Minnesota Session Laws - 2009, Regular Session

CHAPTER 102--S.F.No. 1890

An act

relating to health; changing provisions for health information technology and infrastructure; establishing an e-health advisory committee; changing electronic health records provisions; changing electronic health record system and revolving account and loan program; modifying electronic prescribing provisions;

amending Minnesota Statutes 2008, sections 62J.495; 62J.496; 62J.497, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2008, section 62J.495, is amended to read:

62J.495 HEALTH INFORMATION TECHNOLOGY AND INFRASTRUCTURE.

Subdivision 1.

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 new text begin e- new text end Health deleted text begin Information Technology and Infrastructure deleted text end Advisory Committee, shall develop a statewide plan to meet this goal, including 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, deleted text begin with a status report on the development of these standards submitted to the legislature by January 15, 2008 deleted text end new text begin and updated on an ongoing basis. The commissioner shall include an update on standards development as part of an annual report to the legislature new text end .

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) "Certified electronic health record technology" means an electronic health record that is certified pursuant to section 3001(c)(5) of the HITECH Act to meet the standards and implementation specifications adopted under section 3004 as applicable. new text end

new text begin (b) "Commissioner" means the commissioner of health. new text end

new text begin (c) "Pharmaceutical electronic data intermediary" means any entity that provides the infrastructure to connect computer systems or other electronic devices utilized by prescribing practitioners with those used by pharmacies, health plans, third-party administrators, and pharmacy benefit manager in order to facilitate the secure transmission of electronic prescriptions, refill authorization requests, communications, and other prescription-related information between such entities. new text end

new text begin (d) "HITECH Act" means the Health Information Technology for Economic and Clinical Health Act in division A, title XIII and division B, title IV of the American Recovery and Reinvestment Act of 2009, including federal regulations adopted under that act. new text end

new text begin (e) "Interoperable electronic health record" means an electronic health record that securely exchanges health information with another electronic health record system that meets national requirements for certification under the HITECH Act. new text end

new text begin (f) "Qualified electronic health record" means an electronic record of health-related information on an individual that includes patient demographic and clinical health information and has the capacity to: new text end

new text begin (1) provide clinical decision support; new text end

new text begin (2) support physician order entry; new text end

new text begin (3) capture and query information relevant to health care quality; and new text end

new text begin (4) exchange electronic health information with, and integrate such information from, other sources. new text end

Subd. 2.

new text begin e- new text end Health deleted text begin Information Technology and Infrastructure deleted text end Advisory Committee.

(a) The commissioner shall establish deleted text begin a deleted text end new text begin an e- new text end Health deleted text begin Information Technology and Infrastructure deleted text end Advisory Committee governed by section 15.059 to advise the commissioner on the following matters:

(1) assessment of the new text begin adoption and effective new text end 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 deleted text begin administrative deleted text end new text begin clinical new text end 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 new text begin e- new text end Health deleted text begin Information Technology and Infrastructure deleted text end 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 deleted text begin Health Information Technology and Infrastructure Advisory Committee deleted text end new text begin commissioner to fulfill the requirements of section 3013, paragraph (g) of the HITECH Act new text end .

(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 deleted text begin future projects deleted text end new text begin action on policy and necessary resources to continue the promotion of adoption and effective use of health information technology new text end .

(d) Notwithstanding section 15.059, this subdivision expires June 30, 2015.

Subd. 3.

Interoperable electronic health record requirements.

deleted text begin (a) deleted text end To meet the requirements of subdivision 1, 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.

new text begin (a) The electronic health record must be a qualified electronic health record. new text end

(b) The electronic health record must be certified by the deleted text begin Certification Commission for Healthcare Information Technology, or its successor deleted text end new text begin Office of the National Coordinator pursuant to the HITECH Act new text end . This criterion only applies to hospitals and health care providers deleted text begin whose practice setting is a practice setting covered by the Certification Commission for Healthcare Information Technology certifications deleted text end new text begin only if a certified electronic health record product for the provider's particular practice setting is available new text end . 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.

new text begin (c) The electronic health record must meet the standards established according to section 3004 of the HITECH Act as applicable. new text end

new text begin (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. new text end

deleted text begin (c) deleted text end new text begin (e) new text end A health care provider who is a prescriber or dispenser of deleted text begin controlled substances deleted text end new text begin legend drugs new text end must have an electronic health record system that meets the requirements of section 62J.497.

