Bill Text: MI HB5283 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Records: health; health information exchange for certain entities and data; require health information technology commission to designate. Amends secs. 2501, 2505 & 2511 of 1978 PA 368 (MCL 333.2501 et seq.).
Spectrum: Slight Partisan Bill (Democrat 14-5)
Status: (Introduced) 2023-10-31 - Bill Electronically Reproduced 10/26/2023 [HB5283 Detail]
Download: Michigan-2023-HB5283-Introduced.html
HOUSE BILL NO. 5283
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2501, 2505, and 2511 (MCL 333.2501, 333.2505, and 333.2511), sections 2501 and 2505 as added by 2006 PA 137 and section 2511 as added by 2006 PA 459.
the people of the state of michigan enact:
Sec. 2501. As used in this part:
(a) "Commission" means the health information technology commission created under section 2503.
(b) "Department" means the department of community health and human services.
(c) "Health data utility" means a system that is operated by the health information exchange and that does all of the following:
(i) Facilitates the exchange of clinical and other health data.
(ii) Creates a unified health record for health care patients.
(iii) Allows for the exchange of information using multiple modalities, including, but not limited to, query searches and push notifications.
(iv) Increases connections between health care entities, including, but not limited to, school-based health centers, social care services, and health facilities or agencies located in a correctional institution.
(d) "Health information exchange" means the nonprofit entity that operates an inclusive health information technology infrastructure that serves as a health data aggregator and that is enabled to collect, normalize, and share disparate health data content from a diverse set of health data sources.
Sec. 2505. (1) The commission shall do each of the following:
(a) Develop and maintain a strategic plan in accordance with subsection (2) to guide the implementation of an interoperable health information technology system and ongoing maintenance of the health data utility that will reduce medical errors, improve quality of care, and produce greater value for health care expenditures.
(b) Identify critical technical, scientific, economic, and other critical issues affecting the public and private adoption of health information technology, including, but not limited to, all of the following regarding the health information exchange designated under subdivision (c):
(i) Participation with the health information exchange.
(ii) Data sharing through the health information exchange.
(iii) Utilization of the health data utility.
(c) Subject to subsection (3), designate the health information exchange to operate the health data utility for this state.
(d) Monitor the health information exchange described under subdivision (c) by doing all of the following:
(i) Performing a quarterly review of key operational and performance metrics.
(ii) Reviewing privacy and consent policies as needed.
(iii) Approving secondary data use in compliance with the health insurance portability and accountability act of 1996, Public Law 101-191, including, but not limited to, secondary data use for research.
(e) (c) Provide recommendations on policies and measures necessary to achieve widespread adoption of health information technology.
(f) (d) Increase the public's understanding of health information technology.
(g) (e) Promote more efficient and effective communication among multiple the health care providers, ecosystem, including, but not limited to, health care providers, hospitals, physicians, payers, employers, pharmacies, laboratories, community-based organizations, and any other health care entity.
(h) (f) Identify strategies to improve the ability to monitor community health status, including, but not limited to, by using reporting and analytics from electronic health data from the health data utility.
(i) (g) Develop or design any other initiatives in furtherance of the commission's purpose.
(j) (h) Annually , report and make recommendations to the chairpersons of the standing committees of the house of representatives and senate with jurisdiction over issues pertaining to community health and information technology, the house of representatives and senate appropriations subcommittees on community health and information technology, and the senate and house fiscal agencies.
(k) (i) Perform any and all other activities in furtherance of the above or needed to implement subdivisions (a) to (j) as directed by the department or the department of information technology, or both.a department of this state.
(2) The strategic plan developed pursuant to under subsection (1)(a) shall include, at a minimum, each of the following:
(a) The development or adoption of health care information technology standards and strategies to support, maintain, and enhance the health data utility.
(b) The ability to base medical decisions on the availability of information at the time and place of care utilizing the health information exchange and the health data utility.
(c) The use of evidence-based medical care.
(d) Measures to protect the privacy and security of personal health information.
(e) Measures to prevent unauthorized access to health information.
(f) Measures to ensure accurate patient identification.
(g) Methods to facilitate secure patient access to health information.
(h) Measures to reduce health care costs by addressing inefficiencies, redundancy in data capture and storage, medical errors, inappropriate care, incomplete information, and administrative, billing, and data collection costs.
