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CRITICAL ROLES for STATE LEGISLATURES in HEALTH IT ACTIVITIES RELATED to Health Information Exchanges
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March 19, 2007
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Part of larger health care vision
| Vermont – “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” |
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Comprehensive HIT/HIE legislation
| Nevada -- “creates a Steering Committee for e-Health which is required to establish a plan for the develop-ment of health information technology and health information exchange in this State including …(a) Recommendations for a permanent governing body to supervise the development of health information technology and health information exchange in this State, and the implementation of the plan..” |
| MN –“ 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.” |
| Texas – “(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. “ |
| Tennessee -- “…to create health information exchange networks, any such network shall be statewide in scope. All urban and rural areas of the state shall have access to such networks and all counties of the state shall be able to participate in the networks.. the state may not make any grant to any entity for the development of health information networks that does not provide access to such networks by rural counties of the state.” |
- Support local and regional activity
| New Mexico -- “Appropriates $... 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. |
| Colorado – “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“ |
| Maryland – “4) Establish criteria and mechanisms for funding a REGIONAL HEALTH DATA EXCHANGE … (a) (1) The Health Services Cost Review Commission shall provide funding through hospital rates of $10,000,000 each year to establish a regional health data exchange ...(2) … awarded for a 3-year period, beginning in fiscal year 2008.” |
| Illinois– “ILHIN may determine, charge, and collect and fees from any person or provider that uses the ILHIN." |
| Texas – “The corporation shall develop and annual budget that includes funding from public and private entities, including user fees.” |
| Vermont – “By July 1, 2007, shall prepare a plan for achieving self-sustainable funding, including an analysis of the costs, benefits, and effectiveness of any pilot projects. .. VITL is authorized to seek matching funds, and it may accept any and all donations, gifts, and grants of money, equipment, and services from the federal or any local government, or agency thereof. |
- Bonding and revolving loan funds
| Connecticut – “(b)… shall establish and implement a loan program… 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 |
| Maine -- 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. |
| Washington - “(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.” |
| Illinois -- “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)… 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.” |
| Connecticut – “(c) The Connecticut Health Information Network shall develop a framework for creating the Connecticut Community Health Data and Information Portal, which shall be capable of providing (1) access to public use datasets containing information maintained by state agencies and other nongovernmental entities on the health of Connecticut residents, and (2) a platform to query the network to obtain aggregate data on key health indicators within the state.” |
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Set Standards
- Defines applicability of record laws to record locator services
| Minnesota – “(i) … "Record locator service" means an electronic index of patient identifying information that directs participants in a health information exchange to the location of patient health records held by providers and group purchasers. Subd. 7. Exception to consent. Subdivision 2 does not apply to the release of health records to the commissioner of health or the Health Data Institute under chapter 62J, provided that the commissioner encrypts the patient identifier upon receipt of the data. Except in the case of a medical emergency, a provider participating in a health information exchange using a record locator service cannot access patient identifying information and information about the location of the patient's health records until the patient has provided consent..” |
| Connecticut – “(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…(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;” |
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