new text begin Subd. 4. new text end

new text begin Coordination with national HIT activities. new text end

new text begin (a) 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. new text end

new text begin (b) 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, 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: new text end

new text begin (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 new text end

new text begin (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. new text end

new text begin (c) 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: new text end

new text begin (1) reviewing and evaluating any standard, implementation specification, or certification criteria proposed by the national HIT standards committee; new text end

new text begin (2) reviewing and evaluating policy proposed by the national HIT policy committee relating to the implementation of a nationwide health information technology infrastructure; new text end

new text begin (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 new text end

new text begin (4) monitoring and responding to national activity related to privacy, security, and data stewardship of electronic health information and individually identifiable health information. new text end

new text begin (d) 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 through 62J.497, and sections 62J.50 through 62J.61. new text end

new text begin (e) 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. new text end

new text begin (f) 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. new text end

new text begin Subd. 5. new text end

new text begin Collection of data for assessment and eligibility determination. new text end

new text begin (a) The commissioner of health, in consultation with the commissioner of human services, may require 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: new text end

new text begin (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; new text end

new text begin (2) assisting the Center for Medicare and Medicaid Services and 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; new text end

new text begin (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; new text end

new text begin (4) data necessary to assist the Office of the National Coordinator in conducting evaluations of regional extension centers as required by the HITECH Act; and new text end

new text begin (5) other purposes as necessary to support the implementation of the HITECH Act. new text end

new text begin (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: new text end

new text begin (1) avoid duplicative reporting requirements; new text end

new text begin (2) maximize efficiencies in the development of reports on state activities as required by HITECH; and new text end

new text begin (3) determine health professional and hospital eligibility for incentives available under the HITECH Act. new text end

new text begin (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. new text end

Sec. 2.

Minnesota Statutes 2008, section 62J.496, is amended to read:

62J.496 ELECTRONIC HEALTH RECORD SYSTEM REVOLVING ACCOUNT AND LOAN PROGRAM.

Subdivision 1.

Account establishment.

new text begin (a) new text end An account is established to new text begin : new text end deleted text begin provide loans to eligible borrowers to assist in financing the installation or support of an interoperable health record system. The system must provide for the interoperable exchange of health care information between the applicant and, at a minimum, a hospital system, pharmacy, and a health care clinic or other physician group. deleted text end

new text begin (1) finance the purchase of certified electronic health records or qualified electronic health records as defined in section 62J.495, subdivision 1; new text end

new text begin (2) enhance the utilization of electronic health record technology, which may include costs associated with upgrading the technology to meet the criteria necessary to be a certified electronic health record or a qualified electronic health record; new text end

new text begin (3) train personnel in the use of electronic health record technology; and new text end

new text begin (4) improve the secure electronic exchange of health information. new text end

new text begin (b) Amounts deposited in the account, including any grant funds obtained through federal or other sources, loan repayments, and interest earned on such amounts shall be used only for awarding loans or loan guarantees, as a source of reserve and security for leveraged loans, or for the administration of the account. new text end

new text begin (c) The commissioner may accept contributions to the account from private sector entities subject to the following provisions: new text end

new text begin (1) the contributing entity may not specify the recipient or recipients of any loan issued under this subdivision; new text end

new text begin (2) the commissioner shall make public the identity of any private contributor to the loan fund, as well as the amount of the contribution provided; new text end

new text begin (3) the commissioner may issue letters of commendation or make other awards that have no financial value to any such entity; and new text end

new text begin (4) a contributing entity may not specify that the recipient or recipients of any loan use specific products or services, nor may the contributing entity imply that a contribution is an endorsement of any specific product or service. new text end

new text begin (d) The commissioner may use the loan funds to reimburse private sector entities for any contribution made to the loan fund. Reimbursement to private entities may not exceed the principle amount contributed to the loan fund. new text end

new text begin (e) The commissioner may use funds deposited in the account to guarantee, or purchase insurance for, a local obligation if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation involved. new text end

new text begin (f) The commissioner may use funds deposited in the account as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the state if the proceeds of the sale of the bonds will be deposited into the loan fund. new text end

Subd. 2.

Eligibility.

(a) "Eligible borrower" means one of the following:

new text begin (1) federally qualified health centers; new text end

deleted text begin (1) deleted text end new text begin (2) new text end community clinics, as defined under section 145.9268;

deleted text begin (2) deleted text end new text begin (3) nonprofit or local unit of government new text end hospitals deleted text begin eligible for rural hospital capital improvement grants, as defined in section 144.148 deleted text end new text begin licensed under sections 144.50 to 144.56 new text end ;

deleted text begin (3) physician clinics located in a community with a population of less than 50,000 according to United States Census Bureau statistics and outside the seven-county metropolitan area; deleted text end

new text begin (4) individual or small group physician practices that are focused primarily on primary care; new text end

deleted text begin (4) deleted text end new text begin (5) new text end nursing facilities licensed under sections 144A.01 to 144A.27; deleted text begin and deleted text end

new text begin (6) local public health departments as defined in chapter 145A; and new text end

deleted text begin (5) deleted text end new text begin (7) new text end other providers of health or health care services approved by the commissioner for which interoperable electronic health record capability would improve quality of care, patient safety, or community health.

