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Health Information Technology Champions (HITCh)

 

    2007 State Legislation on
Health Information Exchanges and Networks

 NCSL: Health Information Technology Champions (HITCh)


State

Bill Number

Status/Date of Last Activity
(Gold = law; Gray= vetoed; Blue = passed by at least one chamber)

Summary of Bill

HIE-Related Excerpts

Alabama

 

 

 

 

Alaska

 

 

 

 

Arizona

 

 

 

 

Arkansas

 

 

 

 

California

CA SB 320

Vetoed 10/14/2007

California health care infrastructure program, quality and cost objectives furthered via health information technology.   Plan for all residents to have electronic health care record.

Coordinates State agencies with regional HIE networks
(j) Facilitating the coordination of appropriate state agencies and departments with regional health information exchange network and monitoring systems to assess adoption patterns and needs.

 

CA EO 7

Filed with Secretary of State 3/14/07

Convenes workgroup of key public and private stakeholders, including representation from the Public Employees Retirement System to pursue HIT adoption as part of comprehensive health quality, transparency and accountability effort.

Provide State leadership and coordination of the health information technology related efforts to achieve 100 percent electronic health data exchange; Accelerate the use of health information technology, leveraging State purchasing power, including support for uniform interoperability standards and adoption of health information technologies, such as e-prescribing; Leverage improved health care outcomes and quality improvements via Medi-Cal reimbursement policies…

Colorado

Chapter 296, CO S 74

Enacted 05/25/2007

Creates the emergency access to health information demonstration program

Calls for the Health Care Task Force to make recommendations for… an interoperable, statewide electronic health information exchange , including but not limited to:  (I) privacy and security concerns;  (II) the benefits to public medical assistance programs participating in an electronic health information exchange; (III) accessibility of electrocardiogram tracings by emergency treatment facilities; (IV) priorities for implementing a statewide electronic health information exchange to improve health care safety, quality, and cost-effectiveness; (V) how western states can leverage resources and influences to advance regional and national electronic health information exchanges; and (VI) the benefits of an electronic health information exchange for Colorado’s health care reform efforts.

The task force is to solicit information from an independent nonprofit organization established to facilitate the availability of a statewide electronic health information exchange; public and private health care providers from diverse geographic areas of the state; business interests; and consumers.

 

Chapter No. 282, CO S 196

Enacted 05/24/2007

Creates the health information technology advisory committee  to develop a long-range plan for health care information technology.

Requires the committee to pursue an interstate compact among western states.

Creates the Health information technology advisory committee.

The committee shall 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, interoperable health information technology, and other methods of incorporating information technology in pursuit of greater cost-effectiveness and better patient outcomes in health care. In developing the long-range plan, the committee shall study the effect of health care information technology on price disparities in the delivery of health care services for residents of this State.  

Requires the committee to pursue an interstate compact among western states to create internal state health information technology and health information exchange programs with the goal of connecting and exchanging information between the compact states to provide lower-cost, higher-quality, and accessible health care services and benefits.  The interstate compact shall include an agreement regarding Health Information Exchange and Health Information technology interoperability. 

Connecticut

CT H 6839

Failed - Adjourned

Authorizes grants and loans to fund planning and implementing local and regional health information infrastructures.

Adds definitions related to HIT, establishes an office of HIT within the Department of Public Health with a broad array of planning, research, leadership, regulatory and financing duties.  Creates an HIT advisory committee and establishes its duties, including financing through grants and loans.

(a)… Office of Health Information Technology, shall establish and implement a program to provide grants to public and nonprofit private entities that are or represent a network or potential network that includes health care providers and health plans in a defined area of geographic proximity or organizational affinity and that may include for-profit entities provided such an entity is not the grantee, to plan and implement local or regional health information infrastructures that allow for the seamless, secure, electronic sharing of health information among health care providers, health plans and other authorized users.

(b)… shall establish and implement a loan program  [for the same purposes and parties as the grants].    

The legislation also establishes a HI network loan fund account as “ a separate, nonlapsing account within the General Fund” and authorizes the State Bond Commission to issue bonds to implement the loan program. 

