2002 Legislation
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SENATE BILL NO. 1319 – Trauma registry, created


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S1319.................................................by HEALTH AND WELFARE
TRAUMA REGISTRY - Adds to and amends existing law to create a comprehensive
trauma reporting system to gather pertinent data relating to trauma
incidents in Idaho; to create a Trauma Registry Fund; and to provide for
confidentiality of medical information.
01/22    Senate intro - 1st rdg - to printing
01/23    Rpt prt - to Health/Wel
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge,
      Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne(Thorne), Wheeler, Williams
      NAYS -- None
      Absent and excused -- Davis, Ingram
    Floor Sponsor - Darrington
    Title apvd - to House
02/05    House intro - 1st rdg - to Health/Wel
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 65-2-3
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kunz, Lake, Langford, Loertscher, Mader, Martinez,
      McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Kendell, Tilman
      Absent and excused -- Aikele, Deal, Kellogg
    Floor Sponsors - Montgomery & Moyle
    Title apvd - to Senate
03/14    To enrol
03/15    Rpt enrol - Pres signed
    Sp signed - to Governor
03/27    Governor signed
         Session Law Chapter 329
         Effective: 07/01/02 for rule promulgation by 01/01/03
         01/01/08, Sunset Clause

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1319
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
 13    Be It Enacted by the Legislature of the State of Idaho:
 14        SECTION 1.  The Legislature finds and declares that it is in the interests
 15    of the citizens of this state to authorize a  comprehensive  trauma  reporting
 16    system  in order to record information in a central location which will enable
 17    policymakers to assess availability and effectiveness of trauma care. The Leg-
 18    islature specifically intends that the system  shall  not  rely  upon  general
 19    funds,  but  shall  be funded entirely from sources provided for that purpose.
 20    Furthermore, the implementation of the trauma registry shall not impose  addi-
 21    tional  costs  involuntarily  upon  hospitals  or  health care facilities. The
 22    trauma registry shall not result in a classification system for hospitals or a
 23    system of mandated referrals based upon a classification system.
 24        SECTION 2.  That Title 57, Idaho Code, be, and the same is hereby  amended
 25    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 26    ter 20, Title 57, Idaho Code, and to read as follows:
 27                                      CHAPTER 20
 28                                   TRAUMA REGISTRY
 29        57-2001.  PURPOSE OF THE REGISTRY. (1)  The specific issues to be  identi-
 30    fied and evaluated through the trauma registry are:
 31        (a)  Injury surveillance;
 32        (b)  Geographic patterns of trauma incidence;
 33        (c)  Types of injuries treated in hospitals in Idaho;
 34        (d)  Areas  or  regions  of  the state where improvements in the emergency
 35        medical system may be needed;
 36        (e)  Public education and prevention needs and efforts; and
 37        (f)  Other factors to consider in recommending, designing or  implementing
 38        a statewide trauma system.
 39        (2)  The  data  collected by the trauma registry shall be of such a nature
 40    as to allow the department to identify at least the following:
 41        (a)  Access to care;
  1        (b)  Performance of the out-of-hospital  and  hospital  emergency  medical
  2        systems;
  3        (c)  Costs of trauma care; and
  4        (d)  Outcomes of persons who are victims of trauma.
  5        (3)  The  department  shall  evaluate  the data collected, as well as data
  6    collected from other relevant sources, and, beginning one (1) year  after  the
  7    effective date of this chapter, shall prepare an annual report.
  8        57-2002.  TRAUMA REGISTRY -- DEFINITIONS. When used in this chapter:
  9        (1)  "Confidential  information"  means  information  which may identify a
 10    patient, health care facility or health care practitioner.
 11        (2)  "Contractor" means that individual, partnership, corporation or other
 12    entity performing trauma registry services under a contractual agreement  with
 13    the department.
 14        (3)  "Deidentified information" means records and information contained in
 15    the  trauma  registry, including compilations and analyses thereof, which does
 16    not contain information which might identify a patient, health  care  facility
 17    or health care practitioner.
 18        (4)  "Department"  means  the  bureau of emergency medical services of the
 19    Idaho department of health and welfare.
 20        (5)  "Trauma" is the result of an act or  event  that  damages,  harms  or
 21    hurts  a  human  being resulting in intentional or unintentional damage to the
 22    body resulting from acute exposure  to  mechanical,  thermal,  electrical,  or
