2000 Legislation
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HOUSE BILL NO. 603 – Records/H&W investigatn/disclosure


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Daily Data Tracking History

H0603.................................................by HEALTH AND WELFARE
RECORDS - HEALTH AND WELFARE DEPARTMENT - Amends existing law to further
clarify when records of the Department of Health and Welfare concerning the
investigation of a complaint against a licensed nursing facility shall be
subject to disclosure.
02/17    House intro - 1st rdg - to printing
02/18    Rpt prt - to St Aff
02/23    Rpt out - ref'd to Health/Wel
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 61-1-8
      AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
      Bruneel, Callister, Chase, Cheirrett, Clark, Crow, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond,
      Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Linford, Loertscher, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Wheeler, Wood, Mr Speaker
      NAYS -- Barrett
      Absent and excused -- Campbell, Cuddy, Gould, Hansen(29), Lake,
      Mader, Trail, Zimmermann
    Floor Sponsor - Bieter
    Title apvd - to Senate
03/13    Senate intro - 1st rdg - to Health/Wel
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 29-3-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
      Ipsen, Keough, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Wheeler, Williams
      NAYS--Hawkins, Parry, Whitworth
      Absent and excused--Davis, King-Barrutia, Thorne
    Floor Sponsor - Stegner
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed
03/22    To Governor
03/24    Governor signed
         Session Law Chapter 58
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 603
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section  9-340C, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
 11    are exempt from disclosure:
 12        (1)  Except as provided in this subsection, all  personnel  records  of  a
 13    current or former public official other than the public official's public ser-
 14    vice  or  employment  history,  classification, pay grade and step, longevity,
 15    gross salary and salary history, status, workplace and employing  agency.  All
 16    other personnel information relating to a public employee or applicant includ-
 17    ing,  but  not  limited  to,  information regarding sex, race, marital status,
 18    birth date, home address  and  telephone  number,  applications,  testing  and
 19    scoring  materials,  grievances,  correspondence  and performance evaluations,
 20    shall not be disclosed to the public without  the  employee's  or  applicant's
 21    written  consent.  A  public official or authorized representative may inspect
 22    and copy his personnel records, except for material used to  screen  and  test
 23    for employment.
 24        (2)  Retired employees' and retired public officials' home addresses, home
 25    telephone  numbers  and  other  financial and nonfinancial membership records;
 26    active and inactive member financial and membership records and mortgage port-
 27    folio loan documents maintained by  the  public  employee  retirement  system.
 28    Financial  statements  prepared by retirement system staff, funding agents and
 29    custodians concerning the investment of assets of the public employee  retire-
 30    ment system of Idaho are not considered confidential under this chapter.
 31        (3)  Information  and records submitted to the Idaho state lottery for the
 32    performance of background investigations of employees, lottery  retailers  and
 33    major procurement contractors; audit records of lottery retailers, vendors and
 34    major  procurement  contractors  submitted  to or performed by the Idaho state
 35    lottery; validation and security tests of the state lottery for lottery games;
 36    business records and information submitted pursuant to sections 67-7412(8) and
 37    (9) and 67-7421(8) and (9), Idaho Code, and  such  documents  and  information
 38    obtained  and  held  for  the  purposes  of lottery security and investigative
 39    action as determined by lottery rules unless the public interest in disclosure
 40    substantially outweighs the private need for protection  from  public  disclo-
 41    sure.
 42        (4)  Records of a personal nature as follows:
 43        (a)  Records of personal debt filed with a public agency pursuant to law;
  1        (b)  Personal  bank records compiled by a public depositor for the purpose
  2        of public funds transactions conducted pursuant to law;
  3        (c)  Records of ownership of financial obligations and  instruments  of  a
  4        public  agency,  such  as bonds, compiled by the public agency pursuant to
  5        law;
  6        (d)  Records, with regard to the ownership of, or security  interests  in,
  7        registered public obligations;
  8        (e)  Vital statistics records.
  9        (5)  Information  in  an  income  or other tax return measured by items of
 10    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 11    administering  the  tax,  except such information to the extent disclosed in a
 12    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 13    deficiency  determination  by the tax commission, under the provisions of sec-
 14    tion 63-3045B, Idaho Code.
 15        (6)  Records of a personal nature related directly or  indirectly  to  the