 

Chapter 185,
CT S 1484

Enacted 07/10/2007

Concerns the HealthFirst Connecticut and Healthy Kids initiatives

Sec. 24. (NEW) (Effective July 1, 2007) eHealth Connecticut shall be designated the lead health information exchange organization for the state of Connecticut for the period commencing July 1, 2007, and ending July 1, 2012. The Commissioner of Public Health shall contract with such organization to develop a state-wide health information technology plan, which includes development of standards, protocols and pilot programs for health information exchange.

 

CT S 1127

Failed - Adjourned

Comprehensive  health reform proposal Includes a task force to examine the impact of health information technology and make recommendations for HIE.

Task force to assess environment and current and potential state roles.

(a) The Commissioner of Health Care Access shall convene an electronic health information technology task force to develop and provide recommendations to the Governor on the impact of electronic health information exchange…..

 (c) The task force shall: (1) Research and examine the impact of the electronic use of health information to improve the quality and efficiency of health information exchange; (2) 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; (4) assess the impact of health information on the state's roles as payor, provider, purchaser, regulator and employer and recommend statutory, regulatory and policy changes

including changes required to address privacy, confidentiality and public safety; (5) develop an overall state health information technology policy; (6) develop options for advancing the implementation of health information technology through the state's roles as payor, provider, purchaser, regulator and employer and identify opportunities and strategies for public and private collaboration.

Delaware

DE H 250

Enacted 07/01/2007

A Bond and Capital Improvements Act for the fiscal year ending June 30, 2008.

Section 37. Delaware Health Information Network. The Section 1 Addendum to this Act appropriates $3,000,000 for the Delaware Health Information Network. As a joint initiative between private, federal and state funds, the $3,000,000 shall be utilized to support the development of an interoperable network to exchange clinical information among all healthcare providers across the state to improve patient outcomes and patient-provider relationships. The system shall be designed to allow patient clinical information to be shared across all healthcare facilities and organizations and across public and private sectors.

District of Columbia

 

 

 

 

Florida

FL H 1121
also
FL S 2348,
FL S 2582 

                    

DIED IN MESSAGES
05/04/2007

 

Comprehensive HIE legislation.

Requires the Agency for Health Care administration to develop and implement a plan for formation and operation of a health information network; to contract to implement the plan; and creates it as a not-for-profit corporation.

Comprehensive HIE legislation requiring the Agency for Health Care Administration to develop and implement a plan for the formation and operation of a health information network. 

 The "Florida Health Information Network Act." …

promote the establishment of a privacy-protected, secure, and integrated statewide network for the communication of electronic health information among authorized parties through a coordinated public-private initiative that will develop and operate the state's health information infrastructure.  ... The agency shall develop a plan and performance standards for the formation and operation of a health information network and shall contract with the Florida Health Information Network   

The act specifies the makeup of the corporation and specifies how it shall institute a statewide health information network, including how it interacts with regional and local networks.   

 

H 1123
also
S 2252
S 2350

DIED IN MESSAGES
05/04/2007

Defines the application of laws related to security, privacy and public records to the work of the   Florida Health Information Network.

Providing an exemption from public-records requirements for patient medical or health records, trade secrets, and certain other information that is confidential or exempt contained in records of the Florida Health Information Network, Inc.;

providing an exception to the exemption; providing for review and repeal…

Georgia

GA H 94

Enacted 04/19/2007

Appropriation bill

Provide funding to The Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link the Federally Qualified Community Health Centers.

Amount appropriated in this Act $10,849,617     $11,499,4551

Hawaii

 

 

 

 

Idaho

 

 

 

 

Illinois

IL H 1254

Vetoed 10/5/2007

Comprehensive HIE bill.

Creates the state Health Information Network Act. Requires the Department of Public Health to establish a not for profit corporation to plan a state-level network for the electronic exchange of medical patients' records among health care providers. Authorizes the network to assist associations of health care providers as well as individual providers. Specifies that such persons may charge fees. Specifies conditions under which health information may be made available.

Creates the Illinois Health Information Network (ILHIN) Act. Requires the Department of Public Health to establish a not for profit corporation (ILHIN)…

“To establish a state-leve health information exchange to facilitate the sharing of health information among health care providers within Illinois and beyond in other states; and  (2) To foster the widespread adoption of electronic health records, personal health records, and health information exchange by health care providers and the general public.”

Describes purposes, governance, charges ILHIN to plan for creation of state-level HIE using federated model, calls for use of technology and specifications tested elsewhere, assigns responsibilities including standard-setting, enforcement and education, and requires state agencies to follow ILHIN standards.

