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2007 State Legislation on Electronic Health Records and Personal Health Records

 HITCh Main Page

State	Bill Number	Status	Summary of Bill	EMR-Related Excerpts
Alabama
Alaska
Arizona
Arkansas
California	CA AB 53	12/04/2006 – Pending	Declares the intent of the Legislature to enact legislation that would provide universal health care coverage regardless of age, income, employment, or health status.	Section (e) “Establish electronic health records and personal health records that are compatible across systems on a statewide basis.”
	CA SB 320	02/16/2007 – Pending	Requires the Health and Human Services Agency to establish and operate the California health care infrastructure program, to improve the quality of health care in California, and to reduce the cost of health care through the advancement of health information technology.	“The California Health and Human Services Agency shall develop and deliver to the Legislature a strategic plan, which shall include the establishment of incentives and standards that foster the adoption and use of electronic health records by health care providers and consumers in the state, and the integration of personal health records for all residents of the state in order to improve health care quality, safety, and efficiency, and to reduce health care costs… including a study of alternative Medi-Cal reimbursement strategies, pay-for-performance strategies, and tax incentives.”
Colorado	CO S 196	02/20/2007 – Pending	Creates the health information technology advisory committee (committee) to develop a long-range plan for health care information technology, including the use of electronic medical records, computerized clinical support systems, computerized physician order entry, regional data sharing interchanges for health care information, data privacy and security measures, and other methods of incorporating information technology in pursuit of greater cost-effectiveness and better patient outcomes in health care.	25-1-1401.  Section 3(a) “On or before January 1, 2009, the committee shall develop a long-range plan for health care information technology, including the use of electronic medical records…”
Connecticut	CT S 88	01/03/2007 – Pending	Requires electronic medical records; requires physicians and hospitals to maintain electronic medical records.	Statement of Purpose “An act requiring electronic medical records.”

	CT S 1127	02/08/2007 - Pending	There is established the Charter Oak Health Plan for the purpose of providing access to health insurance coverage for state residents who have been uninsured for at least six months and who are ineligible for other publicly funded health insurance plans.  Directs the Commissioner of Health Care Access to convene an electronic health information technology task force to develop and provide recommendations to the Governor on the impact of electronic health information exchange.	Section 7 (c) “Inventory the various public and private health information technology initiatives currently underway in Connecticut, including efforts regarding personal health records, electronic health records and health information exchange; (3) identify the appropriate role of state government in the development, use and regulation of health information technology and define the goals and values of health information technology for the purposes of state policy and planning.”
Delaware
Florida	FL H 565	01/23/2007 - Pending	Relates to Medicaid pharmaceutical and therapeutics committees; renames Medicaid Pharmaceutical and Therapeutics Committee as Adult Medicaid Pharmaceutical and Therapeutics Committee; revises term and membership requirements of committee; creates Pediatric Medicaid Pharmaceutical and Therapeutics Committee; provides for membership and terms; provides for duties and requirements of committee; conforms references.	Section 5 “By April 1, 2006, the agency shall contract with an entity to design a database of clinical utilization information or electronic medical records for Medicaid providers.”
Georgia	GA S 28	01/22/2007 - Pending	Be entitled an Act to provide a short title; to comprehensively revise the laws of Georgia concerning the provision of health insurance; to amend Title 33 of the O.C.G.A., relating to insurance, so as to provide for the development of consumer driven health insurance plans by the Commissioner of Insurance; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to require pharmacies to submit certain performance and cost information.	“Subject to appropriations by the General Assembly, provide for the establishment of a central data base accessible through a website for the purpose of providing a clearing-house of electronic medical records accessible to health care providers, patients, and others. The data base shall include, at a minimum, vaccination records and prescription drug records.”
	GA S 150	02/13/2007 – Pending	Relates to health, so as to provide for new health information technology tools, such as the establishment of a website to provide consumers with information on the cost and quality of health care in Georgia.	Section 2 “To provide for the establishment of a central data base of electronic medical records…    Work collaboratively with the appropriate state agencies in the development of electronic medical records.”

