Print Friendly HOUSE BILL NO. 603 – Records/H&W investigatn/disclosure
HOUSE BILL NO. 603
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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
|||| 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
2 RELATING TO RECORDS EXEMPT FROM DISCLOSURE; AMENDING SECTION 9-340C, IDAHO
3 CODE, TO REQUIRE THAT CERTAIN RECORDS CONCERNING AN INVESTIGATION OF A
4 LICENSED NURSING FACILITY ARE SUBJECT TO DISCLOSURE UNDER TERMS SPECIFIED
5 AND TO MAKE A TECHNICAL CORRECTION.
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:
9 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
10 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
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-
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
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-
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 (1 89) 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
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.
There is no fiscal impact.
CONTACT: Rep. Margaret Henbest
Rep. David Bieter
Rep. Max Black
STATEMENT OF PURPOSE/ FISCAL NOTE H 603