 23    chemical energy or from the absence of such essentials as heat or oxygen.
 24        (6)  "Trauma  registry"  means  the population based data system that pro-
 25    vides ongoing and systematic collection, analysis, interpretation, and dissem-
 26    ination of information related to injury for  system  improvement,  prevention
 27    and  research  activities.  Elements in the registry shall describe the nature
 28    and scope of the injury problem, identify  the  incidence  and  prevalence  of
 29    traumatic  injury, severity of injury, performance of out-of-hospital and hos-
 30    pital emergency medical systems, patient outcome, and the impact of trauma  on
 31    the health care system.
 32        (7)  "Trauma  system"  means  the  organized  approach to treating injured
 33    patients that establishes and promotes standards for  patient  transportation,
 34    equipment, and information analysis for effective and coordinated trauma care.
 35    Trauma systems represent a continuum of care that is fully integrated into the
 36    emergency  medical services system and is a coordinated effort between out-of-
 37    hospital and hospital providers with the close cooperation of medical special-
 38    ists in each phase of care. The focus is on prevention, coordination of  acute
 39    care,  and  aggressive  rehabilitation.  Ideally,  systems  are designed to be
 40    inclusive of all injured patients requiring acute care facilities, striving to
 41    meet the needs of the patient, regardless of  the  severity  of  injury,  geo-
 42    graphic  location  or population density. Ultimately, a trauma system seeks to
 43    prevent injuries from happening and the reduction of death and disability when
 44    it does happen.
 45        57-2003.  ESTABLISHMENT OF TRAUMA REGISTRY. The department, or  an  autho-
 46    rized contractor of the department, shall:
 47        (1)  Establish a trauma registry to collect and analyze information on the
 48    incidence, severity, causes and outcomes of trauma, and other such data neces-
 49    sary to evaluate trauma and the health system's response to it;
 50        (2)  Establish the data elements and data dictionary, including child spe-
 51    cific  data elements that hospitals must report, and the time frame and format
 52    for reporting by adoption of rules in the manner provided in chapter 52, title
 53    67, Idaho Code;
  1        (3)  Support, where necessary, data collection and abstraction by  provid-
  2    ing:
  3        (a)  A  data  collection system and technical assistance to each hospital;
  4        and
  5        (b)  Funding or, at the discretion of the department, personnel  for  col-
  6        lection and abstraction for each hospital.
  7        57-2004.  PARTICIPATION  IN  PROGRAM.  (1)  Each  licensed  hospital shall
  8    report each case of trauma which meets the inclusion criteria to  the  depart-
  9    ment  or the authorized contractor of the department within one hundred eighty
 10    (180) days of treatment.
 11        (2)  Each report of trauma shall include information  as  defined  by  the
 12    department.
 13        (3)  The  department or authorized contractor of the department shall have
 14    physical access to all records which would identify  reportable  cases  and/or
 15    establish  characteristics, treatment or medical status of reportable cases in
 16    the event that there has been a failure to report as delineated in subsections
 17    (1) and (2) of this section.
 18        (4)  Nothing in this chapter shall prevent the  department  or  authorized
 19    contractor from identifying and reporting cases using data linkages with death
 20    records, other trauma registries, and other potential sources.
 21        57-2005.  CREATION  OF  TRAUMA  REGISTRY  FUND -- PURPOSE. There is hereby
 22    created and established in the state treasury  a  fund  to  be  known  as  the
 23    "Trauma  Registry  Fund" to which shall be deposited the revenues derived from
 24    grants, appropriations or other sources of funds. All moneys now or  hereafter
 25    in  the trauma registry fund are hereby dedicated for the purpose of contract-
 26    ing for and obtaining the services of a  continuous  registry  of  all  trauma
 27    incident  patients  in the state of Idaho and maintaining cooperative exchange
 28    of information with other states providing a similar trauma incident registry.
 29    The department of health and welfare, bureau of emergency medical services, is
 30    charged with the administration  of  this  fund  for  the  purposes  specified
 31    herein.  All claims against the fund shall be examined, audited and allowed in
 32    the manner now or hereafter provided by law for claims against  the  state  of
 33    Idaho.
 34        57-2006.  CONFIDENTIALITY.  (1)  Information  and records contained in the
 35    trauma registry shall be kept confidential and may be released  only  as  pro-
 36    vided by this chapter and the rules of the department.
 37        (2)  The department and authorized contractor may enter into agreements to