	GA H 404	02/13/2007 – Referred to Ways and Means Committee	Relates to insurance and revenue and taxation, so as to provide for additional exemptions for certain health plans with respect to state and local insurance premium taxes; provides for related matters; provides for a sales tax exemption for a limited period of time with respect to certain sales of tangible personal property or services to a qualified small business.	“To provide for an income tax credit with respect to qualified health information technology expenses…Qualified health information technology expense' means the expenditure of funds by a taxpayer for health information technology hardware or software used directly in the establishment and maintenance of electronic medical records accessible at a website established by the Department of Community Health pursuant to Code Section 26-4-80 or 31-33-9.”
Hawaii	HI S 977	02/15/2007 – Referred to Ways and Means Committee	Appropriates funds to develop a statewide rural training model to provide a pipeline of well trained family physicians to improve health care access and meet the future health needs of the people of Hawaii; relates to primary health care services.	The partial costs of starting the two new academic clinical practices on the neighbor islands total $870,000 in fiscal year 2008 and $1,890,000 in fiscal year 2009. They include the costs of eight faculty physician salaries, clinic infrastructure improvements, transportation, and electronic health records. These components are the minimum critical elements necessary for American college of graduate medical education accreditation.
Idaho	ID H 159	02/09/2007 – Pending	Adds to and amends existing law to provide for the Idaho Community Health Center Grant Program; to create the Community Health Center Grant Fund; to define terms; to provide for scope of grant support.	“Under a grant may be used for the purchase, construction, renovation or improvement of real property or for projects which are solely or predominantly designed for the purchase of equipment, including information technology and electronic health records.”
Illinois	IL H 1254	02/20/2007 – Referred to Committee on State Government Administration	Creates the Illinois Health Information Network Act. Requires the Department of Public Health to establish a not for profit corporation to plan the creation of a state-level network for the electronic exchange of medical patients' records among health care providers.	Section 5 (a) “In order to advance the effective implementation and use of electronic health records through public-private partnerships, the Illinois Department of Public Health shall establish a not-for-profit corporation (ILHIN), by November 1, 2007… ILHIN shall plan for the creation of a state-level health information exchange using a federated model wherein complete patient electronic health records are stored, maintained, and updated by the treating health care provider, but access to key health data is provided to other providers of the patient, with patient consent, through secure interoperable record locator technology.”
Indiana

Iowa	IA H 211	02/02/2007	Provides for the establishment of a health care information technology and infrastructure advisory committee; makes an appropriation.	The advisory committee, “Shall identify the required steps to develop a statewide interoperable health care information infrastructure within a ten-year time frame. The steps identified shall include estimates of necessary financial resources for development of the infrastructure and for determining standards for development of administrative data exchange, clinical support systems, data warehousing, smart cards, personal medical records, and the maintenance of the security and confidentiality of individual patient data.”
Kansas
Kentucky
Louisiana
Maine
Maryland	MD H 979	02/09/2007 – Referred to Committee on Health and Government Operations	Alters the uses of the Community Health Resources Commission Fund to provide funding for a regional health data exchange; requires the Health Services Cost Review Commission to provide funding of at least a specified amount for a regional health data exchange; establishes eligibility requirements for an organization to receive funding.	Provide funding for the development, support, and monitoring of a Regional Health Data Exchange among primary and specialty care providers, hospitals, and other providers of services to community health resource members.  A regional health data exchange will carry forward the momentum created by the Task Force to study electronic health records.”
Massachusetts
Michigan	MI S 1	01/10/2007 – Referred to Committee	Requests a federal waiver for incentives for Medicaid recipients.	Section D “Provide financial support for electronic health records including e-prescribing, web-abased medical records, and other health information technology initiatives using Medicaid funds.”
	MI H 4202	02/07/2007 – Referred to Committee	Establishes a single-payer health care system.	“Establish a system of secure electronic medical records that comply with state and federal privacy laws and that are compatible across the system… allow for e-visits, for use in the health insurance system.  Establish electronic systems that allow standard of care guidelines, including disease management programs to be embedded in a patient's electronic medical records.”

