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Bill would allow legislators to review drug-test records in CPS files with parent permission, department says HIPAA not a barrier
Summary
Sen. Dennis Lenz told the committee Senate Bill 248 would explicitly allow legislators access to drug-testing results in Child Protective Services case files when parents give permission; the department said drug tests are part of the case file and parent consent is required for legislative review.
Senator Dennis Lenz opened the hearing on Senate Bill 248 on March 17, saying the bill would allow legislators to review drug-testing results held by Child Protective Services when parents permit access.
Lenz said the change is intended to give legislators an additional piece of information when they review CPS case files for public-policy purposes. "One of the things that this will allow access to is drug testing results held by the department for testing conducted both in the field and in a laboratory," he said.
Nikki Grossberg, division administrator for Child and Family Services, testified as an informational witness that drug tests are part of the department’s case file and therefore would be available to a legislator who has the parent’s permission. When asked about HIPAA concerns, Grossberg said, "I think that's a great question. Drug testing is part of our case file, and so would be part, for available for legislators to review when they get parents' permission." She added that parents should be informed that drug tests will be included in any file they authorize legislators to review.
Committee members asked whether the drug-test records include tests for children as well as adults; Grossberg confirmed the case record can contain tests for both parents and children.
The hearing ended with the sponsor thanking the committee and asking for a carrier in the House; Representative Gear volunteered to carry the bill if it passes the committee stages. No committee vote or formal action was recorded at the hearing.
