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Health and Human Services Interim Committee

MINUTES OF THE

HEALTH AND HUMAN SERVICES INTERIM COMMITTEE

August 19, 1998 - 2:00 p.m. -- Room 405 State Capitol


Members Present:    
    
    Rep. Nora B. Stephens, House Chair
    Sen. Robert F. Montgomery
    Sen. Millie M. Peterson
    Rep. Mary Carlson
    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
    Rep. Loretta Baca

Members Absent:
    Sen. Pete Suazo
    Sen. Craig L. Taylor
    Rep. Gene Davis
    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. L. Kaye Clark
     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.    Call to Order and Approval of July 15, 1998 Minutes

    Chair Stephens called the meeting to order at 2:10 p.m. and welcomed the members of the committee. She excused Chair Tanner from the meeting.

     MOTION: Rep. Saunders moved to approve the minutes of the July 15, 1998 meeting. The motion passed unanimously.

2.    Genetic Testing Privacy Act
    
    Mr. Chet Loftis explained that draft legislation Genetic Testing Privacy Act is the first step toward fusing the key components of informed consent and anti-discrimination in 1998 H.B. 271 with the comments the committee has received this interim. He provided the handout Summary of 8-18-98 Draft of Genetic Testing Privacy Act, and explained the legislation. Mr. Loftis noted that the bill restricts the use of genetic information by employers and insurance companies with limited exceptions. Committee discussion followed.

     Mr. Chris Purcell, American Council of Life Insurers, commented that the definition of "genetic testing" needs to be clarified to rule out standard tests such as blood tests, and that informed consent provisions should not prohibit insurers from making normal business disclosures.

    Mr. John T. Nielsen, Intermountain Health Care, has been working with Sen. Bennett's office regarding federal privacy issues. He argued that all medical information needs to be treated the same with regards to privacy, and urged the committee not to take action until after Congress takes action. He said that insurance companies have to be able to assess risk and that there should be debate on whether this is a legitimate underwriting criterion. He said that their ought to be gradations in the penalty for disclosure of genetic information and also expressed concern with the Section 26-44-105 regulation of disclosure, indicating that it is impossible to know ahead of time who will have access to a medical record as it flows through a hospital.

    Ms. Jodi Statler, Division of Aging and Adult Services, agreed that the committee should not move forward with this legislation until Congress has taken action. She expressed concern that this bill may create a disincentive among the aging population to receiving preventative testing that could extend life.

    Ms. Corrie Sutherland, American Civil Liberties Union of Utah, stated that the ACLU supports the legislation with the exception of language (page 7, lines14-16) which may allow an employer to demand genetic information if the employer believes an individual's health condition poses a safety risk. She added that this legislation is a step toward general medical privacy legislation.

    Mr. Val Bateman, Utah Medical Association, expressed his support for the adoption of an overall medical privacy law rather than separate policies for each type of medical test. He discussed liability issues regarding DNA samples and also expressed concern about the increased workload that would result to medical providers by having to provide witnesses when informed consent is given.

    Ms. Joyce Dolcott, Legislative Coalition for People With Disabilities, supports the bill because it protects those who need to have genetic testing.

    Ms. Vickie Venne, Huntsman Cancer Institute, supports the bill and recommended that all medical information be protected. She stated that patients are choosing not to have genetic tests because of fear of insurance discrimination. Of the 150 persons she is working with, 20 have decided to not obtain DNA test information, primarily because of concerns about the privacy of the information and the impact that has on getting medical attention and managing risk.

    Mr. Larry Bunkall, Utah Manufacturers Association, said that employers need information to provide protection for all employees. He asked the committee to balance privacy concerns and safety concerns.

    Rep. Killpack expressed concern that this bill may discriminate against adopted children because adopted children may not have access to their biological families' medical histories.

    Chair Stephens addressed the concerns that were expressed regarding the bill. She opposes waiting for federal legislation and said that Sen. Bennett does not expect the federal legislation to pass in the near future. Chair Stephens noted that a federal task force concluded that the benefits of genetic testing may never be realized if there is fear that the information may be used against them. She asked the committee to study the legislation and come prepared to make decisions at a future meeting.

3.    Mental Health Authority and Administration Reform
    
    Ms. Janetha Hancock presented a revised version of 1998 H.B. 352, Mental Health Authority and Administration Reform, and highlighted changes made in response to testimony received at the July meeting. She explained that the definition "public funds" has been narrowed to include those funds ". . . that have been transferred by a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive mental health programs or services for the local mental health authority (Section 17A-3-603.5-1)." Ms. Hancock then reviewed the contract and audit requirements, and noted that the state auditor is required to prescribe guidelines and procedures for audits to assure that no personal benefit is gained from travel or other expenses. She also highlighted changes regarding: the misuse of public funds, the appointment of a receiver by the court, and the removal of the social and physical rehabilitation phrase.

    Mr. John Tanner, Utah Behavioral Healthcare Network, spoke in favor of these changes in the legislation and requested additional time to study the revisions before the committee takes final action on the bill.

    Mr. Dave Gessell, Utah Hospital Association, said that the revised definition of "public funds" resolves his concerns with the previous draft of the legislation.

    Ms. Robin Arnold-Williams, Department of Human Services (DHS), requested that these provisions also be extended to include local substance abuse authorities and providers. She added that DHS will support this legislation as an agency bill.

    Ms. Hancock presented information regarding the legality of county commissioners sitting on boards of private corporations that contract with the county to provide mental health services. She referred to handouts Title 67 Chapter 16 - Utah Public Officers' and Employees'

Ethics Act and Opinion No. 88-028, and concluded that sitting on a board most likely would be a violation of the Ethic's Act.

4.    "Date Rape" Drugs
    
    Chair Stephens reminded the committee that after discussion at last month's meeting, they requested that staff draft legislation to enhance the penalty for the use of certain substances in the commission of a sex offense. Ms. Hancock then reviewed the draft legislation Enhanced Penalties for Use of Date Rape Drugs. She explained that the bill adds to the existing law on aggravated sexual assault providing that intentional administration of a substance without the victim's knowledge, for the purpose of impairing a victim, constitutes aggravated sexual assault. The committee discussed the effect of removing the language "without the victim's knowledge." Ms. Hancock advised the committee to hear testimony from prosecutors as to the effect of removing that language.

    Mr. Ed McConkie, Utah Sentencing Commission, offered the assistance of the commission in this matter and said it has conducted several studies in the area of consent. However, he could not offer an opinion at that time.

    Rep. Carlson requested clarification of what constitutes "date rape drugs" and "any substance." Ms. Hancock explained that because not all date rape drugs are controlled substances, it was necessary to use the language "any substance" to include those drugs.

    Ms. Mary Lou Bozich, Utah Substance Abuse and Anti-Violence Coordinating Council, announced an upcoming conference on drug and violence issues, where this subject will be discussed.

    Mr. Jon Christensen, Hoffman-La Roche, distributed a packet of information titled Substance-Related Assault. He strongly supports this bill and offered to provide assistance with the bill. He agreed with Ms. Hancock that to cover all possible scenarios, date rape drugs need to be referred to as "any substance" in the legislation. He emphasized the need for education in reducing the risk of substance-related rape.

    Chair Stephens informed the committee that more information will be gathered on this topic.

5.    Other Business - There was no other business discussed.

6.    Adjourn

     MOTION: Sen. Peterson moved to adjourn the meeting at 4:15 p.m. The motion passed unanimously.

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