Minnesota	MN S 2	02/15/2007 – Referred to Commerce and Consumer Protection Committee	Proposes an amendment to the Constitution to affirm state residents right to affordable health care; enacts other non-constitutional legislation to include revisions of the Minnesota Care program, electronic medical records, medical assistance coverage for Medicare Part D co-payments; definition of employer-subsidized insurance, family planning grants, MinnesotaCare premiums for military and dependants, creation of a prescription drug discount program, and co-payments for medical assistance care.	62J.495 Subdivision 1 “Implementation. By January 1, 2015, all hospitals and health care providers must have in place an interoperable electronic health records system within their hospital system or clinical practice setting. The commissioner of health, in consultation with the Health Information Technology and Infrastructure Advisory Committee, shall develop a statewide plan to meet this goal, including uniform standards.”
	MN H 297	01/22/2007 – Referred to Committee	Requires an interoperable electronic health records system;	Same as Senate Bill 2 “By January 1, 2015, all hospitals and health care providers must have in place an interoperable electronic health records system”
	MN S 888	02/15/2007 – Referred to Committee	Relates to state government; amends provisions relating to child care, children and families; concerns licenses; relates to health, continued, mental health care and health insurance; concerns the Department of Health; appropriates money.	“Grants authorized. The commissioner of health shall award grants to eligible community e-health collaborative projects to improve the implementation and use of interoperable electronic health records.”
	MN H 842	02/12/2007 – Referred to Committee	Relates to state government; amends provisions relating to child care, children and families; concerns licenses; relates to health, continued, mental health care and health insurance; concerns the Department of Health; appropriates money.	Same as Senate Bill 888.  “Grants authorized. The commissioner of health shall award grants to eligible community e-health collaborative projects to improve the implementation and use of interoperable electronic health records.”
Mississippi
Missouri	MO H 55	01/03/2007 - Pending	Creates the Healthcare Technology Fund and the Missouri Healthcare Technology Commission.	“Improvements on technology shall include encouragement and implementation of technologies intended to improve the safety, quality, and costs of healthcare services in the state including, but not limited to, the following:      (1) Electronic medical records;      (2) Community health records;      (3) Personal health records;      (4) E-prescribing;”
	MO S 274	01/16/2007 – Referred to Committee	Relates to Healthcare Technology Fund.	Same as House Bill 55  “(1) Electronic medical records;    (2) Community health records;    (3) Personal health records;”
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico	NM H 293	01/22/2007 - Pending	Makes appropriations to establish St. Vincent Regional Medical Center as an Electronic Medical Records Repository.	Section 1 “APPROPRIATION.--Two million dollars ($2,000,000) is appropriated from the general fund to the department of finance and administration for expenditure in fiscal year 2008 for St. Vincent regional medical center to establish and implement an electronic medical records repository for north central New Mexico, including establishing a database and tracking system for all providers.”
	NM H 928	02/05/2007 – Referred to Committee.	Makes an appropriation to purchase electronic health records software for the Mora valley community health center.	Section 1 “APPROPRIATION.--Twenty-five thousand dollars ($25,000) is appropriated from the general fund to the department of health forexpenditure in fiscal year 2008 to purchase electronic health records software for the Mora valley community health center. Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert to the general fund.”
	NM S 656	02/12/2007 – Referred to Committee.  Do pass.	Makes an appropriation to the Department of Health to implement electronic patient health records at primary care clinics.	“Systems with alerts for adverse drug reactions; devising systems for measuring patient outcomes and offering practitioners incentives for positive patient outcomes; involving patients more fully in their health care through personal health records and web portals; reducing mortality and morbiditycaused by preventable medical errors; and achieving cost savings through elimination of unnecessary or duplicative treatment and tests.”
	NM H 693	02/14/2007 – Referred to Committee.  Do pass.	Makes an appropriation to the Department of Health to implement electronic patient health records at primary care clinics.	Same as Senate bill 656.  “Devising systems for measuring patient outcomes and offering practitioners incentives for positive patient outcomes; involving patients more fully in their health care through personal health records and web portals.”
New York	NY S 708	01/08/2007 - Pending	Authorizes the use of an electronic medical records system when dispensing certain schedule II controlled substances; defines electronic medical records system.	Section 3335 “Issuing upon prescriptions via electronic medical records system.  A physician may dispense directly to a pharmacy any controlled substance prescription pursuant to an electronic medical records system. Such physician shall be eligible and permitted to issue prescriptions through such electronic medical records system, including prescriptions for patients receiving Medicaid.”
North Carolina
North Dakota	ND S 2303	02/09/2007 – Passed.  Sent to House.	Relates to creation of a Health Information Technology Steering Committee; provides an appropriation.	“The steering committee shall make recommendations for implementing a statewide interoperable health information infrastructure that is consistent with emerging national standards, promotes the adoption and use of electronic health records and other health information technologies, and promotes interoperability of health information systems.”
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee	TN S 2268	02/15/2007 - Pending	Concerns public contracts; specifies that no State contract for the adoption of electronic health records, health exchange information, and eHealth infrastructure which includes initiatives with other states and federal agencies in which the State has an interest may be sought until the initial plans for such procurement have been submitted for approval.	“No state contract for the development, implementation and interoperability of the adoption of electronic health records, health information exchange, and eHealth infrastructure which includes initiatives with other states and federal agencies in which the state of Tennessee or any of its departments, institutions or agencies has an interest, shall be sought.”
	TN H 2284	02/15/2007 - Pending	Concerns public contracts; specifies that no State contract for the adoption of electronic health records, health exchange information.	Same as Senate Bill 2268.  “No state contract for the development, implementation and interoperability of the adoption of electronic health records, health information exchange, and eHealth infrastructure which includes initiatives with other states and federal agencies in which the state of Tennessee or any of its departments has an interest, shall be sought.”
Texas	TX S 40	01/09/2007 - Pending	Concerns electronic health information.	Section (f) “The committee shall: (1) consult with practicing physicians and others to develop recommendations concerning financial incentives to increase physicians' use of electronic health records systems that meet patients' expectations for privacy and control of access to patient records; (2) consult with advisory groups to explore policy changes that would increase the adoption of electronic health records systems;”

