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Executive Summary
2007 State Legislation on Electronic Health Records and Personal Health Records

February 2007

State legislative proposals related to electronic medical records, health records, and personal health records use the full array of policy tools.  Pending legislation as of 02/22/2007 mentions the issue in the following contexts:

 

*Part of Larger Health Care Vision


California – Among other things, “It is the intent of the Legislature to enact legislation to accomplish the following:

(a) Provide universal health care coverage to all Californians, regardless of age, income, employment, or health status… (e) Establish electronic health records and personal health records that are compatible across systems on a statewide basis.”



*Leverage Current State Purchasing

  • State Purchasing/Contracting Requirement or Incentive


Washington - ) “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:

Facilitate diagnosis or treatment;
(II) Reduce unnecessary duplication of medical tests.”

  • Purchase Service for Medicaid


Florida – “The agency shall contract with an entity to design a database of clinical utilization information or electronic medical records for Medicaid providers.”

 

*New financing

  • HIT Pilot Fund

 

Missouri – “There is hereby created in the state treasury the "Healthcare Technology Fund"… Subject to the recommendations of the Missouri healthcare information technology commission under section 191.995 and subsection 1 of this section, moneys in the fund shall be used to promote technological advances… including, but not limited to, the following:

     (1) Electronic medical records;

     (2) Community health records;

     (3) Personal health records.”

  • Grants and Loans to Primary Care Physicians

 

Vermont -- “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.

  • Fund Safety Net HIT

 

New Mexico –“ Makes an appropriation to the Department of Health to implement electronic patient health records at primary care clinics.”

  • Tax Credits


West Virginia - “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 technology.”

 

*Build Infrastructure

  • Study, Steering Committee or Advisory Body

 

Colorado – 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…”

 

Texas – Sets up an electronic health information coordinating committee, which 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.”

  • Clearinghouse or Repository

 

Georgia - “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.”

  • Federated Model

 

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.”

 

*Set Standards

  • Mandate

 

Connecticut – “Statement of Purpose: An Act requiring electronic medical records.”

  • Require Interoperability


Texas – “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”.”

 

Minnesota - “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.”

 

*Public-Private Integration

  • Public-Private Advisors


Texas – The electronic health information coordinating committee shall, “Consist of 11 members appointed by the governor and must include physicians, patients, and representatives of hospitals, health plans, pharmacies, and clinical laboratories… Provide recommendations concerning technology and data standards; coordination of state agency health information technology activities; coordination and collaboration of regional health information technology and health information exchange initiatives; administration of designated statewide funds for health information technology and health information exchange; promotion of regional health information exchanges.”

  • Delegate Authority


Wyoming – ““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”


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