COMMITTEE ON LEGISLATIVE RESEARCH

OVERSIGHT DIVISION



FISCAL NOTE



L.R. No.: 2078-02

Bill No.: SB 554

Subject: Health Care; Health Care Professionals; Insurance Department

Type: Original

Date: March 21, 2001




FISCAL SUMMARY



ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None
Total Estimated

Net Effect on All

State Funds

$0 $0 $0



ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
None
Total Estimated

Net Effect on All

Federal Funds

$0 $0 $0



ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 2002 FY 2003 FY 2004
Local Government $0 $0 $0

Numbers within parentheses: ( ) indicate costs or losses.

This fiscal note contains 3 pages.



FISCAL ANALYSIS



ASSUMPTION



Officials from the Department of Conservation, the Department of Transportation, the Department of Health, the Missouri Consolidated Health Care Plan, the Department of Insurance, and the Department of Social Services assume this proposal would not fiscally impact their agencies.



Department of Economic Development - Division of Professional Registration (DPR) officials did not respond to our fiscal impact request. However, in responding to a similar proposal from the current session DPR assumed no fiscal impact.



Officials from the Department of Public Safety - Missouri State Highway Patrol (MHP) did not respond to our fiscal impact request. However, in responding to a similar proposal from the current session MHP assumed no fiscal impact.



FISCAL IMPACT - State Government FY 2002

(6 Mo.)

FY 2003 FY 2004
$0 $0 $0





FISCAL IMPACT - Local Government FY 2002

(6 Mo.)

FY 2003 FY 2004
$0 $0 $0





FISCAL IMPACT - Small Business



No direct fiscal impact to small businesses would be expected as a result of this proposal.



DESCRIPTION



This proposal would prohibit the disclosure of individually identifiable health information if the information is created, stored, or received by any person in the ordinary course of business, practice of a profession, or rendering a service. The disclosure of the information would occur upon written authorization of the person to whom the information pertains or an authorized representative. The provisions of the proposal would exempt: (1) statistical data compiled without the identity of individuals; (2) health research conducted according to certain guidelines;

(3) information which is released as required by statute, regulation, or legal process; (4)



DESCRIPTION (continued)



information which is released for emergency situations; (5) information which is released for the purpose of body identification; (6) information which is released in connection with the provision of physical or mental health care services to a person; and (7) information which is released by a licensee for the performance of insurance functions. Any person who violates the provisions of the bill would be fined not more than $500 for each violation and would be liable in a civil action for damages or equitable relief. The Director of the Department of Insurance

would be required to enforce the provisions of the proposal with respect to licensees, which includes treating violations as unfair trade practices under Sections 375.930 to 375.948, RSMo.

The provisions of the proposal would become effective January 1, 2002.



This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.



SOURCES OF INFORMATION



Department of Economic Development

Division of Professional Registration

Department of Conservation

Department of Transportation

Department of Public Safety

Missouri State Highway Patrol

Department of Health

Missouri Consolidated Health Care Plan

Department of Social Services

Department of Insurance

















Jeanne Jarrett, CPA

Director



March 21, 2001