Indiana

IN S 551

Enacted 05/02/2007

Comprehensive HIE bill.

Establishes the Indiana Health Informatics Corporation; provides that the Indiana Health Informatics Corporation is a body politic and corporate; requires the Indiana Health Informatics Corporation to encourage, facilitate and assist in the development and operation of health informatics functions in Indiana; provides that the Indiana Health Informatics Corporation is governed by a board consisting of seven members.

Comprehensive HIE legislation creates  IHIC as an “independent instrumentality exercising essential public functions.”  The IHIC is to “(1) Encourage and facilitate the development of a statewide health information exchange system. (2) Encourage and facilitate users of the statewide health information exchange system and other interested parties in developing and adopting standards. (3) Develop programs and initiatives to promote and advance the exchange of health information. (4) Recommend policies and legislation that advance the development and efficient operation of the statewide health information exchange system. (5) Report on Indiana's progress toward implementing the statewide health information exchange system.  The bill requires the IHIC's plan to create the statewide health information exchange system to provide for procedures and security policies to ensure compliance with HIPAA.

Iowa

 

 

 

 

Kansas

KS EO 3

Filed with Secretary of State - 02/08/2007

(Executive Order 07-02)Relates to interoperable electronic health records; creates the Health Information Exchange Commission.

Create s the Kansas Health Information Exchange

Commission ("Commission") with the following purposes and charges: The Commission shall encourage collaboration and facilitate a standardized approach to interoperable HIE in Kansas and across state lines. The Commission shall recommend policy that will advance HIE in Kansas while protecting the privacy and security of citizens' private health information.

The Commission shall leverage existing HIE initiatives in Kansas and proactively seek opportunities to utilize HIE for the betterment of Kansas' health care system.  

 

KS H 2368

Enacted 04/23/2007

An act appropriating funds

(e) In addition to the other purposes for which expenditures may be made by the Kansas health policy authority from the moneys appropriated from the state general fund or from any special revenue fund for the Kansas health policy authority for fiscal year 2008, as authorized by this or any other appropriation act of the 2007 regular session of the legislature, expenditures shall be made by the Kansas health policy authority from moneys appropriated from the state general fund or from any special revenue fund for the Kansas health policy authority for fiscal year 2008 to support ongoing health information exchange initiatives that include health information exchange infrastructure planning, privacy and security collaboration, the advanced identification card project and the community health record project and to support the inclusion of disease management, a strengthening of electronic prescribing and electronic medical records and the development of pilot programs and compatibility with the private sector.

Kentucky

 

 

 

 

Maine

ME LD 727

Enacted 05/04/2007

Incorporates health information networks into the definition of "health care facility" so that infrastructure needs of health care facilities are part of the Maine Health and Higher Educational Facilities Authority Act.

Adds the following language to the definition of a facility. “a nonprofit statewide health information network incorporated in the State for the purpose of exchanging health care information among licensed providers in the State”

 

Chapter 240, ME LD 499

Enacted 06/07/2007

Appropriates funds for the 2008-09 biennium

Appropriates funds on a one-time basis for grants to HealthInfoNet to help build the first phase of Maine's health information exchange system.  2007-08 General Fund Total  $265,000                  

 

ME LD 1797

Carryover -06/20/2007

This bill appropriates $2,000,000 to Maine's HealthInfoNet program to fund the creation of a health information exchange and to facilitate the use of electronic medical records.

Provides $2 million in funding for the HealthInfoNet to create a health information exchange and facilitate the use of electronic medical records.

Maryland

MD H 979

Enacted 04/24/2007

FOR the purpose of establishing a health information exchange pilot project; requiring

Hospitals may apply to the state health services cost review commission for a one-time award through rate adjustment to provide partial compensation for the cost of developing a data interface necessary for participation in the collaborative. 

Massachusetts

MA S 1238

Referred to House Committee on Ways and Means
10/01/2007

 

Relates to controlling health care costs and improving quality.

The executive office of health and human services shall prepare and implement a plan to make MassHealth and Commonwealth Care leaders in the use of advanced health information technology and electronic health records. The plan shall be developed in consultation with the Massachusetts e-Health Collaborative, the Massachusetts Health Data Consortium, MassPRO, consumer health organizations, consumer privacy organizations, providers and others concerned about health information technology and electronic health records.  The secretary shall file a report detailing the findings, recommendations and implementation plan, along with any legislation needed to implement its recommendations, with the committee on health care financing and the committees on ways and means no later than 6 months after the effective date of this act.

