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Major Health Information Exchange Legislation, 2007 Comparison of Five State Proposals

Florida, Illinois, Indiana, Texas, Vermont

 

 

NCSL: Health Information Technology Champions (HITCh)

Elements and Issue

Florida

Florida Health Information Network Corporation

Illinois

Illinois Health Information Network

Indiana

Indiana Health Informatics Corporation

Texas

Texas Health Services Authority Corporation

Vermont

Vermont Information Technology Leaders

Bill

2007 FL H 1121

2007 IL H 1254

2007 IN S 551

2007 TX H 1066

2007 VT H 229

Project’s role within state HIT activities

Section 2 Will create a 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.

Section 5 (b)(1) To establish a state-level health information exchange to facilitate the sharing of health information among health care providers within Illinois and beyond in other states.

Section 1 (a) Will develop a statewide system for the electronic exchange of health care information, carried out by a Corporation. Corporation will expire on June 30, 2015.

Section 182.051 (a) Created to promote the establishment of a statewide network for the communication of electronic health information and to foster a coordinated public-private initiative for the development and operation of the health information infrastructure in the state. May implement the plan in phases or by using pilot projects or a regional approach.  The corporation will expire Sept. 1, 2019. 

Amends the scope of work of the Vermont Information Technology Leaders, a nonprofit organization incorporated in 2005.  Section 903 (a) Operate the statewide health information exchange network and an integrated electronic health information infrastructure.  Shall implement the plan by using pilot projects.

Lead agency

Agency for Health Care Administration

Department of Public Health

 

 

Agency of Human Services

Governance

Section 5 All meetings and records of the Corporation will be public. Section 4 (a) It will be managed by a board of directors with 15 members.

Section 5 (c) ILHIN will be governed by a board of directors, with the rights, titles, powers, privileges, and obligations provided to not for profit corporations.  Section 15 (a) ILHIN shall be comprised of 31 members.

Chapter 4 Section 1 The corporation shall be governed by a board with 7 members.

Section 182.053 The corporation is governed by a board of 15 directors appointed by the governor.  Section 182.059 The corporation shall make biennial reports to the legislature and Governor’s office.

Section 903 (a)(8) VITL, a broad-based health information technology advisory group.

Roles of stakeholders:

Providers

Section 6 (a)(5)(e) Will be charged user fees.  Section 4 (a)(4) Representatives may be appointed to the Board of Directors.

Section 10(a) Patient electronic health records are stored, maintained, and updated by the treating health care provider…  Section 10 (j) ILHIN shall coordinate with the Illinois Department of Public Health with respect to the Governor’s 2006 Executive Order 8 that encourages all health care providers to use electronic prescribing programs by 2011.

Chapter 4 Section 2 Representatives may be appointed to the board.  Section 6 (a) The board may create any advisory panels that the board considers useful… attentive to the interests of physicians.

Section 182.053 A physician representative shall be appointed to the Board of Directors.  Section 182.104 Will be charged user fees. 

 

Consumers

Section 6 (a)(5)(c) Promote increased consumer access to consumer health records.  Section 4 (a)(4) Representatives may be appointed to the Board of Directors.

Section 10 (a) Access to key health data is provided to other providers, with patient consent if the patient is able to give consent.  Section 15 (a) Three consumer representatives shall be appointed to the Board of Directors.

Section 6 (a) The board may create any advisory panels that the board considers useful… attentive to the interests of consumers.

Section 182.053 A consumer representative shall be appointed to the Board of Directors.  Section 182.101 (c)(5) Provide consumer access to information on price and quality of health care goods and services, and health insurance products.

 

Business

Section 4 (a)(4) Representatives may be appointed to the Board of Directors.

Section 15 (a) Representatives for payers and employers in the State shall be appointed to the Board of Directors.

Chapter 6 Section 6 The Corporation shall educate business leaders about the existence and benefits of the statewide health information exchange systems.

Section 182.053 Employer representatives shall be appointed to the Board of Directors.

Section 903 (a)(8) Representatives may be appointed to VITL.

Areas of regulation:

Privacy/Security

Section 6 (a)(5)(i) Corporation will develop and enforce privacy and security standards for the network, including uniform policies and procedures regarding the confidentiality of medical records, authorization requirements for health information exchange within the network, and technical standards for secure data transmission and storage within the network.

Section 10 (a) ILHIN shall plan for the creation… through secure interoperable record locator technology.