	TX S 204	01/11/2007 - Pending	Relates to certain electronic medical records systems.	Sec. 161.0107 “Electronic Medical Records Systems. (a) A person who sells, leases, or otherwise provides an electronic medical records software package or system to a person who administers immunizations in this state or to an entity that manages records for the person shall provide, as part of the electronic medical records package or system, the ability to: (1) electronically interface with the immunization registry created under this subchapter; and  (2) generate electronic reports that contain the fields necessary”
	TX H 1066	02/02/2007 – Referred to House Public Health Committee	Relates to electronic health information, electronic health records; creates the Texas Health Service Authority Corporation.	“The corporation shall regularly assess the adoption of electronic health records systems and use of the statewide health information network by providers, consumers, public health officers, and other health care stakeholders to identify and regularly reevaluate the state's health information infrastructure strengths and weaknesses.”
Utah
Vermont	VT H 229	02/05/2007 – Referred to House Ways and Means Committee	Makes corrections and clarifications to the 2006 Health Care Affordability Act and related legislation.	“The commissioner, in collaboration with VITL and other departments and agencies of state government, shall establish a loan and grant program to provide for the capitalization of electronic medical records systems at primary care practices. Health information technology acquired under a grant or loan authorized by this section shall comply with data standards for interoperability adopted by VITL and the state health information technology.”
Virginia	VA HJR 649	01/10/2007 - Pending	Directs the Joint Commission on Health Care to study the increased use of electronic health information technology and electronic personal health records.	“In conducting its study, the Joint Commission on Health Care shall study factors affecting adoption of health information technology in the Commonwealth including (i) the current rate of use of health information technology and electronic personal health records in the Commonwealth, (ii) factors impeding the increased use of health information technology and electronic personal health records in the Commonwealth, and (iii) steps that could be taken to expand the use of health information technology and electronic personal health records in the Commonwealth.”