new text begin (b) The commissioner shall administer the loan fund to prioritize support and assistance to: new text end

new text begin (1) critical access hospitals; new text end

new text begin (2) federally qualified health centers; new text end

new text begin (3) entities that serve uninsured, underinsured, and medically underserved individuals, regardless of whether such area is urban or rural; and new text end

new text begin (4) individual or small group practices that are primarily focused on primary care. new text end

deleted text begin (b) To be eligible for a loan under this section, the deleted text end new text begin (c) An eligible new text end applicant must submit a loan application to the commissioner of health on forms prescribed by the commissioner. The application must include, at a minimum:

(1) the amount of the loan requested and a description of the purpose or project for which the loan proceeds will be used;

(2) a quote from a vendor;

(3) a description of the health care entities and other groups participating in the project;

(4) evidence of financial stability and a demonstrated ability to repay the loan; and

(5) a description of how the system to be financed deleted text begin interconnects deleted text end new text begin interoperates new text end or plans in the future to deleted text begin interconnect deleted text end new text begin interoperate new text end with other health care entities and provider groups located in the same geographical area new text begin ; new text end

new text begin (6) a plan on how the certified electronic health record technology will be maintained and supported over time; and new text end

new text begin (7) any other requirements for applications included or developed pursuant to section 3014 of the HITECH Act new text end .

Subd. 3.

Loans.

(a) The commissioner of health may make a no interest new text begin , or low-interest, new text end loan to a provider or provider group who is eligible under subdivision 2 deleted text begin on a first-come, first-served basis provided that the applicant is able to comply with this section deleted text end new text begin consistent with the priorities established in subdivision 2 new text end . The total accumulative loan principal must not exceed deleted text begin $1,500,000 deleted text end new text begin $3,000,000 new text end per loan. new text begin The interest rate for each loan, if imposed, shall not exceed the current market interest rate. new text end The commissioner of health has discretion over the size new text begin , interest rate, new text end and number of loans made. new text begin Nothing in this section shall require the commissioner to make a loan to an eligible borrower under subdivision 2. new text end

(b) The commissioner of health may prescribe forms and establish an application process and, notwithstanding section 16A.1283, may impose a reasonable nonrefundable application fee to cover the cost of administering the loan program. Any application fees imposed and collected under the electronic health records system revolving account and loan program in this section are appropriated to the commissioner of health for the duration of the loan program. new text begin The commissioner may apply for and use all federal funds available through the HITECH Act to administer the loan program. new text end

(c) new text begin For loans approved prior to July 1, 2009, new text end the borrower must begin repaying the principal no later than two years from the date of the loan. Loans must be amortized no later than six years from the date of the loan.

new text begin (d) For loans granted on January 1, 2010, or thereafter, the borrower must begin repaying the principal no later than one year from the date of the loan. Loans must be amortized no later than six years after the date of the loan. new text end

deleted text begin (d) Repayments deleted text end new text begin (e) All repayments and interest paid on each loan new text end must be credited to the account.

new text begin (f) The loan agreement shall include the assurances that borrower meets requirements included or developed pursuant to section 3014 of the HITECH Act. The requirements shall include, but are not limited to: new text end

new text begin (1) submitting reports on quality measures in compliance with regulations adopted by the federal government; new text end

new text begin (2) demonstrating that any certified electronic health record technology purchased, improved, or otherwise financially supported by this loan program is used to exchange health information in a manner that, in accordance with law and standards applicable to the exchange of information, improves the quality of health care; new text end

new text begin (3) including a plan on how the borrower intends to maintain and support the certified electronic health record technology over time and the resources expected to be used to maintain and support the technology purchased with the loan; and new text end

new text begin (4) complying with other requirements the secretary may require to use loans funds under the HITECH Act. new text end

Subd. 4.

Data classification.

Data collected by the commissioner of health on the application to determine eligibility under subdivision 2 and to monitor borrowers' default risk or collect payments owed under subdivision 3 are (1) private data on individuals as defined in section 13.02, subdivision 12; and (2) nonpublic data as defined in section 13.02, subdivision 9. The names of borrowers and the amounts of the loans granted are public data.

Sec. 3.