 38    exchange  confidential  information  with  other trauma registries in order to
 39    obtain complete reports of Idaho residents treated in other states and to pro-
 40    vide information to other states regarding their residents treated  in  Idaho.
 41    Agreements sharing information from the trauma registry shall include a provi-
 42    sion requiring the receiving agency to keep such information confidential.
 43        (3)  The  department  and  authorized contractor may, in their discretion,
 44    publish or furnish to health researchers and the public, deidentified informa-
 45    tion including compilations and analyses thereof.
 46        (4)  The department and authorized  contractor  may  furnish  confidential
 47    information  to  other  trauma  registries, federal trauma programs, or health
 48    researchers in order to perform and collaborate with research studies. Persons
 49    and entities receiving confidential information  for  research  purposes  must
 50    comply  with rules of the department relating to the confidentiality of trauma
 51    registry records and information.
 52        (5)  The department and authorized  contractor  may  furnish  confidential
  1    information  relating  to a specific licensed hospital, including compilations
  2    and analyses of such confidential information, to the specific licensed hospi-
  3    tal to which it relates.
  4        (6)  Trauma registry records and information shall not  be  available  for
  5    purposes of litigation except by order of the court. Any such order shall con-
  6    tain such protective provisions as are reasonable and necessary to prevent the
  7    public or further disclosure of  the records and information and shall contain
  8    a  provision  requiring the destruction of the records and information when no
  9    longer needed for the litigation.
 10        57-2007.  LIABILITY. (1) No action for damages arising from the disclosure
 11    of confidential information may be maintained against any  reporting  entities
 12    or  employees of such entities that participate in good faith in the reporting
 13    of trauma registry data in accordance with this chapter.
 14        (2)  No license of a health care facility or health care practitioner  may
 15    be  denied, suspended or revoked for the good faith disclosure of confidential
 16    information in accordance with this chapter.
 17        (3)  The immunity granted in subsections (1) and (2) of this section shall
 18    not be construed to apply  to  the  unauthorized  disclosure  of  confidential
 19    information when such disclosure is due to gross negligence or willful miscon-
 20    duct of the reporting entities.
 21        SECTION  3.  That  Section  9-340C, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
 25    are exempt from disclosure:
 26        (1)  Except as provided in this subsection, all  personnel  records  of  a
 27    current or former public official other than the public official's public ser-
 28    vice  or  employment  history,  classification, pay grade and step, longevity,
 29    gross salary and salary history, status, workplace and employing  agency.  All
 30    other personnel information relating to a public employee or applicant includ-
 31    ing,  but  not  limited  to,  information regarding sex, race, marital status,
 32    birth date, home address  and  telephone  number,  applications,  testing  and
 33    scoring  materials,  grievances,  correspondence  and performance evaluations,
 34    shall not be disclosed to the public without  the  employee's  or  applicant's
 35    written  consent.  A  public official or authorized representative may inspect
 36    and copy his personnel records, except for material used to  screen  and  test
 37    for employment.
 38        (2)  Retired employees' and retired public officials' home addresses, home
 39    telephone  numbers  and  other  financial and nonfinancial membership records;
 40    active and inactive member financial and membership records and mortgage port-
 41    folio loan documents maintained by  the  public  employee  retirement  system.
 42    Financial  statements  prepared by retirement system staff, funding agents and
 43    custodians concerning the investment of assets of the public employee  retire-
 44    ment system of Idaho are not considered confidential under this chapter.
 45        (3)  Information  and records submitted to the Idaho state lottery for the
 46    performance of background investigations of employees, lottery  retailers  and
 47    major procurement contractors; audit records of lottery retailers, vendors and
 48    major  procurement  contractors  submitted  to or performed by the Idaho state
 49    lottery; validation and security tests of the state lottery for lottery games;
 50    business records and information submitted pursuant to sections 67-7412(8) and
 51    (9) and 67-7421(8) and (9), Idaho Code, and  such  documents  and  information
 52    obtained  and  held  for  the  purposes  of lottery security and investigative
