GOVERNOR VENTURA'S "NO VETO" OF HEALTH DATA RULE PLACES PRESSURE ON MINNESOTA
LEGISLATURE
St. Paul, Minnesota -- Governor Ventura's refusal to stop Minnesota's
collection of health data without patient consent has not fazed the Citizens'
Council on Health Care (CCHC).
"Governor Ventura's decision not to veto the data collection rule places the
decision-making authority exactly where it should be - in the lap of the 2003
legislature," says Twila Brase, president of CCHC.
Although the organization had discussed Governor Ventura's veto authority in
a meeting with the Governor's staff, CCHC recognized early on that a veto could
create a problem for its ongoing efforts.
"Many legislators and members of the public may have concluded erroneously
that the threat to their medical privacy and personal autonomy had been
averted," says Brase. "They may have considered the issue dead--and it is far
from dead."
"Minnesota law requires the department to collect the data, with or without a
rule. But for the first time in ten years the public knows about it," says
Brase.
"Now Minnesota legislators, the people who are elected to represent the
citizens of Minnesota, understand that it's up to them to address the public's
concerns for the long term," Brase adds.
A 1993 health care cost containment and redesign law allowed the state health
department to write the rule. The law specifically states that patient consent
is not necessary for data disclosure and collection. After working for nearly 10
years to devise a uniform data collection system, the department released a
proposed rule in August 2002 to implement the law. The rule required most
insurers and hospitals to collect detailed patient information starting January
2003 with the first annual transmission to the Minnesota Department of Health by
July 2004. An email campaign by CCHC forced the department to hold a hearing on
the rule on October 4, 2002. On December 2, the administrative law judge ruled
in support of the department. Governor Ventura had until December 26 to veto the
rule.
Since he did not veto the rule, it can be implemented as early as January 6,
2003.
CCHC REPORT
CCHC compiled the public's nearly 1,100 comments on the proposed health data
collection rule, releasing a 28-page report on the public's response in
November. A majority - 94 percent - opposed the rule. Of the 6 percent not
expressing specific opposition to the collection, many other concerns were
expressed.
The CCHC report -- which has been sent to all legislators in preparation for
the 2003 legislative session -- can be found at
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