LEGISLATIVE REPORT - January 6, 2003 In the October CSGA Newsletter, Norma Storrs Keating reported on HIPPA: Another Threat to Records? Jean Nepsund contacted me and we both tried to locate information on this federal bill. I was unable to find it. But Jean received information from a long time Immigrant Genealogical Society member who had also read the item in the Newsletter. The acronym was incorrect, which accounts for the problem we had locating the bill. It should read HIPAA--Health Insurance Portability and Accountability Act. [A.K.A. CFR parts 160, 164-- <http://www.hhs.gov/ocr/hipaa/]. Bob Peppermuller, whose company will fall under the bill's requirements had just finished his first training session to meet the April 14, 2003 deadline. While in his work, 'insulin pump therapy business, their help line must record calls (patient records).' As part of his job, he occasionally reviews those call records which accesses private patient records. This is the type of private information the bill addresses. Bob go on to say that in the 123 pages of Q&A, on birth and death records obtained from a public vital statistics office, nowhere had he found that a public vital statistics office was classed as a 'covered entity.' In the 77 pages on permits on 'covered entities' there is not language prohibiting the disclosure of protected health information to public authorities who are legally authorized to receive such information. The bill does not effect the information a doctor or a hospital can disclose to a public agency. He tells us that it will help protect the public's private health information that companies such as his have privy to from misuses. I thank Jean and Bob for their help. I have received numerous reports of problems on the issues of the birth and death indexes in various county recorders/clerks offices. There appears to be a great deal of confusing, not surprising. Counties are only loosely governed by what the State sets out in legislation. Often they over react, or interpret legislation to suit their needs. I have a call in to the State, I will check and review how the policy changes will play out. To get this report to our editor on time I do not have the time to get additional information. I will let folks know as soon as possible. Federation of Genealogical Societies Records Preservation & Access Committee launched a web site on 4 November 2002 <http://www.fgs.org/rpa> to keep the genealogy community informed of issues relating to the preservation and access of records of genealogical and historical value. The new site has been developed over many months and with feature these categories: Who we are & How we serve you; Formal Actions, Opinions & Activities; State-by-State Reporting; International Issues; Strategies for Records Preservation; Strategies for Access; National Reporting; Panic Button. At the state level, the information will narrow in focus: Background Information; Record Retention Schedule; County-by-county Reporting; State Liaisons; Current Issues; Legislation; Core Records to be Retained; Vital Records Information; Panic Button. This is a great deal of data to gather. The site will not launch with all of the data, but rather it will added as they are able to collect it. If you would like to view a good example of what the site can become, please review the pages for the State of Arizona. These have been compiled by Linda McCleary, Arizona state liaison. As you know California has been in the forefront of the fight to preserve records of historical importance to researchers. Considering the growing trend on the part of many legislators who seem to think the best way to protect privacy is to close records, the job of preserving these important records and access to them is growing. We need to take our present operation and expand on it. It will take more effort and more work on the part of California researchers. In the past CSGA and the Council under my leadership has coordinated their efforts. More is needed. I plan to draft proposals and an outline of what will be needed for us to continue our work on this growing problem. The CSGA/Council Legislative Network reports will be bringing you updated information. California will need to be well represented and expanding the efforts to protect our records, the FGS's web site will be an extraordinary addition for our work. To follow State Legislation, check the State Web site at http://www.sen.ca.gov> To be added to my Network, send your name, name of your organization, and E-mail address, to me indicating you wish to be added to the Legislative Network, <[email protected]>.---6 January 2003, CSGA Legislative Network Coordinator, Iris Carter Jones. [Permission granted to reprint Legislative reports. Please cite your source.]