Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview Alvin T. Onaka,

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Presentation transcript:

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview Alvin T. Onaka, Ph.D Hawaii Department of Health

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Work Group Members Catherine Molchan DonaldAlabama Karen Hampton, J.D.Oregon Ronald HymanColorado Alvin T. Onaka, Ph.D.Hawaii Patricia W. Potrzebowski, Ph.D.Pennsylvania Steven Schwartz, Ph.D.New York City Linette T. Scott, M.D., M.P.H.California Wilfredo Lopez, Esq.New York City

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 National Center for Health Statistics, Division of Vital Statistics Julia L. Kowaleski George C. Tolson Judy M. Barnes Dewey H. LaRochelle

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview The Process

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview Input from Membership

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview Approval by Membership

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview Business Meeting Resolution

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview HHS Approval

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview Continuity of Change Catherine Molchan Donald Alabama Department of Public Health

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, Years Ago Vital event registration was essentially paper based Electronic systems were only being contemplated Identify theft was not as prevalent Internet was virtually non existent

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Fast Forward 20 Years Electronic birth and death registration systems, EVVE Same sex marriages, civil unions, Surrogate mothers, paternity acknowledgments Data disclosure and protecting confidentiality Security of information and fraud Continuity of Operations and Preservation in an electronic environment

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Closing the Gap Electronic Systems, EVVE Section 7, Security; Section 28, Certifications Same sex marriages, civil unions, surrogate mothers, paternity acknowledgments Section 11, Live Birth Registration; Section 24, Amendment to Establish Replacement Records of Live Birth

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Closing the Gap Data disclosure and protecting confidentiality Section 27, Confidentiality and Disclosure Security of information and fraud Section 7, Security Continuity of Operations and Preservation in an electronic environment Section 6, Duties of the State Registrar; Section 26, Preservation

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Closing the Gap – A Few More Important Areas Reorganized flow of law and regulations Updated language throughout Expanded the definitions section Strengthened the Certifications Section Expanded Fees

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview The Lawyer’s View Wilfredo Lopez, Esq. General Counsel Emeritus New York City Department of Health New York City Board of Health

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Perspective One of two lawyers on the Work Group along with Karen Hampton, Oregon 30 years of experience drafting laws and regulations New York City Health Code, state and local laws Only member not a Vital Statistics professional Allowed for an outside perspective

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Perspective Excited by the opportunity to contribute to a new Model Vital Statistics Law and Regulations Model Law should provide adequate authority, not a blank check that may be overturned as an unconstitutional delegation of authority or as arbitrary and capricious

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Uniformity Recognizing states rights and state and local norms, Model Law allows states to choose which provision they want to enact National Uniformity is beneficial in many respects Data collected, security, preservation, confidentiality

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Uniformity Model Law offers quick reference to best practices and best thinking Look at the Model Law, consider the novel issues addressed, enact provisions needed to get from good to better to great

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Implementation Engage your legal advisor; whether in-house counsel or in your Attorney General’s office Review Model Law compared to your existing vital statistics law and regulations Look for gaps in your law and opportunities for improvement Work on what needs to be fixed It’s a great step on the road to a better vital statistics future

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law Revision Overview Getting from Good to Great: Model Law’s Role Steven Schwartz, Ph.D New York City Department of Health and Mental Hygiene

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Getting from Good to Great Improving the NVSS Stronger NCHS-NAPHSIS partnership Improved NCHS systems VSCP contracts to help states improve Shared commitment: NCHS, NAPHSIS, states New Model Law and Regulations

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Model Law’s Role Incorporates our collective wisdom Promotes best practices Improves standardization Strengthens our standing It’s a terrific reference document

Continuity of Change: Where We Have Come From, Where We Are Going New Orleans, LA June 5 th – June 9 th, 2011 Challenges Your approval Implementing it Keeping it current Support Resources