Department of Health and Human Services

NATIONAL COMMITTEE ON VITAL AND HEALTH STATISTICS

Subcommittee on Privacy and Confidentiality

September 14 - 15, 2006

Hubert H. Humphrey Building
200 Independence Ave., S.W.
Washington, D.C. 20001

Meeting Synopsis

The National Committee on Vital and Health Statistics Subcommittee on Privacy and Confidentiality was convened on September 14-15, 2006 in Washington, D.C. The meeting was open to the public.

All official NCVHS documents are posted on the NCVHS Website.

Present

• Committee Members
• Mark A. Rothstein, J.D., Chair
• Simon P. Cohn, M.D. (Sept. 14 only)
• John P. Houston, J.D.
• Harry Reynolds
• Paul C. Tang, M.D.

Absent

Staff and Liaisons

• Maya Bernstein, Lead Staff
• Marjorie Greenberg, NCHS/CDC
• Gail Horlick, CDC
• Katherine D. Jones, NCHS
• Susan McAndrew, OS/OCR
• Marieta Squire, NCHS/CDC

Others

• Michael P. Aitken, SHRM
• Lori Andrews, Chicago-Kent College of Law
• Martha Dewey Bergren, University of IL-Chicago; ASHA
• Sheila Dwyer, Eye Care Benefits Center, VA
• Mary Louise Embrey, NASN
• Angela Franklin, Director, Quality, HIT; ACEP
• Nancy Hammer, SHRM
• Joan M. Kiel, Duquesne University, PA
• Thomas Koepsell, University of Washington
• Robert B. Meyer, ACLI
• Mary Moien, NCHS
• James Lepkowski, University of Michigan
• Patrick O'Connor, Kent & O'Connor, Washington, D.C.
• Dan Rode, AHIMA
• Louise Ryan, Harvard University
• Norma Sharara, SHRM
• James A. Tacci, ACOEM
• Robert Wake, NAIC
• Kenya N. Wiley, SHRM

ACTIONS

Action Steps

• Move forward with scheduled November 30, 2006 hearing, which will:
• 1. Gather further uniformity information from the banking industry.* The overall goal is to formulate a recommendation about uniform protection of information, wherever it resides.
  2. Examine research methodology on how best to design a research strategy that measures the effects of the HIPAA Privacy Rule; and determine the feasibility and type of research that is needed. Follow-up might include an RFP that seeks recommendations about the best way to evaluate HIPAA.
• Convene further meetings (between 1-2 days) for mid to late January 2007 to gather more information, as needed as follow-up to the November 30, 2006 hearing.
• Prepare a short presentation for the full Committee November 2006 meeting that highlights what the Subcommittee is working on (e.g., FERPA/HIPAA issue, etc.).
• Prepare a letter for the Secretary of HHS by the June 20, 2007 full Committee meeting (aim for June 1, 2007 completion) that elaborates on Recommendation #12 of the Subcommittee's June 22, 2006 letter.

* NOTE: It was initially suggested that additional testimony be gathered at the November 30, 2006 meeting to better understand the risks and costs of non-uniform application of the HIPAA rule from venues such as: disability or long-term care insurance; actuaries; representatives of big and small companies as well as unions; financial and banking institutions; the National Association of College and University Attorneys (NACUA); and possibly families of people with chronic conditions.

Topics and Presenters

Thursday, September 14, 2006

Panel I Non-Health Insurers

Roberta B. Meyer, J.D. American Council of Life Insurers Associate General Counsel

Robert Wake, Ph.D., J.D. Maine Bureau of Insurance Attorney National Assn. of Insurance Commissioners

Statements from the Public

Friday, September 15, 2006

Panel II Employers

Norma M. Sharara, J.D. Society for Human Resource Management Partner, Luse Gorman Pomerenk & Schick, P.C. (SHRM)

James Tacci, M.D., J.D., M.P.H. American College of Occupational & Site Medical Director, Delphi Corporation Environmental Medicine (ACOEM)

Panel III Schools

Martha Dewey Bergren, D.N.S., R.N. American School Health Assn. College of Nursing, U. IL-Chicago (ASHA)

Joan M. Kiel, Ph.D., C.H.P.S. American College Health Assn. Duquesne University, Pittsburgh (ACHA)

Subcommittee Discussion

See official transcript for full subcommittee discussion.