  1    action as determined by lottery rules unless the public interest in disclosure
  2    substantially outweighs the private need for protection  from  public  disclo-
  3    sure.
  4        (4)  Records of a personal nature as follows:
  5        (a)  Records  of  personal  debt filed with a public agency or independent
  6        public body corporate and politic pursuant to law;
  7        (b)  Personal bank records compiled by a public depositor for the  purpose
  8        of public funds transactions conducted pursuant to law;
  9        (c)  Records  of  ownership  of financial obligations and instruments of a
 10        public agency or independent public body corporate and  politic,  such  as
 11        bonds,  compiled by the public agency or independent public body corporate
 12        and politic pursuant to law;
 13        (d)  Records, with regard to the ownership of, or security  interests  in,
 14        registered public obligations;
 15        (e)  Vital statistics records.
 16        (5)  Information  in  an  income  or other tax return measured by items of
 17    income or sales, which is gathered by a  public  agency  for  the  purpose  of
 18    administering  the  tax,  except such information to the extent disclosed in a
 19    written decision of the tax commission pursuant to a  taxpayer  protest  of  a
 20    deficiency  determination  by the tax commission, under the provisions of sec-
 21    tion 63-3045B, Idaho Code.
 22        (6)  Records of a personal nature related directly or  indirectly  to  the
 23    application for and provision of statutory services rendered to persons apply-
 24    ing for public care for the elderly, indigent, or mentally or physically hand-
 25    icapped,  or  participation in an environmental or a public health study, pro-
 26    vided the provisions of this subsection making records exempt from  disclosure
 27    shall  not  apply  to the extent that such records or information contained in
 28    those records are necessary for a background check on an  individual  that  is
 29    required by federal law regulating the sale of firearms, guns or ammunition.
 30        (7)  Employment  security  information  and unemployment insurance benefit
 31    information, except that all interested parties may agree to waive the  exemp-
 32    tion.
 33        (8)  Any  personal records, other than names, business addresses and busi-
 34    ness phone numbers, such as parentage, race, religion,  sex,  height,  weight,
 35    tax  identification  and  social  security numbers, financial worth or medical
 36    condition submitted to any public agency or independent public body  corporate
 37    and  politic pursuant to a statutory requirement for licensing, certification,
 38    permit or bonding.
 39        (9)  Unless otherwise provided by agency  rule,  information  obtained  as
 40    part  of an inquiry into a person's fitness to be granted or retain a license,
 41    certificate, permit, privilege, commission or  position,  private  association
 42    peer  review  committee records authorized in title 54, Idaho Code. Any agency
 43    which has records exempt from disclosure under the provisions of this  subsec-
 44    tion  shall  annually  make  available a statistical summary of the number and
 45    types of matters considered and their disposition.
 46        (10) The records, findings, determinations and decisions of any prelitiga-
 47    tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
 48        (11) Complaints received by the board of medicine and  investigations  and
 49    informal  proceedings,  including informal proceedings of any committee of the
 50    board of medicine, pursuant to chapter 18, title 54,  Idaho  Code,  and  rules
 51    adopted thereunder.
 52        (12) Records  of  the  department of health and welfare or a public health
 53    district that identify a person infected with a reportable disease.
 54        (13) Records of hospital care, medical records,  including  prescriptions,
 55    drug  orders,  records or any other prescription information that specifically
  1    identifies an individual patient, prescription records maintained by the board
  2    of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care or
  3    treatment and professional counseling records relating to an individual's con-
  4    dition, diagnosis, care or treatment, provided the provisions  of this subsec-
  5    tion making records exempt from disclosure shall not apply to the extent  that
  6    such  records  or  information  contained in those records are necessary for a
  7    background check on an individual that is required by federal  law  regulating
  8    the sale of firearms, guns or ammunition.
  9        (14) Information  collected  pursuant  to  the directory of new hires act,
 10    chapter 16, title 72, Idaho Code.
 11        (15) Personal information contained in motor vehicle  and  driver  records
 12    that  is  exempt  from disclosure under the provisions of chapter 2, title 49,
 13    Idaho Code.
 14        (16) Records of the financial status of prisoners pursuant  to  subsection
 15    (2) of section 20-607, Idaho Code.
