H 293 — An act relating to miscellaneous amendments to the Department of Health’s reporting and programming requirements

BILL AS PASSED BY THE HOUSE H.293 Page 1 of 37 H.293 AnIntroduced actby relatingRepresentative toMaguire healthof equityRutland dataCity reportingReferred andto registryCommittee disclosureon requirementsDate: It is hereby enacted by the General Assembly of the State of Vermont:

Subject:

Health;

health equity reporting;

cancer registry;

amyotrophic lateral sclerosis registry;

disclosure of identifying information Statement of purpose of bill as introduced:

This bill proposes to reduce from annually to every three years the submission of a report by the Department of Health analyzing health equity data.

It further proposes to amend the disclosure provisions pertaining to the cancer and amyotrophic lateral sclerosis registries.

An act relating to health equity data reporting and registry disclosure requirements It is hereby enacted by the General Assembly of the State of Vermont:

§§ 253 253 is amended to read:

DATA RESPONSIVE TO HEALTH EQUITY INQUIRIES * * * (b)(1) The Department of Health shall systematically analyze such health equity data using the smallest appropriate units of analysis feasible to detect BILL AS PASSED BY THE HOUSE H.293 Page 2 of 7 racial and ethnic disparities, as well as disparities along the lines of primary language, sex, disability status, sexual orientation, gender identity, and socioeconomic status, and report the results of such analysis on the Department’s website periodically, but not less than biannually.

(2) Annually Every three years beginning in 2028, on or before January 15, the Department shall submit a report containing the results of the analysis conducted pursuant to subdivision (1) of this subsection to the Senate VT LEG #382702 v.1 AS PASSED BY HOUSE H.293 Page 2 of 3 Committee on Health and Welfare and to the House Committees on Health Care and on Human Services.

§§ 155 155 is amended to read:

DISCLOSURE * * * (b) The Commissioner may furnish confidential information to the National Breast and Cervical Cancer Early Detection Program, other states’ cancer registries, federal cancer control agencies, or health researchers in order to collaborate in a national cancer registry or to collaborate in cancer control BILL AS PASSED BY THE HOUSE H.293 Page 3 of 7 and prevention research studies.

However, before releasing confidential information, the Commissioner shall first obtain from such state registries, agencies, or researchers an agreement in writing to keep assurances acceptable to the Commissioner that the identifying information shall be kept confidential and privileged as required by law.

In the case of researchers, the Commissioner shall also first obtain evidence of the approval of their academic committee for the protection of human subjects established in accordance with 45 C.F.R.

part 46 an institutional review board or privacy board in accordance with 45 C.F.R.

§ 164.512(i)(1)(i)(A) and (B).

* * * Amyotrophic Lateral Sclerosis Registry Disclosure Requirements * * * Sec.

3.

18 V.S.A.

§ 174 is amended to read:

§ 174.

CONFIDENTIALITY (a)(1) All identifying information regarding an individual patient or health care provider is exempt from public inspection and copying under the Public Records Act and shall be kept confidential.

(2) Notwithstanding subdivision (1) of this subsection, the Commissioner may enter into data sharing and protection agreements with researchers or state, regional, or national amyotrophic lateral sclerosis registries for bidirectional data exchange, provided access under such agreements is consistent with the privacy, security, and disclosure protections in this chapter.

In the case of researchers, the Commissioner shall also first BILL AS PASSED BY THE HOUSE H.293 Page 4 of 7 obtain evidence of the approval of their academic committee for the protection of human subjects established in accordance with 45 C.F.R.

Part 46 an institutional review board or privacy board in accordance with 45 C.F.R.

§ 164.512(i)(1)(i)(A) and (B).

The Commissioner shall disclose the minimum information necessary to accomplish a specified research purpose.

* * * * * * Effective Date * * * Sec.

4.

EFFECTIVE DATE This act shall take effect on July 1, 2025.

* * * Health Equity Data Reporting * * * Sec.

1.

18 V.S.A.

§ 253 is amended to read:

§ 253.

DATA RESPONSIVE TO HEALTH EQUITY INQUIRIES * * * (b)(1) The Department of Health shall systematically analyze such health equity data using the smallest appropriate units of analysis feasible to detect racial and ethnic disparities, as well as disparities along the lines of primary language, sex, disability status, sexual orientation, gender identity, and socioeconomic status, and report the results of such analysis on the Department’s website periodically, but not less than biannually.

The Department’s analysis shall be used to measure over time the impact of actions taken to reduce health disparities in Vermont.