|
HB1347, immunization tracking for all ages, is scheduled to be heard on Monday, April 16th by the full senate for 2nd reading. This will be the last time senators can offer amendments to try and make this bill less bad. HB 1347 could get pushed through 2nd reading quickly or it may get laid over for a day or two. The amendment that was added in the senate health committee by Senator Ward will not fix problems with the opt-out. The bill needs an opt-in with prior written consent BEFORE information is taken and put into the tracking system. See, the amendment and analysis at the end of this alert. ACTION NEEDED! Before Monday, April 15th at 10:00 a.m. E-mail all senators and call as many as you can and tell them to support an "opt-in" system as the only way to make the system truly "voluntary" and to protect medical privacy, health freedom and parental rights. Tell them the so-called "opt-out" is not sufficient because only "immunization information" is removed, other information will stay and "confidentiality" does not mean privacy. Confidentiality means private information can be used for all those purposes allowed by law. The list of legal uses and people who have access to this information, without consent, is very long and includes a list of "non compliers" and "exemptors". Here are the email addresses for senators: bob.bacon.senate@state.co.us; betty.boyd.senate@state.co.us; greg@gregbrophy.net; joan.fitzgerald.senate@state.co.us; ken@kengordon.com; peter.groff.senate@state.co.us; SenBob@msn.com; ted.harvey.senate@state.co.us; isgarsenate@frontier.net; steve.johnson.senate@state.co.us; moe.keller.senate@state.co.us; ken.kester.senate@state.co.us; mike.kopp.senate@state.co.us; senatormay@ronmay.org; shawn.mitchell.senate@state.co.us; john.morse.senate@state.co.us; joshpenry@gmail.com; scott.renfroe.senate@state.co.us; chris.romer.senate@state.co.us; paula.sandoval.senate@state.co.us; dave@daveschultheis.com; gail.schwartz.senate@state.co.us; brandon@brandonshaffer.com; tom@tomwiens.com; suzanne.williams.senate@state.co.us; senatorwindels@comcast.net; For previous alerts and information go to: http://www.ro828.com/blog/ http://www.hapihealth.com/ Amendment to HB 1347 Committee on Health and Human Services. After consideration on the merits, the Committee recommends the following: HB07-1347 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation: [PDF] "THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL ENSURE THAT THE PROCESS TO EXCLUDE IMMUNIZATION INFORMATION FROM THE SYSTEM IS READILY AVAILABLE AND NOT BURDENSOME." Comment: Only applies to "immunization information". Other information will stay. Add "A PERSON WHO ENTERS INTO A CONTRACT PURSUANT TO THIS PARAGRAPH (d) SHALL ONLY USE THE INFORMATION GATHERED FROM THE IMMUNIZATION TRACKING SYSTEM IN ACCORDANCE WITH THIS PART 23 AND SHALL BE SUBJECT TO ALL APPLICABLE STATE AND FEDERAL LAWS REGARDING THE CONFIDENTIALITY OF INFORMATION." Comment: Confidentiality does not mean privacy. Private medical information can be used and disclosed by all the covered entities having access to the tracking system for multiple uses. The Colorado Immunization Information System itself is not covered by HIPAA and can collect and share information without consent. Current law allows the reporting of statistical information and names of noncompliers and current CDPHE rules state, "the school must submit the exemption information to the immunization tracking system". "(12) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL DISSEMINATE INFORMATION ABOUT THE IMMUNIZATION TRACKING SYSTEM, INCLUDING PROVIDING NOTIFICATION PURSUANT TO SUBSECTION (7) OF THIS SECTION TO BIRTHING HOSPITALS. THE HOSPITALS SHALL PROVIDE THE NOTICES TO THE PARENTS OF NEWBORNS." Comment: There's no accountability, no penalty and name and birth date will stay in the system. Parents should be asked if they want their newborn put into this system via the birth certificate instead of being told can only remove immunization information. |