	VA H 2198	01/18/2007 - Pending	Requires any electronic health records system or software purchased by a state agency to adhere to accepted standards for interoperability or to be certified by a recognized certification body.	Section 1 “That any state agency of the Commonwealth that purchases a system or software that pertains to or interacts with electronic patient information or electronic health records shall ensure that such system or software adheres to accepted standards for interoperability and data exchange or has been certified by a recognized certification body which shall ensure patient confidentiality.”
Washington	WA S 5423	1/19/2007 - Pending	Establishes provisions to improve the quality of health care through the use of health information technologies.	Section (B) “Through state health purchasing, reimbursement, or pilot strategies, promote and increase the adoption of health information technology systems, including electronic medical records, by hospitals as defined in RCW 70.41.020(4), integrated delivery systems, and providers that:    I)Facilitate diagnosis or treatment;    II)Reduce unnecessary duplication of medical tests;”
	WA H 1569	01/23/2007 - House Appropriations Committee	Reforms the health care system in the state.	Same reference to EMRs as Senate Bills 5423, 5640, and 5703 “Through state health purchasing, reimbursement, or pilot strategies, promote and increase the adoption of health information technology systems, including electronic medical records.”
	WA S 5930	02/07/2007 - Senate Health and Long-Term Care Committee	Provides high quality, affordable health care to residents based on the recommendations of the blue ribbon commission on health care costs and access.	Section (d) Promote adoption of electronic medical records through continuation of the Washington health information collaborative, and by working with private payers and other organizations in restructuring reimbursement to provide incentives for providers to adopt electronic medical records in their practices.
West Virginia	WV H 2177	01/16/2007 - Pending	Providing a tax credit to medical providers in an amount equal to their investment in electronic medical record technology.	“A bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated Section 11-27-38, relating to providing a tax credit to medical providers in an amount equal to their investment in electronic medical records.”
	WV S 146	01/19/2007 - Pending	Relates to providing a tax credit to medical providers in an amount equal to their investment in electronic medical records technology.	Same reference to EMRs as House bill 2177.  “Relating to providing a tax credit to medical providers in an amount equal to their investment in electronic medical records technology.”

Wisconsin	WI S 45	02/15/2007 - Senate Health and Human Services Committee	Relates to income and franchise tax credits for information technology equipment used to maintain medical records in electronic form and for interest on bonds or notes issued by the Wisconsin Health and Educational Facilities Authority for purposes related to the purchase of information technology equipment by health facilities, and granting rule-making authority.	Section (1) “The department shall implement a program to certify health care providers as eligible for the electronic medical records credit under sections 71.07 (5i), 71.28 (5i), and 71.47 (5i).
	WI S 40	02/14/2007 - Joint Committee on Finance	Relates to state finances and appropriations. Constitutes the Executive Budget Act of 2007 Legislature.	Same reference to EMRs as Senate Bill 45.  “The department shall implement a program to certify health care providers as eligible for the electronic medical records credit.”
Wyoming	WY H 320	02/05/2007 - Senate Appropriations Committee	Relates to public health and safety; provides for an electronic health records pilot program; provides for the designation of a regional health information organization; provides for contracting with the regional health information organization for development of a system of electronic health records; provides priorities in system development; provides protections for patient privacy; establishes a crime for misuse of electronic health records as specified.	Section (a) “The department shall designate an organization as the RHIO for purposes of a pilot electronic health records program for the state of Wyoming.  The department shall contract with the RHIO for the development and operation of systems to enable and facilitate the operation of electronic health records capable of interchanging information within the state and to the extent feasible outside the state.”

* Scope of search included electronic health records, electronic medical records, and personal health records.

Updated February 26, 2007