Federal Employees Electronic Personal Health Records Act of 2006 - Amends federal civil service law to require each contract between the Office of Personnel Management (OPM) and a qualified carrier offering a health benefit plan for federal employees to provide for establishment and maintenance of electronic personal health records for each individual and family member enrolled in the plan.
Requires such records to be: (1) in a standard electronic format, available for electronic access through the Internet; and (2) based on the federal messaging and health vocabulary standards developed by the Consolidated Health Informatics Initiative, the Office of the National Coordinator for Health Information Technology, the American Health Information Community, or the Secretary of Health and Human Services.
Directs OPM to ensure that each individual and family member is given an opportunity to elect at any time to opt out of participation in the record program or terminate an established record.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3846 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3846
To provide for the establishment and maintenance of electronic personal
health records for individuals and family members enrolled in Federal
employee health benefits plans under chapter 89 of title 5, United
States Code, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 6, 2006
Mr. Carper (for himself and Mr. Voinovich) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for the establishment and maintenance of electronic personal
health records for individuals and family members enrolled in Federal
employee health benefits plans under chapter 89 of title 5, United
States Code, and for other purposes.
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 Employees Electronic
Personal Health Records Act of 2006''.
SEC. 2. ELECTRONIC PERSONAL HEALTH RECORDS FOR FEDERAL EMPLOYEE HEALTH
BENEFITS PLANS.
(a) Contract Requirement.--Section 8902 of title 5, United States
Code, is amended by adding at the end the following:
``(p) Each contract under this chapter shall require the carrier to
provide for the establishment and maintenance of electronic personal
health records in accordance with section 8915.''.
(b) Electronic Personal Health Records.--Chapter 89 of title 5,
United States Code, is amended by adding after section 8914 the
following:
``Sec. 8915. Electronic personal health records
``(a) In this section, the term--
``(1) `claims data' means--
``(A) a comprehensive record of health care
services provided to an individual, including
prescriptions; and
``(B) contact information for providers of health
care services; and
``(2) `standard electronic format' means a format that--
``(A) uses open electronic standards;
``(B) enables health information technology to be
used for the collection of clinically specific data;
``(C) promotes the interoperability of health care
information across health care settings, including
reporting under this section and to other Federal
agencies;
``(D) facilitates clinical decision support;
``(E) is useful for diagnosis and treatment and is
understandable for the individual or family member; and
``(F) is based on the Federal messaging and health
vocabulary standards--
``(i) developed by the Consolidated Health
Informatics Initiative; or
``(ii) developed and endorsed by the Office
of the National Coordinator for Health
Information Technology, the American Health
Information Community, or the Secretary of
Health and Human Services.
``(b)(1) Each carrier entering into a contract for a health
benefits plan under section 8915 shall provide for the establishment
and maintenance of electronic personal health records for each
individual and family member enrolled in that health benefits plan in
accordance with this section.
``(2) In the administration of this section, the Office of
Personnel Management--
``(A) shall ensure that each individual and family member
is provided--
``(i) timely notice of the establishment and
maintenance of electronic personal health records; and
``(ii) an opportunity to file an election at any
time to--
``(I) not participate in the establishment
or maintenance of an electronic personal health
record for that individual or family member;
and
``(II) in the case of an electronic
personal health record that is established
under this section, terminate that electronic
personal health record;
``(B) shall ensure that each electronic personal health
record shall--
``(i) be based on standard electronic formats;
``(ii) be available for electronic access through
the Internet for the use of the individual or family
member to whom the record applies;
``(iii) enable the individual or family member to--
``(I) share any contents of the electronic
personal health record through transmission in
standard electronic format, fax transmission,
or other additional means to providers of
health care services or other persons;
``(II) copy or print any contents of the
electronic personal health record; and
``(III) add supplementary health
information, such as information relating to--
``(aa) personal, medical, and
emergency contacts;
``(bb) laboratory tests;
``(cc) social history;
``(dd) health conditions;
``(ee) allergies;
``(ff) dental services;
``(gg) immunizations;
``(hh) prescriptions;
``(ii) family health history;
``(jj) alternative treatments;
``(kk) appointments; and
``(ll) any additional information
as needed;
``(iv) contain--
``(I) claims data from--
``(aa) providers of health care
services that participate in health
benefits plans under this chapter;
``(bb) to the extent feasible,
other providers of health care
services; and
``(cc) to the extent feasible,
other health benefits plans in which
the individual or family members have
participated;
``(II) clinical care, pharmaceutical, and
laboratory records; and
``(III) the name of the source for each
item of health information;
``(v) authenticate the identity of each individual
upon accessing the electronic personal health record;
and
``(vi) contain an audit trail to list the identity
of individuals who access the electronic personal
health record; and
``(C) shall ensure that the individual or family member may
designate--
``(i) any other individual to access and exercise
control over the sharing of the electronic personal
health record; and
``(ii) any other individual to access the
electronic personal health record in an emergency;
``(D) shall require each health benefits plan to comply
with all privacy and security regulations promulgated under
section 246(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2) and other
relevant laws relating to privacy and security;
``(E) shall require each carrier that enters into a
contract for a health benefits plan to provide for the
electronic transfer of the contents of an electronic personal
health record to another electronic personal health record
under a different health benefits plan maintained under this
section or a similar record not maintained under this section
if--
``(i) coverage in a health benefits plan under this
chapter for an individual or family member terminates;
and
``(ii) that individual or family member elects such
a transfer;
``(F) shall require each carrier to provide for education,
awareness, and training on electronic personal health records
for individuals and family members enrolled in health benefits
plans; and
``(G) may require each carrier to provide for an electronic
personal health record to be made available for electronic
access, other than through the Internet, for the use of the
individual or family member to whom the record applies, if that
individual or family member requests such access.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 89 of title 5, United States Code, is amended by adding at the
end the following:
``Sec. 8915. Electronic personal health records.''.
SEC. 3. EFFECTIVE DATES AND APPLICATION.
(a) In General.--Except as provided under subsection (b), the
amendments made by this Act shall take effect 30 days after the date of
enactment of this Act.
(b) Establishment and Maintenance of Electronic Personal Health
Records.--The requirement for the establishment and maintenance of
electronic personal health records under sections 8902(p) and 8915 of
title 5, United States Code (as added by this Act), shall apply with
respect to contracts for health benefits plans under chapter 89 of that
title which take effect on and after January of the earlier of--
(1) the first calendar year following 2 years after the
date of enactment of this Act; or
(2) any calendar year determined by the Office of Personnel
Management.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S9043-9045)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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