Michigan

MI H 4344

Enacted 10/31/2007

Appropriation bill for the Department of Community Health

Sec. 1763. From the funds appropriated in part 1 for health plan services, Medicaid health plans in southeast Michigan shall participate in a risk adverse, budget-neutral 10-month production pilot with a Michigan-based service provider when an interoperable hub that provides secure aggregation and access to medication history data through the use of an existing, outsourced health information exchange infrastructure has been developed. The infrastructure will provide cross domain single sign-on allowing for realtime, data aggregation across disparate organizations and systems. The pilot project shall include a methodology to identify and measure savings generated by the pilot project. Medicaid health plan payments for the project shall not exceed the savings achieved.

Minnesota

Chapter 148, MN H 548

Enacted 05/25/2007

Establishes a pilot project to provide university and state employees with electronic personal health records; appropriates money.

To demonstrate the feasibility of a statewide health information exchange, this pilot project shall coordinate to the extent possible with other health information consumer engagement initiatives in Minnesota designed to support the goal of statewide health information exchange. The electronic personal health records may provide, but are not limited to, the following:  (1) access to electronic medical records; (2) prescription and appointment information;

 

Chapter 147, MN H 1078

Enacted 05/25/2007

Defines a health information exchange, allows for record locator services, mandates all providers have interoperable electronic medical records by 2015,

Subd. 8. Record locator service.

     (a) A provider or group purchaser may release patient identifying information and information about the location of the patient's health records to a record locator service without consent from the patient, unless the patient has elected to be excluded from the service under paragraph (d). The Department of Health may not access the record locator service or receive data from the record locator service. Only a provider may have access to patient identifying information in a record locator service. Except in the case of a medical emergency, a provider participating in a health information exchange using a record locator service does not have access to patient identifying information and information about the location of the patient's health records unless the patient specifically consents to the access. A consent does not expire but may be revoked by the patient at any time by providing written notice of the revocation to the provider.

     (b) A health information exchange maintaining a record locator service must maintain an audit log of providers accessing information in a record locator service that at least contains information on:

     (1) the identity of the provider accessing the information;

     (2) the identity of the patient whose information was accessed by the provider; and

     (3) the date the information was accessed.
     (c) No group purchaser may in any way require a provider to participate in a record locator service as a condition of payment or participation.

     (d) A provider or an entity operating a record locator service must provide a mechanism under which patients may exclude their identifying information and information about the location of their health records from a record locator service. At a minimum, a consent form that permits a provider to access a record locator service must include a conspicuous check-box option that allows a patient to exclude all of the patient's information from the record locator service. A provider participating in a health information exchange with a record locator service who receives a patient's request to exclude all of the patient's information from the record locator service or to have a specific provider contact excluded from the record locator service is responsible for removing that information from the record locator service.

Mississippi

 

 

 

 

Missouri

MO EO 18

Filed with Secretary of State 03/02/2007

Creates the Healthcare Information Technology Task Force; supports interoperable health information systems and products so long as the exchange of health information includes provisions to protect patient privacy as required by law.

Requires each Missouri state agency that administers or sponsors a state or federal health care program, and their contractors, to  “Support interoperable health information systems and products so long as the maintenance or exchange of health information includes provisions to protect patient privacy as required by law.”

Montana

MT D 683, MT SJR 19

Enacted 04/24/2007

Relates to developing health information technology.

Resolution  supports  “the development of secure and confidential health information technology and health information exchange for the safety and well-being of its residents..the funding of a demonstration project in specific communities throughout the state as developed by the health information task force…and recognize[s] the critical and ongoing efforts of the health information task force and its steering committee.”

Nebraska

 

 

 

 

Nevada

Chapter 423, NV S 536

Enacted 06/13/2007

HIPPA covered entities that transit individually identifiable health information in compliance with HIPPA provisions are exempt from more stringent state laws.  The bill also allows individuals to opt out of electronic transmission of individually identifiable health information with an exceptions for Medicaid and SCHIP patients and when required by HIPPA or state law.