Minnesota Statutes 2008, section 62J.497, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the following terms have the meanings given.

new text begin (a) "Backward compatible" means that the newer version of a data transmission standard would retain, at a minimum, the full functionality of the versions previously adopted, and would permit the successful completion of the applicable transactions with entities that continue to use the older versions. new text end

deleted text begin (a) deleted text end new text begin (b) new text end "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision 30. Dispensing does not include the direct administering of a controlled substance to a patient by a licensed health care professional.

deleted text begin (b) deleted text end new text begin (c) new text end "Dispenser" means a person authorized by law to dispense a controlled substance, pursuant to a valid prescription.

deleted text begin (c) deleted text end new text begin (d) new text end "Electronic media" has the meaning given under Code of Federal Regulations, title 45, part 160.103.

deleted text begin (d) deleted text end new text begin (e) new text end "E-prescribing" means the transmission using electronic media of prescription or prescription-related information between a prescriber, dispenser, pharmacy benefit manager, or group purchaser, either directly or through an intermediary, including an e-prescribing network. E-prescribing includes, but is not limited to, two-way transmissions between the point of care and the dispenser new text begin and two-way transmissions related to eligibility, formulary, and medication history information new text end .

deleted text begin (e) deleted text end new text begin (f) new text end "Electronic prescription drug program" means a program that provides for e-prescribing.

deleted text begin (f) deleted text end new text begin (g) new text end "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

deleted text begin (g) deleted text end new text begin (h) new text end "HL7 messages" means a standard approved by the standards development organization known as Health Level Seven.

deleted text begin (h) deleted text end new text begin (i) new text end "National Provider Identifier" or "NPI" means the identifier described under Code of Federal Regulations, title 45, part 162.406.

deleted text begin (i) deleted text end new text begin (j) new text end "NCPDP" means the National Council for Prescription Drug Programs, Inc.

deleted text begin (j) deleted text end new text begin (k) new text end "NCPDP Formulary and Benefits Standard" means the National Council for Prescription Drug Programs Formulary and Benefits Standard, Implementation Guide, Version 1, Release 0, October 2005.

deleted text begin (k) deleted text end new text begin (l) new text end "NCPDP SCRIPT Standard" means the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard, Implementation Guide Version 8, Release 1 (Version 8.1), October 2005 new text begin , or the most recent standard adopted by the Centers for Medicare and Medicaid Services for e-prescribing under Medicare Part D as required by section 1860D-4(e)(4)(D) of the Social Security Act, and regulations adopted under it. The standards shall be implemented in accordance with the Centers for Medicare and Medicaid Services schedule for compliance. Subsequently released versions of the NCPDP SCRIPT Standard may be used, provided that the new version of the standard is backward compatible to the current version adopted by Centers for Medicare and Medicaid Services new text end .

deleted text begin (l) deleted text end new text begin (m) new text end "Pharmacy" has the meaning given in section 151.01, subdivision 2.

deleted text begin (m) deleted text end new text begin (n) new text end "Prescriber" means a licensed health care deleted text begin professional who is authorized to prescribe a controlled substance under section 152.12, subdivision 1 deleted text end new text begin practitioner, other than a veterinarian, as defined in section 151.01, subdivision 23 new text end .

deleted text begin (n) deleted text end new text begin (o) new text end "Prescription-related information" means information regarding eligibility for drug benefits, medication history, or related health or drug information.

deleted text begin (o) deleted text end new text begin (p) new text end "Provider" or "health care provider" has the meaning given in section 62J.03, subdivision 8.

Sec. 4.

Minnesota Statutes 2008, section 62J.497, subdivision 2, is amended to read:

Subd. 2.

Requirements for electronic prescribing.

(a) Effective January 1, 2011, all providers, group purchasers, prescribers, and dispensers must establish deleted text begin and deleted text end new text begin , new text end maintain new text begin , and use new text end an electronic prescription drug program deleted text begin that complies deleted text end new text begin . This program must comply new text end with the applicable standards in this section for transmitting, directly or through an intermediary, prescriptions and prescription-related information using electronic media.

(b) deleted text begin Nothing in this section requires providers, group purchasers, prescribers, or dispensers to conduct the transactions described in this section. deleted text end If transactions described in this section are conducted, they must be done electronically using the standards described in this section. Nothing in this section requires providers, group purchasers, prescribers, or dispensers to electronically conduct transactions that are expressly prohibited by other sections or federal law.

(c) Providers, group purchasers, prescribers, and dispensers must use either HL7 messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related information internally when the sender and the recipient are part of the same legal entity. If an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard or other applicable standards required by this section. Any pharmacy within an entity must be able to receive electronic prescription transmittals from outside the entity using the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health Insurance Portability and Accountability Act (HIPAA) requirement that may require the use of a HIPAA transaction standard within an organization.

deleted text begin (d) Entities transmitting prescriptions or prescription-related information where the prescriber is required by law to issue a prescription for a patient to a nonprescribing provider that in turn forwards the prescription to a dispenser are exempt from the requirement to use the NCPDP SCRIPT Standard when transmitting prescriptions or prescription-related information. deleted text end

Presented to the governor May 15, 2009

Signed by the governor May 19, 2009, 1:44 p.m.