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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
|||| 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
2 RELATING TO THE CREATION OF A TRAUMA REGISTRY; PROVIDING A STATEMENT OF PUR-
3 POSE; AMENDING TITLE 57, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 20,
4 TITLE 57, IDAHO CODE, TO PROVIDE A PURPOSE OF THE REGISTRY, TO DEFINE
5 TERMS, TO PROVIDE ESTABLISHMENT OF A TRAUMA REGISTRY, TO REQUIRE PARTICI-
6 PATION IN THE PROGRAM, TO PROVIDE CREATION OF A TRAUMA REGISTRY FUND AND
7 THE PURPOSES OF THE FUND, TO PROVIDE CONFIDENTIALITY FOR CERTAIN RECORDS,
8 AND TO LIMIT LIABILITY FOR COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAP-
9 TER; AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE AN EXEMPTION FROM
10 PROVISIONS OF THE OPEN RECORDS LAW FOR TRAUMA REGISTRY DATA AND TO MAKE A
11 TECHNICAL CORRECTION; PROVIDING AN EFFECTIVE DATE WITH AUTHORITY TO PRO-
12 MULGATE RULES; AND PROVIDING FOR SUNSET OF THE PROVISIONS OF THIS CHAPTER.
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;
2
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;
3
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
4
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:
23 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
24 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
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
5
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
6
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
7
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
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.
Contact
Name: Boni Carrell
Phone: 334-4003
STATEMENT OF PURPOSE/FISCAL NOTE S 1319