Representative Arthur J. O'Neill, Chairman
William R. Breetz
Representative Robert Farr
Jon P. Fitzgerald
Robert W. Grant
Representative Michael P. Lawlor
Michael W. Lyons
Mary Anne O'Neill
Joel I. Rudikoff
Edmund F. Schmidt
Joseph J. Selinger, Jr.
Judge Elliot N. Solomon
Professor Colin C. Tait
Professor Terry J. Tondro
I. Milton Widem
Senator Donald E. Williams, Jr.

Seal-blue4.jpg (4041 bytes)

David D. Biklen
Executive Director

David L. Hemond
Chief Attorney

Jo A. Roberts
Senior Attorney

Connecticut Law Revision Commission
State Capitol
Room 509A
Hartford, Connecticut 06106-1591
(860) 240-0220
FAX (860) 240-0322
Email: lrc@po.state.ct.us


MEMORANDUM 

To:   Law Revision Commission Advisory Committee on Confidentiality of Medical Records
From:   David L. Hemond
Date:   August 21, 1998
Re:   Notice of Meeting, Wednesday, September 9, 1998, at 4:00 p.m. Agenda attached.

A meeting of the Law Revision Commission Advisory Committee on Confidentiality of Medical Records has been set for Wednesday, September 9, 1998, from 4:00 p.m. to 6:00 p.m. in Hearing Room 1A in the Legislative Office Building, Hartford, CT.

As noted in the attached minutes of the August 12 meeting, the committee has agreed to press ahead with the study of confidentiality of medical records, using the Uniform Health-Care Information Act as a framework for analysis and further studies of the issues, the effects of current state laws, and proposed legislation. The committee has expressly recognized that problems with federal preemption may arise and that the process may need to adapt as outside events, particularly the development of federal legislation and regulation, evolve. The committee’s immediate goal will be development of recommendations for the 1999 session, with continued study and recommendations as may be necessary thereafter to complete a comprehensive report.

The committee agreed that the next meeting would begin a review of the Uniform Act. The preliminary goal will be to identify issues raised by the Uniform Act for further discussion and resolution. Members are urged, to the extent possible, to be prepared to discuss their issues and concerns at the September meeting. I will be happy to circulate any preliminary memoranda or proposals that you may wish to make available for the meeting.

If the development of issues creates an appropriate need, we will also form working groups of the committee to explore issues between the regular meetings. It is our intent to hold regular meetings approximately every two weeks. A proposed meeting schedule is attached to the agenda to facilitate discussion of specific meeting dates.

Enclosed are the U.S. Department of Health and Human Services Proposed Security Standards for Electronic Health Data issued on August 11th , a flow chart of "a patient’s paper trail" from USA Today, Report 9 of the AMA Board of Trustees summarizing AMA policy with respect to privacy and confidentiality, testimony of the National Association of Insurance Commissioners concerning confidentiality of individually-identifiable health information to the Committee on Labor and Human Resources of the United States Senate, and a copy of the National Association of Insurance Commissioners Draft Model Act on Health Information Privacy. As noted by the cover letter of Donald L. Roll, the Draft Act is only a draft and has not been approved by a plenary session of the Commissioners. Its provisions are being circulated for information but do not necessarily reflect the views of that body as a whole.

 The agenda for the September 9 meeting is as follows:

1. Approval of minutes of August 12 meeting. (Attachment A.)

2. Report by Joseph Selinger re review of flow of information.

3. Review of sections 1-102 through 2-104 of Uniform Act.

4. Adoption of meeting schedule. (Attachment B.)

5. Other business.

If you have questions, please give me a call.

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