outlined some of the prominent issues. He explained that the department's main function is to deal with controlling infectious diseases. He noted that many exposures are made in day care facilities. He reviewed statistical information on infant mortality, cardiovascular disease, obesity, and other health related matters . He said that motor vehicle accidents and suicide are the leading causes of death in the state for teens. He explained that air quality is also a big issue in health.

    Dr. Melton said that the department will be looking at several issues this year including the licensure of day care facilities, the relationship between the state and local health providers, development of a fee schedule, an audit of the Office of Health Data Analysis, the abortion video, Medicaid reform, emergency medical technician exposure to HIV, outcome measures, the FACT initiative, and an aging and disability study.

    Rep. Dayton asked if statistical accident data is available for cars and also motorcycles for drivers with/without helmets. Rep. Saunders asked for a breakdown of accidents per miles driven and fatalities. Rep. Davis asked for more information on the causes of suicide and data on suicide attempts. Dr. Williams said that a study is being done on suicide to determine causes and windows for intervention.
        
4.    Overview of Legislation

    Mr. Loftis directed committee members to the handout, "1997 Health Legislation." He outlined the major legislation passed in the 1997 General Session. He noted issues such as medical education, health care products, insurance, licensing, managed care, Medicaid, malpractice, rural health care, and tobacco were addressed.
        
    Mr. Loftis outlined the welfare reform legislation including the Single Parent Employment Demonstration (SPED) which has been implemented statewide. The state is also complying with federal welfare reform. He noted that the federal government is now providing block grants and permitting the state to develop its own programs. He explained that the federal government has developed stricter time limits for assistance and that the state has created the new Department of Workforce Services.

    Ms. Hancock outlined the legislation passed in the Human Services area. She discussed child abuse protection, guardian ad litem amendments, adoption of children in DCFS custody, child day care licensing, foster care citizen review board amendments, expanded conservatorship and guardianship services for the elderly and disabled, informed consent amendments, the children's justice center program, Child Welfare Reform Act amendments, and disability.

5.    Potential Studies for 1997 Interim

Chair Stephens asked that the members outline their top five preferences and hand them in at the end of the meeting. Mr. Andrews directed members to a list of potential study items in the packet. He said that Rep. Jones asked that the committee study allowing the state to provide insurance benefits to employees of nonprofit charitable entities.

    Sunset and Repealer Statutes -- Mr. Andrews explained that there are several statutes in the health and human services area subject to sunset review this year. He said there are no statutes in the area subject to the new repealer section of the code. He outlined related audits by the Legislative Auditor General.

    Sen. Peterson suggested that insurance underwriting practices be studied. Rep. Davis suggested that mental health insurance regulation and health benefits should be studied. Rep. Dayton said that emergency injections didn't receive adequate study and asked it be restudied. Rep. Killpack recommended that the Office of Recovery Services and noncustodial parents be studied. Sen. Suazo suggested studying the issue of utilizing funds to continue aid to legal immigrants. Rep. Seitz suggested studying the coordination of tobacco programs and penalties for sale of tobacco to youth. Rep. Baca suggested that the committee study the safety of children in foster care and the negative effects of mediation on child support receivers. Sen. Peterson suggested giving input on what might be included in a tobacco suit settlement, including provisions for cessation patches for low income individuals. Rep. Holladay asked to study providing vouchers for the aged and/or disabled. Rep. Davis suggested studying issues surrounding children at risk, the FACT program, and child welfare reform. Rep. Saunders suggested studying day care center disease rates. Rep. Carlson requested a study of the high rate of certain diseases and suicide in Utah and their prevention, and also review the high-risk insurance pool study, when available. Rep. Davis asked for ample time to study selected issues

rather than giving many issues a cursory review. The committee members agreed. Rep. Holladay asked to study the expanding of underwriting of health care for individual markets. Rep. Baca suggested studying student safety, the forensic facility for the mentally ill in the justice system, and licensure.

    Chair Stephens invited the audience to make suggestions for study items. Mr. Patrick Johnson, Health Policy Commission, said he would be willing, in the committee's May meeting, to give a brief report of the commission's work as it progresses. Dr. Melton said his department will be happy to cooperate with the committee's study as called upon.

6.    HIV Testing Procedures

    Ms. Hancock reviewed how recent statutory changes affecting the testing of emergency medical service providers and public safety officers following a significant exposure to HIV have resulted in conflicts between the health code and the judicial code. Ms. Hancock turned to the back of the packet for information on statutory requirements and disease testing provisions to consider how to resolve these conflicts. She explained that there was a study by the Health Interim Committee in 1988 of emergency medical providers to request that the individual for whom service was provided be required to be HIV tested as the result of a significant exposure. The individual is asked to submit to testing. If they consent, testing is done. The emergency medical provider is notified but must keep the information private. The emergency medical provider can also request workers' compensation.

    In 1995 the legislature passed another bill which included the same category of public safety officers and emergency medical services providers, and also "any other person" who can request testing. The court can order the testing. The order would contain the person's name and address and the court can disclose the information making the confidentiality guarantee vague. She provided a handout outlining the conflicts and issues that are a part of the problem and requested that the committee provide guidance as how it would like to study this issue.

    Rep. Valentine, sponsor of a 1997 "protected" bill that was not considered by the Legislature said that there are answers needed and has authorized release of his bill to facilitate study. He said there needs to be a balance between protection of EMS providers and privacy rights of the individual. Rep. Killpack suggested that other health care providers need this protection as well. Ms. Hancock said that health care providers are treated differently from emergency providers but added that this issue could be added to the study. Rep. Bacca asked whether there are provisions to protect individuals who might be exposed to HIV by health care providers.

    Rep. Valentine suggested that there are several issues that need to be addressed before draft legislation is requested. Rep. Davis suggested legislation be brought forward with the HIV

testing report issues when that report is presented. Rep. Carlson said that the issue be studied first to assist staff in bill preparation. Rep. Davis suggested a sponsor should bring a bill to be studied. Rep. Valentine said he would take up the EMT scope of the bill but leave to others the additional issues raised by committee members.

8.    Adjournment-- Rep. Stephens adjourned the meeting at 11:30 a.m.


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