1.1 	A bill for an act
1.2 	relating to health; changing provisions in electronic health records;amending 
1.3 	Minnesota Statutes 2014, section 62J.495, subdivisions 1, 2, 3, 4, 5.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2014, section 62J.495, subdivision 1, is amended to read:
1.6 		Subdivision 1.Implementation. By January 1, 2015, all Hospitals and health care 
1.7 	providers must have in place may use an interoperable electronic health records system 
1.8 	within their hospital system or clinical practice setting. The commissioner of health, in 
1.9 	consultation with the e-Health Advisory Committee, shall develop a statewide plan to 
1.10 	meet this goal, including uniform standards to be used for the interoperable system for 
1.11 	sharing and synchronizing patient data across systems. The standards must be compatible 
1.12 	with federal efforts. The uniform standards must be developed by January 1, 2009, and 
1.13 	updated on an ongoing basis. The commissioner shall include an update on standards 
1.14 	development as part of an annual report to the legislature.

1.15 	Sec. 2. Minnesota Statutes 2014, section 62J.495, subdivision 2, is amended to read:
1.16 		Subd. 2.E-Health Advisory Committee. (a) The commissioner shall establish an 
1.17 	e-Health Advisory Committee governed by section 15.059 to advise the commissioner 
1.18 	on the following matters:
1.19 	(1) assessment of the adoption and effective use of health information technology by 
1.20 	the state, licensed health care providers and facilities, and local public health agencies;
1.21 	(2) recommendations for implementing a statewide interoperable health information 
1.22 	infrastructure, to include estimates of necessary resources, and for determining standards 
2.1 	for clinical data exchange, clinical support programs, patient privacy requirements, and 
2.2 	maintenance of the security and confidentiality of individual patient data;
2.3 	(3) recommendations for encouraging use of innovative health care applications 
2.4 	using information technology and systems to improve patient care and reduce the cost 
2.5 	of care, including applications relating to disease management and personal health 
2.6 	management that enable remote monitoring of patients' conditions, especially those with 
2.7 	chronic conditions; and
2.8 	(4) other related issues as requested by the commissioner.
2.9 	(b) The members of the e-Health Advisory Committee shall include the 
2.10 	commissioners, or commissioners' designees, of health, human services, administration, 
2.11 	and commerce and additional members to be appointed by the commissioner to include 
2.12 	persons representing Minnesota's local public health agencies, licensed hospitals and other 
2.13 	licensed facilities and providers, private purchasers, the medical and nursing professions, 
2.14 	health insurers and health plans, the state quality improvement organization, academic and 
2.15 	research institutions, consumer advisory organizations with an interest and expertise in 
2.16 	health information technology, and other stakeholders as identified by the commissioner to 
2.17 	fulfill the requirements of section 3013, paragraph (g), of the HITECH Act.
2.18 	(c) The commissioner shall prepare and issue an annual report not later than January 
2.19 	30 of each year outlining progress to date in implementing a statewide health information 
2.20 	infrastructure and recommending action on policy and necessary resources to continue the 
2.21 	promotion of adoption and effective use of health information technology.
2.22 	(d) This subdivision expires June 30, 2015.

2.23 	Sec. 3. Minnesota Statutes 2014, section 62J.495, subdivision 3, is amended to read:
2.24 		Subd. 3.Interoperable electronic health record requirements. To meet 
2.25 	the requirements of subdivision 1, hospitals and health care providers must meet the 
2.26 	following criteria when implementing If a hospital or health care provider implements
2.27 	an interoperable electronic health records system within their hospital system or clinical 
2.28 	practice setting, the following criteria apply.
2.29 	(a) The electronic health record must be a qualified electronic health record.
2.30 	(b) The electronic health record must be certified by the Office of the National 
2.31 	Coordinator pursuant to the HITECH Act. This criterion only applies to hospitals and 
2.32 	health care providers if a certified electronic health record product for the provider's 
2.33 	particular practice setting is available. This criterion shall be considered met if a hospital 
2.34 	or health care provider is using an electronic health records system that has been certified 
3.1 	within the last three years, even if a more current version of the system has been certified 
3.2 	within the three-year period.
3.3 	(c) The electronic health record must meet the standards established according to 
3.4 	section 3004 of the HITECH Act as applicable.
3.5 	(d) The electronic health record must have the ability to generate information on 
3.6 	clinical quality measures and other measures reported under sections 4101, 4102, and 
3.7 	4201 of the HITECH Act.
3.8 	(e) The electronic health record system mustmay be connected to a state-certified 
3.9 	health information organization either directly or through a connection facilitated by a 
3.10 	state-certified health data intermediary as defined in section 62J.498.
3.11 	(f) A health care provider who is a prescriber or dispenser of legend drugs must have 
3.12 	an electronic health record system that meets the requirements of section 62J.497.

