SF 349

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2019 04:23pm

A bill for an act
relating to health; eliminating the interoperable electronic health records system
mandate; amending Minnesota Statutes 2018, section 62J.495, subdivisions 1, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 62J.495, subdivision 1, is amended to read:

Subdivision 1.

Implementation.

deleted text begin By January 1, 2015, all hospitals and health care
providers, as defined in section 62J.03, subdivision 8, must have in place an interoperable
electronic health records system within their hospital system or clinical practice setting. deleted text end
The commissioner of health, in consultation with the e-Health Advisory Committee, shall
develop deleted text begin a statewide plan to meet this goal, including deleted text end uniform standards to be used for the
interoperable new text begin electronic health records new text end 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. deleted text begin
Individual health care providers in private practice with no other providers and health care
providers that do not accept reimbursement from a group purchaser, as defined in section
62J.03, subdivision 6, are excluded from the requirements of this section.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 62J.495, subdivision 3, is amended to read:

Subd. 3.

Interoperable electronic health record requirements.

(a) deleted text begin To meet the
requirements of subdivision 1, deleted text end Hospitals and health care providers must meet the following
criteria when implementing an interoperable electronic health records system within their
hospital system or clinical practice setting.

(b) The electronic health record must be a qualified electronic health record.

(c) 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.

(d) The electronic health record must meet the standards established according to section
3004 of the HITECH Act as applicable.

(e) 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.

(f) The electronic health record system must 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.

(g) 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. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end