1. If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information…
 2. A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his individually identifiable health information disclosed electronically to other covered entities, except:
     (a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
(b) As otherwise required by a state law.
(c) That a person who is a recipient of Medicaid or insurance pursuant to the Children's Health Insurance Program may not opt out of having his individually identifiable health information disclosed electronically.

New Hampshire

 

 

 

 

New Jersey

NJ A 4044

Passed Assembly in Senate Health, Human Services and Senior Citizens Committee
06/14/2007

Broad HIT  planning measure. Establishes New Jersey Health Information Technology Commission and provides for Statewide health information technology plan.

New Jersey Health Information Technology Promotion Act seeks to “establish… an electronic health information infra-structure through a vehicle that provides for a collaborative planning and implementation strategy and includes the relevant public and private stakeholders in developing and achieving a sustainable model for an electronic health information network for New Jersey.” Creates the New Jersey Health Information Technology Commission.. primary responsibility within State government for the development, implementation, and oversight of the Statewide health information technology plan. The plan shall be designed to establish a secure, integrated, regional electronic health information infrastructure for the sharing of electronic health information among health care facilities, health care professionals, public and private payers, and patients, which complies with all State and federal privacy requirements and links all components of the health care delivery system through secure and appropriate exchanges of health information for the purpose of enhancing health care quality, patient safety, communication of patient information, disease management capabilities, patient and provider satisfaction, clinical and administrative cost reductions, and public health emergency preparedness.

New Mexico

NM H 2

Enacted 03/15/2007

 

Appropriations act partners state with HIE collaborative.

sixty-three thousand dollars ($63,000) for a health information exchange collaborative network… For implementation of electronic medical records to be allocated to the development of the collaborative clinical hub and to expand test clinical sites contingent on a dollar-for-dollar match by the health information exchange collaborative.

 

NM S 539/ NM H 896

Pending - 01/25/2007

Makes an appropriation for a health information exchange collaborative network.

Appropriates $2,400,000 from the general fund to contract with a nonprofit organization to complete the implementation of a health information exchange collaborative network in Bernalillo and Taos counties, expand the HIE network to serve rural and underserved communities outside these counties, expand the health information exchange network to enhance existing telehealth services and expand the health information exchange network to facilitate the department of health's disease reporting and communication with physicians.

 

 

 

 

 

New York

NY S 4679

Pending - Senate Health Committee

AN ACT to amend the public health law, in relation to enacting the "Health E-Links New York Act"; and to amend the state technology law, in relation to making certain conforming changes

Section 1002. Health Information Exchange and Technology Initiatives. Notwithstanding any other provision of law not included in this article, the Department shall be the lead agency for all health information exchange and technology initiatives.

Section 1003. Office of Health e-links New York.

There is hereby established within the Department, the Office of Health e-Links New York.  Such office shall be headed by the State Coordinator who shall be appointed by the commissioner for a term of five years.  The state coordinator shall report directly to the commissioner.

North Carolina

 

 

 

 

North Dakota

 

 

 

 

Ohio

 

 

 

 

Oklahoma

OK H 1818

Pending - Carryover

Creates Task Force on Health Care Information Technology.

Creates task force, to include one member from a regional health information organization..

H. The Task Force shall study and make recommendations regarding: 1. Strategies for reducing health care costs by decreasing the redundancy of health care services; 2. Strategies for the implementation of sharing health data among health care providers and other appropriate entities; 3. Strategies for ensuring patient confidentiality and privacy; 4. The minimum standards of interoperability; 5. The recommendations for the development of a regional health information organization; and

6. Funding sources to implement the recommendations.

Oregon

 

 

 

 

Pennsylvania

 

 

 

 

Rhode Island

RI S 1085

Enacted 06/21/2007

Resolution enduring the adoption of HIT

RESOLVED, That this General Assembly hereby endorses health care providers' ongoing effort to implement and utilize to maximum capability electronic health records for their patients, including all appropriate electronic health information exchange systems that will improve the quality, safety and value of health care delivery in Rhode Island by facilitating the secure, confidential and appropriate flow of health care information between health care providers and consumer access to their own health information; and be it further

 

RI H 6125

Enacted 10/30/07

Amends the Rhode Island Coordinated Health Planning Act of 2006 to include a health care planning and accountability advisory council that will develop and promote recommendations on to reform the health care systems including the state’s health care delivery and financing system.