3.13 	Sec. 4. Minnesota Statutes 2014, section 62J.495, subdivision 4, is amended to read:
3.14 		Subd. 4.Coordination with national HIT activities. (a) The commissioner, 
3.15 	in consultation with the e-Health Advisory Committee, shall update the statewide 
3.16 	implementation plan required under subdivision 2 and released June 2008, to be consistent 
3.17 	with the updated Federal HIT Strategic Plan released by the Office of the National 
3.18 	Coordinator in accordance with section 3001 of the HITECH Act. The statewide plan 
3.19 	shall meet the requirements for a plan required under section 3013 of the HITECH Act.
3.20 	(b) The commissioner, in consultation with the e-Health Advisory Committee, 
3.21 	shall work to ensure coordination between state, regional, and national efforts to support 
3.22 	and accelerate efforts to effectively use health information technology to improve the 
3.23 	quality and coordination of health care and the continuity of patient care among health 
3.24 	care providers, to reduce medical errors, to improve population health, to reduce health 
3.25 	disparities, and to reduce chronic disease. The commissioner's coordination efforts shall 
3.26 	include but not be limited to:
3.27 	(1) assisting in the development and support of health information technology 
3.28 	regional extension centers established under section 3012(c) of the HITECH Act to 
3.29 	provide technical assistance and disseminate best practices; and
3.30 	(2) providing supplemental information to the best practices gathered by regional 
3.31 	centers to ensure that the information is relayed in a meaningful way to the Minnesota 
3.32 	health care community.
3.33 	(c) (b) The commissioner, in consultation with the e-Health Advisory Committee, 
3.34 	shall monitor national activity related to health information technology and shall 
3.35 	coordinate statewide input on policy development. The commissioner shall coordinate 
4.1 	statewide responses to proposed federal health information technology regulations in 
4.2 	order to ensure that the needs of the Minnesota health care community are adequately 
4.3 	and efficiently addressed in the proposed regulations. The commissioner's responses 
4.4 	may include, but are not limited to:
4.5 	(1) reviewing and evaluating any standard, implementation specification, or 
4.6 	certification criteria proposed by the national HIT standards committee;
4.7 	(2) reviewing and evaluating policy proposed by the national HIT policy committee 
4.8 	relating to the implementation of a nationwide health information technology infrastructure;
4.9 	(3) monitoring and responding to activity related to the development of quality 
4.10 	measures and other measures as required by section 4101 of the HITECH Act. Any 
4.11 	response related to quality measures shall consider and address the quality efforts required 
4.12 	under chapter 62U; and
4.13 	(4) monitoring and responding to national activity related to privacy, security, and 
4.14 	data stewardship of electronic health information and individually identifiable health 
4.15 	information.
4.16 	(d) (c) To the extent that the state is either required or allowed to apply, or designate 
4.17 	an entity to apply for or carry out activities and programs under section 3013 of the 
4.18 	HITECH Act, the commissioner of health, in consultation with the e-Health Advisory 
4.19 	Committee and the commissioner of human services, shall be the lead applicant or sole 
4.20 	designating authority. The commissioner shall make such designations consistent with the 
4.21 	goals and objectives of sections 62J.495 to 62J.497 and 62J.50 to 62J.61.
4.22 	(e) (d) The commissioner of human services shall apply for funding necessary to 
4.23 	administer the incentive payments to providers authorized under title IV of the American 
4.24 	Recovery and Reinvestment Act.
4.25 	(f) (e) The commissioner shall include in the report to the legislature information 
4.26 	on the activities of this subdivision and provide recommendations on any relevant policy 
4.27 	changes that should be considered in Minnesota.

4.28 	Sec. 5. Minnesota Statutes 2014, section 62J.495, subdivision 5, is amended to read:
4.29 		Subd. 5.Collection of data for assessment and eligibility determination. (a) The 
4.30 	commissioner of health, in consultation with the commissioner of human services, may 
4.31 	require request providers, dispensers, group purchasers, and pharmaceutical electronic 
4.32 	data intermediaries to submit data in a form and manner specified by the commissioner 
4.33 	to assess the status of adoption, effective use, and interoperability of electronic health 
4.34 	records for the purpose of:
5.1 	(1) demonstrating Minnesota's progress on goals established by the Office of the 
5.2 	National Coordinator to accelerate the adoption and effective use of health information 
5.3 	technology established under the HITECH Act;
5.4 	(2) assisting the Center for Medicare and Medicaid Services and the Department 
5.5 	of Human Services in determining eligibility of health care professionals and hospitals 
5.6 	to receive federal incentives for the adoption and effective use of health information 
5.7 	technology under the HITECH Act or other federal incentive programs;
5.8 	(3) assisting the Office of the National Coordinator in completing required 
5.9 	assessments of the impact of the implementation and effective use of health information 
5.10 	technology in achieving goals identified in the national strategic plan, and completing 
5.11 	studies required by the HITECH Act;
5.12 	(4) providing the data necessary to assist the Office of the National Coordinator in 
5.13 	conducting evaluations of regional extension centers as required by the HITECH Act; and
5.14 	(5) other purposes as necessary to support the implementation of the HITECH Act.
5.15 	(b) The commissioner shall coordinate with the commissioner of human services 
5.16 	and other state agencies in the collection of data required under this section to:
5.17 	(1) avoid duplicative reporting requirements;
5.18 	(2) maximize efficiencies in the development of reports on state activities as 
5.19 	required by HITECH; and
5.20 	(3) determine health professional and hospital eligibility for incentives available 
5.21 	under the HITECH Act.
5.22 	(c) The commissioner must not collect data or publish analyses that identify, or could 
5.23 	potentially identify, individual patients. The commissioner must not collect individual 
5.24 	patient data in identified or de-identified form.