 16    application for and provision of statutory services rendered to persons apply-
 17    ing for public care for the elderly, indigent, or mentally or physically hand-
 18    icapped,  or  participation in an environmental or a public health study, pro-
 19    vided the provisions of this subsection making records exempt from  disclosure
 20    shall  not  apply  to the extent that such records or information contained in
 21    those records are necessary for a background check on an  individual  that  is
 22    required by federal law regulating the sale of firearms, guns or ammunition.
 23        (7)  Employment  security  information  and unemployment insurance benefit
 24    information, except that all interested parties may agree to waive the  exemp-
 25    tion.
 26        (8)  Any  personal records, other than names, business addresses and busi-
 27    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 28    tax  identification  and  social  security numbers, financial worth or medical
 29    condition submitted to any public agency pursuant to a  statutory  requirement
 30    for licensing, certification, permit or bonding.
 31        (9)  Unless  otherwise  provided  by  agency rule, information obtained as
 32    part of an inquiry into a person's fitness to be granted or retain a  license,
 33    certificate,  permit,  privilege,  commission or position, private association
 34    peer review committee records authorized in title 54, Idaho Code.  Any  agency
 35    which has records  exempt from disclosure under the provisions of this subsec-
 36    tion  shall  annually  make  available a statistical summary of the number and
 37    types of matters considered and their disposition.
 38        (10) The records, finding, determinations and decision of  any  prelitiga-
 39    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 40        (11) Board  of  professional  discipline reprimands by informal admonition
 41    pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
 42        (12) Records of the department of health and welfare or  a  public  health
 43    district that identify a person infected with a reportable disease.
 44        (13) Records  of  hospital  care,  medical records, records of psychiatric
 45    care  or  treatment  and  professional  counseling  records  relating  to   an
 46    individual's  condition, diagnosis, care or treatment, provided the provisions
 47    of this subsection making records exempt from disclosure shall  not  apply  to
 48    the  extent  that  such  records or information contained in those records are
 49    necessary for a background check on an individual that is required by  federal
 50    law regulating the sale of firearms, guns or ammunition.
 51        (14) Information  collected  pursuant  to  the directory of new hires act,
 52    chapter 16, title 72, Idaho Code.
 53        (15) Personal information contained in motor vehicle  and  driver  records
 54    that  is  exempt  from disclosure under the provisions of chapter 2, title 49,
 55    Idaho Code.
  1        (16) Records of the financial status of prisoners pursuant  to  subsection
  2    (2) of section 20-607, Idaho Code.
  3        (17) Records of the department of law enforcement or department of correc-
  4    tion  received or maintained pursuant to section 19-5514, Idaho Code, relating
  5    to DNA databases and databanks.
  6        (18) Records of the department of health and welfare relating to a survey,
  7    resurvey or complaint investigation of a licensed nursing  facility  shall  be
  8    exempt  from disclosure. Such records shall, however, be subject to disclosure
  9    as public records on and after  as  soon  as  the  facility  in  question  has
 10    received  the  report, and no later than the fourteenth day following the date
 11    that department of health and  welfare  representatives  officially  exit  the
 12    facility  pursuant to federal regulations. Provided however, that for purposes
 13    of confidentiality, no record shall be released under this section which  spe-
 14    cifically identifies any nursing facility resident.
 15        (189) Records  and  information contained in the registry of immunizations
 16    against childhood diseases maintained in the department of health and welfare,
 17    including information disseminated to others from the registry by the  depart-
 18    ment of health and welfare.

Statement of Purpose / Fiscal Impact

                STATEMENT OF PURPOSE 
     This bill would amend the open records act as it relates to the records of the
     Department Health and Welfare. Legislation passed in 1999 exempted survey
     records of licensed nursing facilities from disclosure until the fourteenth day
     following the departments exit of a facility. In practice, these records are available
     upon release of the report to the facility, and in compliance with federal law, must
     be released within 10 working days of exiting. This bill clarifies that the records
     will be released to the public when they are released to the facility, but not later
     than the fourteenth day. 
                    FISCAL IMPACT
     There is no fiscal impact. 
                    CONTACT:       Rep. Margaret Henbest
               Rep. David Bieter
               Rep. Max Black
                                             STATEMENT OF PURPOSE/ FISCAL NOTE                             H 603