23-81-4.Powers of the health care planning and accountability advisory council. -- Powers of the council shall include, but not belimited to the following:

     (a) The authority to develop and promote studies, advisory opinions and a unified health plan on the state's health care delivery and financing system, including but not limited to:…

     (5) Plans for promoting the appropriate role of technology in improving the availability of health information across the health care system, while promoting practices that ensure the confidentiality and security of health records; and

South Carolina

 

 

 

 

South Dakota

 

 

 

 

Tennessee

SB 2268

Enacted 06/06/2007

Prohibits state contracts for the development or purchase of HIT with other states and federal agencies without the plans for such a purchase receiving initial approval from the Commissioner of Finance and Administration

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 until the initial plans for such procurement have been submitted to and approved by the Commissioner of Finance and Administration.

Texas

TX H 1066

Enacted 06/15/2007

Comprehensive HIE legislation, creates state HIE. Relates to electronic health information, electronic health records; creates the Texas Health Service Authority Corporation.

Creates the Texas Health Service Authority Corporation  

(a) The Texas Health Services Authority Corporation is created to promote the establishment of a privacy-protected and secure, integrated statewide network for the communication of electronic health information among authorized parties and to foster a coordinated public-private initiative for the development and operation of the health information infrastructure in this state. ...(a) The corporation shall assist in the development of a statewide, integrated electronic health information network as a public-private partnership among the state's providers, payers, consumers, employers, public health officials, medical researchers, and other health care stakeholders.

(b) The corporation shall develop, implement, and periodically update a plan and performance standards for the operation of a statewide, integrated electronic health information network. The corporation may implement the plan for a statewide, integrated electronic health information network in phases or by using pilot projects or a regional approach.

The measure specifies roles for the THSAC in establishing and operating a statewide integrated network, conducting pilot and demonstration projects, supporting local and regional HI networks, establishing and promulgating privacy standards, and describes funding.

 

TX H 2811

Pending - 03/07/2007

Includes HIT in pilot programs to provide for regional systems of indigent health care.

Includes funding for HIE as part of indigent care network.

….(3) use health care information technology infrastructure to improve access to and quality of care and efficiencies in the indigent health care system; (4) participate in a health information exchange that includes the uninsured, if available;

…(2) matching dollars for expenditures for additional services provided through the pilot program or expansion of indigent health care eligibility as described by Section 2(c);

(3) funding for health information technology infrastructure, including infrastructure for participation in a health information exchange;  

 

TX S 40

 

Pending - 01/09/2007

HIE policy and planning legislation

 

Creates the electronic health information coordinating committee to advise  the department and the governor on electronic health information.

The committee shall (2) consult with advisory groups to explore policy changes that would increase the adoption of electronic health records systems; (3) consult with organizations in this state that are focused on the adoption of health information technology; (4) serve as a liaison with federal agencies concerning electronic health information exchange; and

(5) provide recommendations concerning the design and implementation of the electronic health information exchange framework for regional stakeholders in the state, including recommendations concerning: (A) technology and data standards; (B) privacy and confidentiality protocols;  (D) coordination of state agency health information technology

activities; (E) coordination and collaboration of regional health information technology and health information exchange initiatives; (F) administration of designated statewide funds for health information technology and health information exchange;  (G) promotion of regional health information exchanges;  (H) education about national technical and privacy standards; (J) a plan, developed in consultation with other health information technology and health information exchange resources, to educate affected persons about electronic health information exchange.

Act also relates to the duties of the department, allows it to  issue grants, and requires it to “develop interoperable health information technology and health information exchange systems to permit sharing of health information among state agencies.”

 

TX S 204

Enacted 06/15/07

The bill requires vendors that sell electronic medical record systems to Texas health care providers to include automatic uploading and downloading capabilities for the fields necessary to populate the state immunization registry.

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 apart of the EMR package or system, the ability to: electronically interface with the immunization registry created under this subchapter; generate electronic reports that contain the fields necessary to populate the immunization registry.

 

TX H 921

Enacted 06/15/2007

 

The bill establishes an interagency information sharing pilot program and creates the Texas Health Care Policy Council (council). This bill requires the council, in consultation with the Department of Information Resources, to develop standards for the secure electronic sharing of information between participating agencies. This pilot program expires September 1, 2013.

Sec.A113.052. DEVELOPMENT OF INFORMATION SHARING STANDARDS; PUBLICATION. (a) The council, in consultation with the Department of Information Resources, shall develop standards for the secure sharing of information electronically among participating agencies.