Chapter 6 Section 1 (3)(b) The corporation shall monitor the ongoing security of the health information exchange system.  Chapter 6 Section 3 The corporation must ensure the following: Compliance with HIPAA; protection of information privacy.

Section 182.051 (e) Health record information collected, assembled, or maintained by the corporation is confidential and is not subject to disclosure.  Section 182.103 The corporation shall develop privacy, security, operational, and technical standards. 

Section 903 (a)(8)(c) Objectives include ensuring patient data confidentiality at all times.

Standards

Section 6 (a)(5)(j) Ensure the technological standards of the network are in alignment with widely adopted standards or standards accepted by a recognized organization that establishes national standards for electronic information networks.

Section 10 (b) ILHIN shall establish minimum standards for accessing the state-level health information exchange by health care providers and researchers…  ILHIN shall have the authority to suspend or terminate rights to participate in the health information exchange in case of non-compliance or failure to act, with respect to applicable standards.  Section 20 (a) By no later than January 1, 2015, each State agency… shall use health information technology systems and products that meet minimum standards.

Chapter 6 Section 6 (a) Encourage users of the health information exchange system to develop and adopt standards for the system.

Section 182.101 (c)(3) Identify, adopt, and promote the use of standards for interoperability and be compatible with any national data standards in order to allow for interstate interoperability.  The network’s standards shall be guided by reference to the Certification Commission for Healthcare Information Technology (CCHIT).

Section 903 (b)(3) Promote the use of national standards for the development of an interoperable system.  Section 903 (a)(8)(f) The standards and protocols developed by VITL shall be no less stringent then those established by HIPAA.

Public Health

Section 6 (a)(5)(c) Regularly assess the adoption of EHR systems and utilization of the network by public health officers.

Section 10 (d) ILHIN shall educate the public on the benefits of electronic health records and personal health records. Section 10 (h) The Illinois Depart of Public Health may authorize ILHIN to collect de-identified data from health care providers in a central repository for public health purposes.

 

 

 

Other state programs

 

Section 10 (c) To address gaps in statewide implementation, ILHIN may, through staff or consultant support, contracts, grants, or loans, offer technical assistance, training, and financial assistance, as available and in accordance with federal law… with priority given to providers serving a significant percentage of uninsured patients and patients in medically underserved or rural areas.

Chapter 6 Section 1 The vision for statewide health information exchange includes public health agencies and federal and state health payers.

Section 182.107  Each state agency or program collecting health data shall comply with the data standards for interoperability adopted by the corporation.

Section 903 (a)(7) Integrate the information technology components of the Medicaid management information systems being developed by the office of Vermont health access.  Section 903 (a)(8)(k) The commissioner shall collaborate with other state programs about grants and loans for the capitalization of EMR systems at primary care practices.

Funding

Section 6 (e) Develop an annual budget that includes funding from public and private entities, including user fees.  Section 9 The Corporation must seek funding through public and private entities to accomplish its goals and duties.

Section 5 (d) Subject to the availability of public and private funds, the board of directors may employ… to fix their compensation, benefits, terms…  Section 10 (c) To address gaps in statewide implementation, ILHIN may…offer technical assistance, training, and financial assistance, as available and in accordance with federal law…   Section 10 (f) ILHIN may solicit grants, loans, contributions, or appropriations from public or private sources… No debt or obligation of ILHIN shall become the debt or obligation of the State.  Section 10 (g) ILHIN may determine, charge, and collect any fees from any person or provider that uses the ILHIN.  Section 20 (b) The Department of Public Health is authorized to transfer or license the assets of a State pilot program known as the Illinois Health Network to ILHIN.

Section 11 The corporation may request appropriations from the general assembly.  Section 12 Establishes a state fund for the corporation.  Section 13 (a) The board may establish a nonprofit subsidiary corporation to solicit and accept private sector funding.  Section 15 The corporation may make grants, loans, and loan guarantees.    

Section 182.051 (c) All expenses of the corporation shall be paid from the income of the corporation.  Section 182.064 The corporation may participate in a revenue-generating activity.  Section 182.101 (c)(1) Administer programs providing financial incentives, including grants and loans.  Section 182.104 The corporation shall develop and annual budget that includes funding from public and private entities, including user fees.

Section 903 (a)(4) Propose strategic investments in equipment and other infrastructure elements.  Section 903 (a)(8)(g) 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.  Section 903 (a)(8)(k) The commissioner shall establish a loan and grant program.

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