Minnesota Legislature
HF 1559
as introduced - 89th Legislature (2015 - 2016) Posted on 03/26/2015 06:19pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/09/2015 |
Current Version - as introduced
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A bill for an act
relating to health; changing provisions in electronic health records; amending
Minnesota Statutes 2014, section 62J.495, subdivisions 1, 2, 3, 4, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 62J.495, subdivision 1, is amended to read:
Subdivision 1.
Implementation.
deleted text begin By January 1, 2015, alldeleted text end Hospitals and health care
providers deleted text begin must have in placedeleted text end new text begin may usenew text end an interoperable electronic health records system
within their hospital system or clinical practice setting. The commissioner of health, in
consultation with the e-Health Advisory Committee, shall develop deleted text begin a statewide plan to
meet this goal, includingdeleted text end uniform standards to be used for the interoperable system for
sharing and synchronizing patient data across systems. The standards must be compatible
with federal efforts. The uniform standards must be developed by January 1, 2009, and
updated on an ongoing basis. The commissioner shall include an update on standards
development as part of an annual report to the legislature.
Sec. 2.
Minnesota Statutes 2014, section 62J.495, subdivision 2, is amended to read:
Subd. 2.
E-Health Advisory Committee.
(a) The commissioner shall establish an
e-Health Advisory Committee governed by section 15.059 to advise the commissioner
on the following matters:
(1) deleted text begin assessment of the adoption anddeleted text end effective use of health information technology by
the state, licensed health care providers and facilities, and local public health agencies;
(2) recommendations for implementing a statewide interoperable health information
infrastructure, to include estimates of necessary resources, and for determining standards
for clinical data exchange, clinical support programs, patient privacy requirements, and
maintenance of the security and confidentiality of individual patient data;
(3) recommendations for encouraging use of innovative health care applications
using information technology and systems to improve patient care and reduce the cost
of care, including applications relating to disease management and personal health
management that enable remote monitoring of patients' conditions, especially those with
chronic conditions; and
(4) other related issues as requested by the commissioner.
(b) The members of the e-Health Advisory Committee shall include the
commissioners, or commissioners' designees, of health, human services, administration,
and commerce and additional members to be appointed by the commissioner to include
persons representing Minnesota's local public health agencies, licensed hospitals and other
licensed facilities and providers, private purchasers, the medical and nursing professions,
health insurers and health plans, the state quality improvement organization, academic and
research institutions, consumer advisory organizations with an interest and expertise in
health information technology, and other stakeholders as identified by the commissioner to
fulfill the requirements of section 3013, paragraph (g), of the HITECH Act.
(c) The commissioner shall prepare and issue an annual report not later than January
30 of each year outlining progress to date in implementing a statewide health information
infrastructure and recommending action on policy and necessary resources to continue the
promotion of adoption and effective use of health information technology.
(d) This subdivision expires June 30, 2015.
Sec. 3.
Minnesota Statutes 2014, section 62J.495, subdivision 3, is amended to read:
Subd. 3.
Interoperable electronic health record requirements.
deleted text begin To meet
the requirements of subdivision 1, hospitals and health care providers must meet the
following criteria when implementingdeleted text end new text begin If a hospital or health care provider implementsnew text end
an interoperable electronic health records system within their hospital system or clinical
practice settingnew text begin , the following criteria applynew text end .
(a) The electronic health record must be a qualified electronic health record.
(b) The electronic health record must be certified by the Office of the National
Coordinator pursuant to the HITECH Act. This criterion only applies to hospitals and
health care providers if a certified electronic health record product for the provider's
particular practice setting is available. This criterion shall be considered met if a hospital
or health care provider is using an electronic health records system that has been certified
within the last three years, even if a more current version of the system has been certified
within the three-year period.
(c) The electronic health record must meet the standards established according to
section 3004 of the HITECH Act as applicable.
(d) The electronic health record must have the ability to generate information on
clinical quality measures and other measures reported under sections 4101, 4102, and
4201 of the HITECH Act.
(e) The electronic health record system deleted text begin mustdeleted text end new text begin may new text end be connected to a state-certified
health information organization either directly or through a connection facilitated by a
state-certified health data intermediary as defined in section 62J.498.
(f) A health care provider who is a prescriber or dispenser of legend drugs must have
an electronic health record system that meets the requirements of section 62J.497.
Sec. 4.
Minnesota Statutes 2014, section 62J.495, subdivision 4, is amended to read:
Subd. 4.
Coordination with national HIT activities.
