HB 3057 Passes enabling Medical Passports

HB 3057 passed both houses authorizing Oregon Health Authority to disclose individually identifiable information related to COVID-19 to certain persons and under certain circumstances. Sunsets June 30, 2022. Declares emergency, effective on passage.

Senator Boquist provided a Vote Explanation stating:

“HB 3057 is an Oregon Health Authority end run on HIPAA confidential patient health information very likely in violation of federal law. Likely a statute designed to shield OHA from its illegal activities during the symptomatic Covid-19 political pandemic in which OHA locked seniors in homes to intentionally perish. Classic crimes against humanity. Oddly, the bill attempts to re-define Covid-19 directly to only cases of SARSCoV-2 instead of their own OHA CDC definition of symptomatic Covid-19 which is 16 times broader per the CDC’s own data. It the bill’s definition were strictly applied cases would plummet, however, the definition cannot be correct. Nor does OHA display any competency what-so-ever to be given any additional authority. The Carrier was quite clear the intent was to allow nurses and bureaucrats not involved in patient care to access a citizens medical records on a computer system without either the patient or patient’s providers knowledge. The Carrier stated the intent was to protect nurses from exposure that were not patient providers. The Carrier could not provide a reason for the need of this bill at this time when questioned. The Carrier could not identify a fiscal impact except computer access above. The bill certainly allows a completely incompetent Oregon Health Authority to weaponize patient data in Section 1(1)(b) for bureaucrats to target patient providers while covering both their criminal and civil liability. Sections 4, 5 and 6 were repudiated by the Carrier in lieu of a widespread computer access by non-providers while Section 7 then attempts to indicate the exact opposite of the bill’s stated intent claiming the patient information cannot be released. Page 2 Line 3 allows OHA to release patient information for any reason it deems necessary. Written Testimony in OLIS in support does not appear to match the text of the bill just as the Carrier’s statements do not match the bill.”

The Legislature rationalized the passage by posting:

According to the United States Department of Health and Human Services Office of Civil Rights (OCR), the federal Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule allows law enforcement, paramedics, and public health authorities to disclose protected health information (PHI) of an individual infected with, or exposed to, COVID-19. For public health purposes, federal law allows covered entities such as hospitals to disclose PHI with federal, state, and local health departments, if authorized to collect or receive PHI for public health surveillance and investigations. On Dec. 18, 2020, OCR issued guidance to clarify HIPAA and disclosure of PHI during the COVID-19 pandemic through health information exchanges (HIEs). HIEs allow organizations to share information electronically, often through electronic health record systems (EHRs). OCR’s guidance clarifies that certain health care entities may disclose PHI to an HIE organization if reporting is for public health activities and disclosure is required by federal, state, or local law. HB 3057 allows the Oregon Health Authority to disclose protected health information for public health purposes during the COVID-19 pandemic.

Date: 2021-05-17 02:40

Comments

  1. When illness, disease or any other discomforting situation, can be used to take away the privacy of citizens, but at the same time empower the government, “we the people” are being stripped of our rights protected by the Constitution of the United States of America. And this is exactly what this bill and other government violations of the people’s rights and freedoms are doing, using this pandemic as an excuse. This must be stopped, and freedoms restored.

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  2. This violates people’s privacy. Are we going to force people to expose now who has aids, herpes, ect? But of corse it would be under the guise of public safety….. we have the right to privacy and that should be respected and not infringed on for a virus that was at over 99% survivability and is already diminishing in fatalities.

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  3. This is none other than a blatant slap in the face to the US Constitution and to our founding fathers. I sincerely hope that this is challenged in court and that, if necessary, the federal government ends the liberal reign of terror in this state and other blue states.

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  4. Where are the republicans on this?? What are the Republicans doing about this???
    This is a total violation of our Constitutional rights!!! It is about time that we the people start suing this tyrannical Governor and her democratic counterparts for over stepping their authority.
    It frankly is no ones business weather any citizen has been vaccinated or not!!!
    Medical records are private!!
    Title III of the U.S. Civil Rights Act Prohibits discrimination based on medical condition (i.e. unvaccinated) in privacy businesses such as grocery stores, banks, restaurants, hotels, retail stores and all public facilities including schools.
    The 4th Amendment of the U.S. Constitution states, The right of the people to be secure in their persons, houses, papers and effectm against unreasonable searches and seizures, shall not be violated.
    This means BUSINESSES CANNOT LEGALLY ASK FOR PROOF OF VACCINATION!!
    THIS IS A VIOLATION OF OUR PRIVACY AND PROPERTY RIGHTS AS PROTECTED BY STATE AND FEDERAL LAW!!!

    • The Republicans aren’t doing anything but talking and making it look like they are mad. If they had any, they would have the Democrats in office everywhere arrested for TREASON and TYRANNY. But they have no insight to do that. Who knows why. I believe Trump was ready to do it. About the only thing we can do is move to a red State and fight if from there. Or, we do have the right to take over a tyrannical government. But then isn’t that what Jan 6th was about??

  5. Comrade Kate can shove it. I WILL NEVER COMPLY!

    Besides – I’ve already had Covid and survived even with all my medical issues. So tell me why would I take a shot that is KNOWN to cause severe reactions and death – especially to people that have other health issues like I do?

    This is basically another way to force you to get the poison shot. Comrade Kuunt has seen the numbers and realizes that she will never reach her 70% vaccination rate so this is her answer. She’s p!ssed because people aren’t blindly following her “rules” like her Democrat sheeple.

    I also don’t put it past her to try a door-to-door vaccination. She’ll have World War 3 on her hands if she tries.

  6. This is all the Democrats goal is to change laws and take us away from our US Constitution. They have been going in that direction for a long time. We all need to write, email or call her office and flood her wtih them. Aslo we need to hold rallies. She isn’t seeing us out there defying her so she is going all out. And we need to do the same. We need a HUGE rally on June 23 at the Salem Oregon Capital (they all leave for recess after June 25th) as well as EVERY other State needs to do the same. Let’s get it done. I want to see HUGE rallies at all the Capitals with 1000’s of people. Speakers for ALL day. Take the day off and BE THERE!!!!

  7. This is unconstitutional and against the law. Governor and lesgislature requiring power and control is all this amounts to. Governor is making businesses responsible for her stupid EOS. Another lawsuit in the making

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