(i) Incorporating health information technology and health data sharing into the provision of care and the organization of the health care workplace.
(j) The ability to identify priority areas in which health information technology can provide benefits to consumers and a recommended timeline for implementation.
(k) Measurable outcomes utilizing the health data utility when appropriate.
(3) The commission shall designate a health information exchange under subsection (1)(c) that meets all of the following requirements:
(a) Is capable of performing all of the following:
(i) Routing relevant real-time data.
(ii) Providing longitudinal electronic health records.
(iii) Reporting population health data and public health data.
(iv) Delivering health analytics and metrics in the aggregate.
(b) Complies with all applicable federal and state laws and regulations for a standards-based health data exchange.
(c) Has a governing board with representatives that have expertise in public health, that are associated with a governmental agency, hospital, health plan, or pharmacy, or that are physicians, behavioral health practitioners, or other health care professionals.
(d) Maintains a high level of cybersecurity standards. This subdivision may be demonstrated by accreditation by a national health information security entity recognized by the commission as an accreditation that requires a high level of cybersecurity standards.
(e) Adheres to health information exchange industry standards for network performance.
Sec. 2511. (1) There is established in the department the The healthcare information technology and infrastructure development fund to be administered by the is established in the department. The commission shall administer the healthcare information technology and infrastructure development fund for the purpose of promoting the development and adoption of health care information technologies designed to improve the quality, safety, and efficiency of health care services, including the health information exchange designated under section 2505(1)(c) to operate the health data utility.
(2) Money in the fund shall must be used for established regional health information organizations the health information exchange designated under section 2505(1)(c) to operate the health data utility and other projects authorized by the commission and may be expended by contract, loan, or grant, to develop, maintain, expand, and improve the state's health care information technology infrastructure and to assist health care facilities and health service providers in adopting health care information technologies shown to improve health care quality, safety, or efficiency. The commission shall develop criteria for the selection of projects to be funded from the fund and criteria for eligible regional health information organizations the health information exchange, health data utility, and health care information technology and infrastructure projects to be funded under this part.
(3) The director is authorized to accept any grant, devise, bequest, donation, gift, services in kind, assignment of money, bonds, or money appropriated by the legislature or received from insurers, for deposit in and credit of the fund. The commission is authorized to expend from the healthcare information technology and infrastructure development fund any money deposited into the fund for the purposes set forth in subsection (2). Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) Notwithstanding any provision of its articles of incorporation, bylaws, or other enabling documents or laws to the contrary, a health insurer, health maintenance organization, health plan, or nonprofit health care corporation is authorized to allocate sums of money derived from the collections of premiums to the healthcare information technology and infrastructure development fund. The commission is authorized to approve projects which are in conformance that conform with this section.
(5) A member of the commission shall not make, participate in making, or in any way attempt to use his or her the member's position as a member of the commission to influence a decision regarding a loan, grant, investment, or other expenditure under this part to his or her the member's employer. A member, employee, or agent of the commission shall not engage in any conduct that constitutes a conflict of interest and shall immediately advise the commission in writing of the details of any incident or circumstances that may present the existence of a conflict of interest with respect to the performance of the commission-related work or duty of the member, employee, or agent of the commission. A member who has a conflict of interest related to any matter before the commission shall disclose the conflict of interest before the commission takes any action with respect to the matter. , which A disclosure shall become a is part of the record of the commission's official proceedings. The member with the conflict of interest shall refrain from doing all of the following with respect to the matter that is the basis of the conflict of interest:
(a) Voting in the commission's proceedings related to the matter.
(b) Participating in the commission's discussion of and deliberation on the matter.
(c) Being present at the meeting when the discussion, deliberation, and voting on the matter take place.
(d) Discussing the matter with any other commission member.
(6) Failure of a member to comply with subsection (5) constitutes misconduct in office subject to removal under section 2503.
(7) When If authorizing expenditures and investments under this part, the commission shall not consider whether a recipient has made a contribution or expenditure under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282. Expenditures under this part shall must not be used to finance or influence political activities.
(8) The commission shall prepare and issue an annual report not later than January 30 of each year outlining in specific detail the amount of funds spent from the fund in the previous year, a status report on the projects funded, progress to date in implementing a statewide health care information infrastructure, and recommendations for future investments and projects.
