PRESS RELEASE

For Immediate Release

Thursday, October 17, 2002

5:45 p.m.

======================================

Citizens' Council on Health Care

1954 University Ave. W., Suite 8

St. Paul, MN 55104

CONTACT:Twila Brase, R.N., President

PHONE: 651-646-8935

======================================

HEALTH DEPARTMENT CHANGES TO PROPOSED DATA COLLECTION RULE DO NOT

ADDRESS CITIZEN CONCERNS FOR PRIVACY

(St. Paul, Minnesota) - Attempting to address widespread public opposition to state collection of private medical data, the Minnesota Department of Health has published proposed changes to their proposed data collection rule. But according to Citizens' Council on Health Care (CCHC), the concerns of the over 600 citizens, who have written letters of opposition, have not been addressed.

"There is still no patient consent for disclosure of the data. That's what citizens are demanding. State health officials will still know who you are, what diagnosis you have, what doctor is treating you, what treatment you receive," says Twila Brase, president of CCHC.

Although health officials placed some limits on the department's authority and added a measure of accountability, Brase lists seven concerns with the proposed changes to the proposed rule:

* The Commissioner retains authority to add new data elements not listed in the rule, which could include genetic and lifestyle data.

* Requiring review by the data use committee ignores the fact that the data use committee has no authority in the matter. It can only make recommendations. The Commissioner retains sole authority to allow or deny access to data.

* Despite the public's outrage, there is still only one consumer on the data use committee, and that consumer is appointed by the Commissioner.

* In what appears to be a political move, health officials added "policy development information for the Minnesota state legislature" as an internal use of patient data.

* Adding the use of "appropriate risk adjustment methodologies" to report variations in cost, quality and outcomes if a provider or group purchaser is identified assumes that there is only one possible calculation methodology. Such reporting may lead to incorrect interpretations, and costly litigation.

* Although the department added annual reports on use of patient data, there is no broad distribution of the annual data use reports, and only summary information is included.

* There is no annual reporting of the taxpayer costs associated with maintaining the system, collecting the data, training staff, conducting research, conducting audits, updating security, and litigation and legal services.

"Where there is no privacy for citizens, there should certainly be no privacy for health officials. If the judge allows the rule to move forward, the least the public should expect is full disclosure by the health department. A detailed accounting of activities and costs associated with the data system and use of patient data should be readily available to every citizen," says Brase.

Brase says that every citizen should receive a Miranda-type warning if the judge fails to rule for citizens. Known in Minnesota as the Tennessen warning, it requires those who gather data for the government to inform citizens of the collection and the specific purposes of the collection. The proposed rule does not have this requirement.

"If this data collection is for the good of the public as the department asserts, than the department should have no qualms with letting the public regularly know about it," adds Brase.

---------------------------------

Proposed Changes to Proposed Rule:

Proposed Rule:

###

CCHC is an independent non-profit free-market health care policy organization located in St. Paul, Minnesota

NOTE: If you do not wish to receive this email,contact CCHC to remove your name from the list.

Thank you.

**************************************************************

A free-market resource for designing the future of health care

**************************************************************

Citizens' Council on Health Care

1954 University Ave.W., Suite 8

St. Paul, MN 55104

651-646-8935 phone

651-646-0100 fax

**************************

NOTE: If you do not wish to receive this email,

contact CCHC to remove your name from the list.

Thank you.