Federal Family Health Information Technology Act of 2006 - Sets forth provisions concerning the establishment of a system of electronic health records for covered individuals under the Federal Employees Health Benefits Program (FEHBP). Directs that each contract under FEHBP shall require that the carrier establish, maintain, and make available a carrier electronic health record for each covered individual who is enrolled under FEHBP in a health benefits plan offered by such carrier.
Directs the Office of Personnel Management (OPM) to establish the Federal Family Health Information Technology Trust Fund for the purpose of receiving donations to be used to award grants to carriers who meet certain requirements as set forth by OPM. Instructs OPM to award grants from the Trust Fund to carriers to be distributed as incentives to their contracting health care providers for implementing provider-based electronic health records.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4859 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4859
To amend chapter 89 of title 5, United States Code, to provide for the
implementation of a system of electronic health records under the
Federal Employees Health Benefits Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 2, 2006
Mr. Porter (for himself and Mr. Clay) introduced the following bill;
which was referred to the Committee on Government Reform
_______________________________________________________________________
A BILL
To amend chapter 89 of title 5, United States Code, to provide for the
implementation of a system of electronic health records under the
Federal Employees Health Benefits Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Family Health Information
Technology Act of 2006''.
SEC. 2. ELECTRONIC HEALTH RECORDS.
(a) In General.--Chapter 89 of title 5, United States Code, is
amended by inserting after section 8902a the following:
``Sec. 8902b. Electronic health records
``(a) This section provides for the establishment, in connection
with the program established under this chapter, of electronic health
records for each covered individual, including--
``(1) requiring the establishment of a carrier electronic
health record under subsection (b);
``(2) requiring the offering by carriers to covered
individuals of a personal electronic health record under
subsection (c); and
``(3) providing carrier-based incentives for establishing
provider-based electronic health records under subsection (d).
``(b)(1) Each contract under this chapter shall require that the
carrier establish, maintain, and make available, in accordance with
standards adopted by the Office of Personnel Management under this
section, a carrier electronic health record for each covered individual
who is enrolled under this chapter in a health benefits plan offered by
the carrier.
``(2)(A) A carrier electronic health record for a covered
individual under this subsection shall consist of a carrier's health
information on the individual's health care claims, health care
services data, or both, such as information describing the individual's
inpatient facility admissions, emergency room visits, and claims for
prescription drugs. Such a record shall include, to the maximum extent
practicable, such information as it relates to claims or services for
another carrier in which the covered individual was previously enrolled
under this title.
``(B) The information under subparagraph (A) shall cover the period
beginning on the later of January 1, 2008, or the date of the covered
individual's enrollment with the carrier under this title. Such period
is not required to be longer than the period specified in standards
adopted by the Office of Personnel Management under this section.
``(C) In the case of a covered individual who changes enrollment
under this title after the effective date specified in paragraph (4)
from one carrier to another carrier, the first carrier shall transfer
information from the carrier electronic health record under this
subsection to the second carrier to the extent specified by the Office
of Personnel Management by not later than 90 days after the date the
first carrier receives notice of the change in enrollment.
``(3) Information from a carrier electronic health record for a
covered individual shall be made available to the individual and shall
be made available (in accordance with the regulations promulgated
pursuant to section 264(c) of the Health Insurance Portability and
Accountability Act of 1996) to a health care provider treating the
individual. A carrier shall make such information available, in
accordance with standards adopted under this section--
``(A) promptly;
``(B) over a secure internet or other electronic-based
connection;
``(C) in a format useful for diagnosis and treatment; and
``(D) in a format that permits its importation into a
personal electronic health record under subsection (c).
``(4) The previous provisions of this subsection shall apply with
respect to contracts for contract years beginning with--
``(A) the 3rd contract year (or 4th contract year, if the
Office of Personnel Management determines that carriers are not
prepared to implement the previous provisions of this
subsection by such 3rd contract year) beginning after the date
of the enactment of this section; or
``(B) such earlier contract year as the Office of Personnel
Management may determine.
``(c)(1) Each contract under this chapter shall require the carrier
in accordance with standards adopted under this section--
``(A) to provide, upon the request of a covered individual,
for the establishment and maintenance of a personal electronic
health record for the individual;
``(B) to establish a method for the individual to access
the individual's personal electronic health record through a
mechanism that is integrated with access to the carrier
electronic health record for the individual under subsection
(b); and
``(C) to establish a method for the individual to transfer
the individual's personal electronic health record to the
individual (or to a carrier or other entity designated by the
individual) upon the request of the individual at any time,
including at the time of disenrollment of the individual.
``(2) A personal electronic health record for a covered individual
shall consist of such personal health information, such as family
health history, symptoms, use of over-the-counter medication, diet,
exercise, and other relevant health information and activities, as the
individual may provide. Such record may also include information from a
provider-based electronic health record referred to in subsection (d)
as well as from a carrier electronic health record.
``(3) Each contract under this chapter shall require the carrier to
enable health information to be imported in standard electronic format
into a personal electronic health record from a provider-based
electronic health record and from a carrier electronic health record
consistent with standards adopted by the Office.
``(4) Nothing in this subsection shall be construed as authorizing
the carrier or another person, other than a covered individual, to
access a personal electronic health record of the individual without
the authorization of the individual.
``(5) The previous provisions of this subsection shall apply with
respect to contracts for contract years beginning with the contract
year beginning after the first contract year with respect to which the
requirements of subsection (b) are in effect under subsection (b)(4).