 16        (17) Records  of  the  Idaho  state  police  or  department  of correction
 17    received or maintained pursuant to section 19-5514, Idaho  Code,  relating  to
 18    DNA databases and databanks.
 19        (18) Records of the department of health and welfare relating to a survey,
 20    resurvey  or  complaint  investigation of a licensed nursing facility shall be
 21    exempt from disclosure. Such records shall, however, be subject to  disclosure
 22    as public records as soon as the facility in question has received the report,
 23    and  no  later  than  the fourteenth day following the date that department of
 24    health and welfare representatives officially exit the  facility  pursuant  to
 25    federal  regulations.  Provided however, that for purposes of confidentiality,
 26    no record shall be released under this section which  specifically  identifies
 27    any nursing facility resident.
 28        (19) Records  and  information  contained in the registry of immunizations
 29    against childhood diseases maintained in the department of health and welfare,
 30    including information disseminated to others from the registry by the  depart-
 31    ment of health and welfare.
 32        (20) Records  of the Idaho housing and finance association (IHFA) relating
 33    to the following:
 34        (a)  Records containing personal financial, family, health or similar per-
 35        sonal information submitted to or otherwise obtained by the IHFA;
 36        (b)  Records submitted to or otherwise obtained by the IHFA with regard to
 37        obtaining and servicing mortgage loans and all  records  relating  to  the
 38        review, approval or rejection by the IHFA of said loans;
 39        (c)  Mortgage portfolio loan documents;
 40        (d)  Records  of  a  current  or former employee other than the employee's
 41        duration of employment with the association, position held and location of
 42        employment. This exemption from disclosure does not include the  contracts
 43        of employment or any remuneration, including reimbursement of expenses, of
 44        the executive director, executive officers or commissioners of the associ-
 45        ation. All other personnel information relating to an association employee
 46        or  applicant  including,  but  not limited to, information regarding sex,
 47        race, marital status, birth  date,  home  address  and  telephone  number,
 48        applications,  testing  and scoring materials, grievances, correspondence,
 49        retirement plan information and performance evaluations, shall not be dis-
 50        closed to the public without the employee's or  applicant's  written  con-
 51        sent.  An  employee or authorized representative may inspect and copy that
 52        employee's personnel records, except for material used to screen and  test
 53        for  employment  or  material  not  subject to disclosure elsewhere in the
 54        Idaho public records act.
 55        (201) Records of the department of health and  welfare  related  to  child
  1    support  services  in  cases in which there is reasonable evidence of domestic
  2    violence, as defined in chapter 63, title 39, Idaho Code, that can be used  to
  3    locate any individuals in the child support case except in response to a court
  4    order.
  5        (22) Records  and  information contained in the trauma registry created by
  6    chapter 20, title 57, Idaho Code, together with any reports, analyses and com-
  7    pilations created from such information and records.
  8        SECTION 4.  This act shall be in full force and effect on and after  Janu-
  9    ary  1,  2003, provided that for purposes of promulgation of rules as provided
 10    in section 57-2003, Idaho Code, this act shall be in full force and effect  on
 11    and after July 1, 2002.
 12        SECTION 5.  The provisions of this act shall be null, void and of no force
 13    and effect on and after January 1, 2008.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 11722

A trauma registry is a population based data system that provides 
ongoing and systematic collection, analysis, interpretation, and 
dissemination of information related to injury for system 
improvement, prevention, and research activities. Injury is the 
number one cause of death in Idaho for ages 1-44 years and is 
presumably the number one cause of disability for the same age 
group. Registry data would be used to:

•	Improve the medical outcomes for trauma patients

•	Justify intervention priorities based on reducing mortality, 
morbidity, severity, and cost

•	Provide state and local data to target prevention, education, 
and engineering programs

•	Generate state specific data to support policy decisions, 
legislation, and research targeting system responses.

•	Identify, share, and use knowledge and best practices to 
improve processes.

                        Fiscal Impact

The trauma registry will not rely on general funds, but shall be 
funded entirely from sources provided for that purpose.

Name:	Boni Carrell
Phone:	334-4003