_Kri2er, Ryan From: Sara Teachout Sent: Tuesday, May 7, 2019 6:29 PM To: Kriger, Ryan Cc: Maggie Lenz Subject: RE: 5.110 Health Information PM Thank you all. My cell is below and it would be helpful to hear your perspectives. Sara Teachout Director, Government, Public, and Media Relations Blue Cross and Blue Shield of Vermont PO. Box 186 Montpelier VT 05601-0186 (802) 279-9686 (cell) (802) 371-3254 (office) BlueCmss BlueShjeId 643% of Vermont AIWAW We?lf see you through. From: Kriger, Ryan Sent: Tuesday, May 07, 2019 6:27 PM To: Sara Teachout Cc: Maggie Lenz Subject: FW: 5.110 Health Information PII CAUTION: This email originated outside of DO NOT CLICK any links or open attachments unless you recognize the sender and know the content is safe. Sara, I am looping Maggie Lenz, who represents Facebook, into this discussion, so that she can be aware of your concerns and perhaps help with the discussion. ?Ryan Ryan 6. Kriger Assistant Attorney General Vermont Office of the Attorney General Public Protection Division 109 State Street Montpelier, VT 05609?1001 ph: (802) 828-3170 rvan.kriger@vermont.gov From: Kriger, Ryan Sent: Tuesday, May 7, 2019 6:05 PM To: Sara Teachout Michael Durkin Cc: Clark, Charity Kingman, Andrew Halpert, Jim 139 Subject: RE: S.110 Health Information PII Sara, On Friday, Facebook, which is part of the State Privacy and Security Coalition, raised concerns about the health definition that we agreed to a couple weeks ago. We reached out to the Coalition and, with the assistance of Pam Dixon, a privacy expert and the head of the World Privacy Forum, we came to the language below. We think it?s appropriate that if the information described in the definition were acquired by someone unauthorized, the consumers whose data has been acquired should be notified. There is a hearing tomorrow at 9:30 on this, and I can meet with you beforehand. Jim and Andy, cc?d here, represent the Coalition, so they may want to weigh in. -Ryan Ryan G. Kriger Assistant Attorney General Vermont Of?ce of the Attorney General Public Protection Division 109 State Street Montpelier, VT 05609-1001 ph: (802) 828-3170 ?an.kriger@vermont.gov From: Sara Teachout Sent: Tuesday, May 7, 2019 5:56 PM To: Kriger, Ryan Michael Durkin Cc: Clark, Charity Kingman, Andrew Halpert, Jim Subject: RE: S.110 Health Information Dear Ryan, First of all, thank you very much for keeping us informed of the changes. We do have serious concerns about adding ?health, wellness, and fitness records.? I don?t think we fully understand the scope of the consequences of this addition and wellness programming is significant aspect of our work that may or may not fall under HIPAA. Can we talk about this tomorrow in the State House? Who is suggesting these changes? A little additional context would help me understand what the legislature is trying to achieve with this addition. I am available before 8:30 or after 9:30 and will be in the State House from mid-morning on. Thank you again, Sara From: Kriger, Ryan Sent: Tuesday, May 07, 2019 2:19 PM To: Kelly Lange Michael Durkin Sara Teachout Cc: Clark, Charity Kingman, Andrew Halpert, Jim Subject: S.110 Health Information PII 140 Kriger, Ryan From: Sent: To: Cc: Subject: Maggie Lenz Tuesday, May 7, 2019 4:23 PM Michael Marcotte Kriger, Ryan; David Hall; Clark, Charity Re: New 8.110 Health Information Language Yes, we are in agreement. Thank you so much to all parties involved. Sent from my iPhone On May 7, 2019, at 4:17 PM, Michael wrote: Thanks Ryan Sent from my iPad On May 7, 2019, at 4:14 PM, Kriger, Ryan wrote: Chairman Marcotte, After much discussion, the following language was arrived at with the State Privacy Security Coalition. I believe that Facebook was part of these conversations, I?ll leave it to Maggie to confirm that her client also agrees with this language. New 9 VSA 2430(10)(vii) (replacing the existing section): (I) Health, wellness. or ?tness records; (II) a health care professional's medical diagnosis or treatment of the consumer; or a health insurance policy number. (vii) -Ryan Ryan G. Kriger Assistant Attorney General Vermont Office of the Attorney General Public Protection Division '109 State Street Montpelier, VT 05609-1001 ph: (802) 828?3170 rvan.kriger@vermont.gov 145