``(d)(1) Each contract under this chapter shall require the carrier
to provide, in accordance with standards adopted by the Office under
this section, incentives (subject to the availability of amounts from
the Federal Family Health Information Technology Trust Fund, as
established by section 4 of the Federal Family Health Information
Technology Act of 2006) for providers to implement a comprehensive
system of provider-based electronic health records for all patients
covered by the contract.
``(2) The previous provisions of this subsection shall be effective
with respect to contract years beginning with such contract year as the
Office of Personnel Management shall determine.
``(e) Beginning with the contract year beginning after the first
contract year with respect to which the requirements of subsection (b)
are in effect, each carrier shall report to the Office of Personnel
Management its progress and plan for enabling each covered individual,
upon request, to store and access, through a portable, electronic
medium, the individual's personal electronic health record established
under subsection (c), as well as the carrier electronic health record
for the individual (established under subsection (b)) and provider-
based electronic health records relating to the individual referred to
in subsection (d). Such plan shall provide a means for such storage and
access through such a portable medium beginning with the 5th contract
year after the first contract year with respect to which the
requirements of subsection (b) are in effect.
``(f)(1) Standards adopted under this section regarding carrier,
personal, and provider-based electronic health records shall be
consistent with any standards for interoperability of electronic health
records developed by ONCHIT.
``(2) In addition to paragraph (1), the Office of Personnel
Management shall consult with ONCHIT in the implementation of this
section, including the establishment of effective dates under
subsections (b)(4)(B) and (d)(2).
``(3) For purposes of this subsection, the term `ONCHIT' means the
Office of the National Coordinator for Health Information Technology in
the Department of Health and Human Services, and includes any successor
to the functions performed by such Office.
``(g)(1) The Office of Personnel Management may waive any or all of
the requirements of this section for a carrier described in paragraph
(2) insofar as the carrier has established an electronic health record
system that substantially meets the purpose of each such requirement
that is waived.
``(2) A carrier described in this paragraph is a carrier that--
``(A) is an integrated health care system that combines the
functions of a health plan, hospitals, pharmacy, laboratories,
and clinicians; and
``(B) has developed and is implementing, as of the date of
the enactment of this section, a provider-based comprehensive
electronic medical record for each member of the health plan.
``(h) For purposes of this section, the term `covered individual'
has the meaning given such term by section 8902a(a)(1)(B).''.
(b) Conforming Amendments.--(1) Section 8902 of title 5, United
States Code, is amended by adding at the end the following:
``(p) A contract may not be made which is not in conformance with
the requirements of section 8902b, except that the Office of Personnel
Management may phase in or waive conformance with some or all of such
requirements during the first two contract years in which a carrier has
a contract under this title.''.
(2) The table of sections for chapter 89 of such title is amended
by inserting after the item relating to section 8902a the following:
``8902b. Electronic health records.''.
SEC. 3. PROVISION REGARDING RATES.
During the period ending with the contract year following the first
contract year with respect to which the requirements of subsection (b)
of section 8902b of title 5, United States Code, as inserted by section
2(a), are in effect, in determining rates under section 8902(i) of such
title, the Office of Personnel Management shall not take into account
any carrier administrative costs, monetary savings, or return on
investment resulting from implementation of carrier and personal
electronic health records required under subsections (b) and (c) of
such section 8902b, except that the Office shall have access to the
unused portion of contributions set aside in the Employees Health
Benefits Fund under section 8909(b)(1) of such title without fiscal
year limitation for such use as the Office considers necessary to
assist carriers in complying with such subsections.
SEC. 4. FEDERAL FAMILY HEALTH INFORMATION TECHNOLOGY TRUST FUND.
(a) In General.--The Office of Personnel Management shall establish
the Federal Family Health Information Technology Trust Fund (in this
section referred to as the ``Trust Fund'') for the purpose of receiving
donations to be used to award grants to carriers who meet certain
requirements as set forth by the Office.
(b) Acceptance of Donations.--In accordance with the section, the
Office may accept donations made to the Trust Fund. Donations made to
the Trust Fund, and grants awarded from such Fund to carriers, shall
not be considered to be the solicitation or payment of remuneration of
any kind, nor shall receipt of such grants be considered an inducement
to refer, purchase, order, or lease any good, facility, item, or
service.
(c) Deposit of Amounts Received.--Funds received by the Office
under this section shall be transmitted by the Office to the Trust
Fund.
(d) Funds To Be Used for Carrier Grants.--The Office shall award
grants from the Trust Fund to carriers under chapter 89 of title 5,
United States Code, to be distributed under section 8902b(d) of such
title as incentives to their contracting health care providers for
implementing provider-based electronic health records based on
requirements and qualifications set forth by the Office and standards
adopted under section 8902b(f) of such title.
SEC. 5. IMPLEMENTATION.
The Office of Personnel Management shall provide for the
implementation of this Act through appropriate administrative guidance,
which may be by regulation, by carrier letter, or otherwise.
SEC. 6. HIPAA COMPLIANCE.
Nothing in this Act shall be construed as affecting the
application or compliance with regulations promulgated pursuant to
section 264(c) of the Health Insurance Portability and Accountability
Act of 1996 (relating to access to and disclosure of health
information).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Government Reform.
Referred to the Subcommittee on Federal Workforce and Agency Organization.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
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