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MINUTES ORANGE COUNTY BOARD OF HEALTH April 23, 2009 Board of Health Minutes Transcription completed by Anne Miles Cassell 5 April 23, 2009 At-Large The Committee has reviewed the procedures contained in the Board Policy Manual and will report on a recruitment plan. A physician and optometrist have recently applied through the Commissioner’s office. Motion to forward recommendation of Anissa Vines for a second term to the Board of Commissioners and accept Dr. Carey’s resignation letter was made by Chris Harlan, seconded by Jessica Lee and carried without dissent. D. Red Flag Policy In November 2007, several federal agencies jointly issued a new set of regulations intended to help prevent, detect, and mitigate identity theft. The regulations are known as the identity theft “red flag” rules and require the entities they cover to develop policies and procedures to recognize and respond to circumstances that may indicate identity theft has occurred. This rule applies to local health departments that allow their clients to receive services and pay for them at a later date. Both the county and health department are subject to the red flag rules and need to take several specific actions, no later than May 1, 2009. The key actions that a health department must take are: 1. Determine which of its accounts are covered accounts, as defined by the rules. 2. Develop and implement a written identity theft prevention (ITP) program with policies and procedures in areas specified by the rules. 3. Obtain administrative (Board of Health) approval of the written ITP program. 4. Train appropriate staff members to implement the ITP program. 5. Provide for the continuing administration of the ITP program. At the present time Orange County has developed a “Red Flag Identity Theft Program” that has been submitted to the Board of Commissioners for their approval and adoption of the policy. The Orange County Health Department’s Red Flag Identity Theft committee drafted a policy separate from the county’s policy. The committee recommended the Board of Health adopt the county policy to be in compliance by May 1, 2009 until the state provides local health departments with guidance of what needs to be included in the health department policy. Annette Moore, staff attorney for the county, was present for the meeting and explained that there were a number of departments within the County affected by this program. The policy drafted was careful not to conflict with HIPPA. Rosemary Summers stated that the law was written unclearly referencing “Board of Directors” as the source of approval. Dr. Carey asked if the operational procedures of the staff would change as a result of this policy. He stated that the core mission was to provide healthcare and not deny access by focusing on payment or identity fraud. This policy does not require reporting to law