The Senate Health Committee heard HB 1347 that expands the children's immunization tracking system to include all ages, on Wednesday, April 4th. Four people were able to testify and express their concerns. The bill was laid over until next Wednesday, April 11th after adjournment for action only. The bill was laid over to allow for some amendments to be drafted. There will be no testimony allowed, however people can attend the hearing to show continued concern if they want to. Read all about it here.[PDF]
Action Needed:
Contact members of the Senate Health Committee and urge them to support requiring prior written consent before information can be put into the tracking system or an "opt-in" system.
Hagedorn (D) - 303-866-48797 | SenBob@msn.com
Boyd (D) - 303-866-4857 | betty.boyd.senate@state.co.us
Mitchell (R) - 303-866-4876 | shawn.Mitchell.senate@state.co.us
Morse (D) - 303-866-6364 | john.morse.senate@state.co.us
Renfroe (R) - 303-866-4451 | scott.renfroe.senate@state.co.us
Sandoval (D) - 303-866-4862 | paula.Sandoval.senate@state.co.us
Schultheis (R) - 303-866-4835 | dave.schultheis.senate@state.co.us
Shaffer (D) - 303-866-5291 | Brandon@brandonshaffer.com
Ward (R) - 303-866-4846 | steve.ward.senate.@state.co.us
Talking Points:
- The only way to protect medical privacy and parental rights is to have an "opt-in" system that requires consent before information is put into the database.
- State law allows for reporting of "noncompliers" and schools are required to report exemptors to the tracking system.
- Adequate privacy protections are not in place.
- The House approved the bill during 2nd reading after being told the system is voluntary and parents can remove all information whenever they chose. The bill summary says "establish a comprehensive immunization tracking system to include persons in Colorado who voluntarily participate in the system".
- Other states require prior written consent and it should not be that difficult for CO to have a consent form.
- Colorado is not doing a very good job with other state computer systems and there have been many privacy breeches in the past few years.
More Info:
- HB-1347 allows information to be gathered without consent on all ages, not just children, from; practitioners, clinics, schools, parents, individuals, managed care or health insurance plans, hospitals, the dept. of health care policy and financing and persons and entities that have contracted with the state. (HB-1347 page 14)
- According to information on the CIIS (Colorado Immunization Information System) web site and the bill, only shots can be excluded, other information stays in the system. You can choose at any time to have your child's shots excluded from the Colorado Immunization Information System.
May exclude immunization information from the tracking system (HB � 1347 page 17)
- Section 15-4 of the Colorado Immunization Manual, II. Exemptions from immunization, rule F states: If the school chooses to use the immunization tracking system to monitor compliance with the school law and the parent(s), or student submits an exemption, the school must submit the exemption information to the
immunization tracking system. Read the manual here [PDF]
Rules and regulations�immunization rules�rule-making authority of state board of health. Such rules and regulations shall establish which immunizations shall be required and the manner and frequency of their administration and shall conform to recognized standard medical practices. Such rules and regulations may also require the reporting of statistical information and names of noncompliers by the schools. CRS25-4-904 (9)
- HIPAA allows protected health information to be used or disclosed by covered entities (who have access to the tracking system) without written authorization or the opportunity to object for many reasons including public health surveillance, investigations and interventions and to an official of a foreign government. Read the facts here [PDF]
The immunization tracking system is "interoperable with electronic health records".
The immunization tracking is not a covered entity and therefore not covered by HIPAA. Read it here [PDF], page 2
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