(b)The data sharing standards developed by the council under this section must:

(1)require a participating agency to comply with any federal or state law relating to the security and confidentiality of the information maintained or received by the agency;

(2)ensure the security of personally identifiable information and the protection of personally identifiable information from inappropriate release; and

(3)include strategies for sharing information and procedures for transferring information.

 

TX H 522

Enacted 5/25/07

Establishes an advisory committee on HIE; establishes an identification card pilot project program

Allows the commissioner to establish rules to require health plans to enable providers at the point of service to be able to access plan eligibility and benefits information.

Utah

 

 

 

 

Vermont

VT H 229

Enacted 06/05/2007

Makes corrections and clarifications to the 2006 Health Care Affordability Act and related legislation, to facilitate the development of a statewide health information technology plan.

Adds a section 903. HEALTH INFORMATION TECHNOLOGY, specifying that…

The commissioner shall facilitate the development of a statewide health information technology plan that includes the implementation of an integrated electronic health information infrastructure for the sharing of electronic health information among health care facilities, health care professionals, public and private payers, and patients. The plan shall include standards and protocols designed to promote patient education, patient privacy, physician best practices, electronic connectivity to health care privacy, physician best practices, electronic connectivity to health care data, and, overall, a more efficient and less costly means of delivering quality health care in Vermont.  

Virginia

Chapter 847, VA H 1650

Enacted 04/04/2007

Appropriates public revenues

311 Z.1. Out of this appropriation, $4,698,113 the second year from nongeneral funds shall be used to develop and implement a system of electronic medical records, including any necessary system upgrades, for individuals receiving services at state mental health and mental retardation facilities. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall collaborate with the Secretary of Technology to pursue a multi-source procurement. Any agreement signed by the department for health information technology or a health information technology system for the retrieval, storage, or exchange of health information shall be consistent with federal standards for the electronic exchange of health information and include a provision to ensure interoperability.

 

Chapter 635, VA H 2198

Enacted 03/20/2007

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

Chapter 259, WA S 5930

Enacted 05/02/2007

Provides high quality, affordable health care to residents based on the recommendations of the blue ribbon commission on health care costs and access.  Creates health record banks.

Incorporates HIT into various aspects of a quality-focused health system.  Creates health record banks.

(1) The administrator shall design and pilot a consumer-centric health information infrastructure and the first health record banks that will facilitate the secure exchange of health information when and where needed and shall: (a) Complete the plan of initial implementation, including but not limited to determining the technical infrastructure for health record banks and the (d) Promote adoption of electronic medical records and health information exchange through continuation of the Washington health information collaborative, and by working with private payors and other organizations in restructuring reimbursement to provide incentives for providers to adopt electronic medical records in their practices.

(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 … (c) Coordinate a strategy for the adoption of health information technology systems...

 

Chapter 2007-522, WA H 1128

Enacted 05/15/2007

Makes appropriations for 2007-2009

(4) $1,012,000 of the general fund -- state appropriation for fiscal year 2008 and $338,000 of the general fund -- state appropriation for fiscal year 2009 are provided solely for an evaluation of the information technology infrastructure capacity for institutions operated by the department of social and health services, department of veterans affairs, and department of corrections. The evaluation will detail the status of the participating institutions' infrastructure and recommend an improvement strategy that includes the use of electronic medical records. The department shall report back to the appropriate committees of the legislature on its findings by January 1, 2009.

West Virginia

 

 

 

 

Wyoming

WY H 320

Engrossed 02/07/2007

Calls for the health department to designate a RHIO and contract with it to develop a pilot electronic health records program.

AN ACT relating to public health and safety; providing for an electronic health records pilot program; providing for the designation of a regional health information organization; providing for contracting with the regional health information organization for development of a system of electronic health records; providing priorities in system development; providing protections for patient privacy; establishing a crime for misuse of electronic health records as specified; providing an appropriation;

(a) The department shall designate an organization as the RHIO for purposes of a pilot electronic health records program for the state of Wyoming.

Prepared by National Conference of State Legislatures for submission under Contract with the National Governors Association Center for Best Practices.  The preparation of this chart was financed in part by funds provided by the United States Department of Health and Human Services E-Health Alliance Initiative.  Prepared April 2, 2007.   Updated 10/31/2007.

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