Law would require DPHHS to publish specified data during declared public health emergencies, sponsor says

Representative Mercer introduced House Bill 253 as a response to public concerns about transparency during public health emergencies. Mercer said the bill would require the Montana Department of Public Health and Human Services (DPHHS) to disclose certain information—assuming a governor-declared public health emergency—including counts of hospitalizations and outcomes by specified age cohorts and other aggregated fields, twice weekly while the emergency is in effect.

"The department would at least twice weekly disclose health information in accordance with confidentiality requirements," Representative Mercer said. She told the committee the measure is intended to codify types of information the public should expect rather than leaving disclosure to executive discretion.

W. Williamson, identified as the state epidemiologist with DPHHS, described the department’s existing data collection and explained the agency often reports age, gender, race and county of residence. Williamson cautioned that disaggregating by geography or other demographic fields can create small counts that risk identifying individuals; the department would assess disclosure choices to avoid inadvertent identification.

Senators asked about whether local public health officers could make disclosures; Mercer said the bill is focused on DPHHS at the state level. Questions also touched on which demographic cohorts should be prioritized; Representative Cunningham (on the House side, as referenced in the hearing) had recommended focusing on infants and then moving up through age cohorts.

The committee later concurred in House Bill 253 by voice vote in executive action. Testimony included discussion of the balance between public transparency and confidentiality and noted DPHHS had released certain information during the COVID-19 emergency but proponents sought to codify the practice going forward.