(a) deleted text begin The commissioner,
in consultation with the e-Health Advisory Committee, shall update the statewide
implementation plan required under subdivision 2 and released June 2008, to be consistent
with the updated Federal HIT Strategic Plan released by the Office of the National
Coordinator in accordance with section 3001 of the HITECH Act. The statewide plan
shall meet the requirements for a plan required under section 3013 of the HITECH Act.
deleted text end
deleted text begin (b)deleted text end The commissioner, in consultation with the e-Health Advisory Committee,
shall work to ensure coordination between state, regional, and national efforts to support
and accelerate efforts to effectively use health information technology to improve the
quality and coordination of health care and the continuity of patient care among health
care providers, to reduce medical errors, to improve population health, to reduce health
disparities, and to reduce chronic disease. The commissioner's coordination efforts shall
include but not be limited to:
(1) assisting in the development and support of health information technology
regional extension centers established under section 3012(c) of the HITECH Act to
provide technical assistance and disseminate best practices; and
(2) providing supplemental information to the best practices gathered by regional
centers to ensure that the information is relayed in a meaningful way to the Minnesota
health care community.
deleted text begin (c)deleted text end new text begin (b)new text end The commissioner, in consultation with the e-Health Advisory Committee,
shall monitor national activity related to health information technology and shall
coordinate statewide input on policy development. The commissioner shall coordinate
statewide responses to proposed federal health information technology regulations in
order to ensure that the needs of the Minnesota health care community are adequately
and efficiently addressed in the proposed regulations. The commissioner's responses
may include, but are not limited to:
(1) reviewing and evaluating any standard, implementation specification, or
certification criteria proposed by the national HIT standards committee;
(2) reviewing and evaluating policy proposed by the national HIT policy committee
relating to the implementation of a nationwide health information technology infrastructure;
(3) monitoring and responding to activity related to the development of quality
measures and other measures as required by section 4101 of the HITECH Act. Any
response related to quality measures shall consider and address the quality efforts required
under chapter 62U; and
(4) monitoring and responding to national activity related to privacy, security, and
data stewardship of electronic health information and individually identifiable health
information.
deleted text begin (d)deleted text end new text begin (c)new text end To the extent that the state is either required or allowed to apply, or designate
an entity to apply for or carry out activities and programs under section 3013 of the
HITECH Act, the commissioner of health, in consultation with the e-Health Advisory
Committee and the commissioner of human services, shall be the lead applicant or sole
designating authority. The commissioner shall make such designations consistent with the
goals and objectives of sections 62J.495 to 62J.497 and 62J.50 to 62J.61.
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner of human services shall apply for funding necessary to
administer the incentive payments to providers authorized under title IV of the American
Recovery and Reinvestment Act.
deleted text begin (f)deleted text end new text begin (e)new text end The commissioner shall include in the report to the legislature information
on the activities of this subdivision and provide recommendations on any relevant policy
changes that should be considered in Minnesota.
Sec. 5.
Minnesota Statutes 2014, section 62J.495, subdivision 5, is amended to read:
Subd. 5.
Collection of data for assessment and eligibility determination.
(a) The
commissioner of health, in consultation with the commissioner of human services, may
deleted text begin requiredeleted text end new text begin requestnew text end providers, dispensers, group purchasers, and pharmaceutical electronic
data intermediaries to submit data in a form and manner specified by the commissioner
to assess the status of adoption, effective use, and interoperability of electronic health
records for the purpose of:
(1) demonstrating Minnesota's progress on goals established by the Office of the
National Coordinator to accelerate the adoption and effective use of health information
technology established under the HITECH Act;
(2) assisting the Center for Medicare and Medicaid Services and the Department
of Human Services in determining eligibility of health care professionals and hospitals
to receive federal incentives for the adoption and effective use of health information
technology under the HITECH Act or other federal incentive programs;
(3) assisting the Office of the National Coordinator in completing required
assessments of the impact of the implementation and effective use of health information
technology in achieving goals identified in the national strategic plan, and completing
studies required by the HITECH Act;
(4) providing the data necessary to assist the Office of the National Coordinator in
conducting evaluations of regional extension centers as required by the HITECH Act; and
(5) other purposes as necessary to support the implementation of the HITECH Act.
(b) The commissioner shall coordinate with the commissioner of human services
and other state agencies in the collection of data required under this section to:
(1) avoid duplicative reporting requirements;
(2) maximize efficiencies in the development of reports on state activities as
required by HITECH; and
(3) determine health professional and hospital eligibility for incentives available
under the HITECH Act.
(c) The commissioner must not collect data or publish analyses that identify, or could
potentially identify, individual patients. The commissioner must not collect individual
patient data in identified or de-identified form.