S 444 ISCommentsClose CommentsPermalink

To provide for the establishment of a health information technology and privacy system.CommentsClose CommentsPermalink

February 13, 2009CommentsClose CommentsPermalink

Mr. WHITEHOUSE introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

To provide for the establishment of a health information technology and privacy system.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Health Information Technology and Privacy Advancement Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. POLICY AND PURPOSES.

(a) Policy- Congress declares that it is the policy of the United States to establish, as expeditiously as practicable, a health information technology and privacy system, which should--CommentsClose CommentsPermalink





(1) be responsive to public needs and national objectives;CommentsClose CommentsPermalink





(2) serve the health care needs of the United States; andCommentsClose CommentsPermalink





(3) contribute to improved health care quality and lower costs.CommentsClose CommentsPermalink





(b) Purposes- It is the purpose of this Act to--CommentsClose CommentsPermalink





(1) provide for the establishment of a health information technology and privacy system through which new and expanded health care information services will be made available as promptly as possible in a manner that provides national coverage at the earliest practicable date;CommentsClose CommentsPermalink





(2) in carrying out the system described in paragraph (1), provide technology services to economically less developed areas as well as those more highly developed, and provide for the efficient and economical use of health care information and protect the confidentiality and security of information within this new technology;CommentsClose CommentsPermalink





(3) in order to facilitate the development of the system and provide for the widest possible participation by private enterprise in the system, establish a private nonprofit corporation, subject to appropriate Federal regulation, to administer the system; andCommentsClose CommentsPermalink





(4) ensure that--CommentsClose CommentsPermalink





(A) all authorized users of the system have nondiscriminatory access to the system;CommentsClose CommentsPermalink





(B) effective competition be maintained in the provision of equipment and services utilized by the system;CommentsClose CommentsPermalink





(C) the corporation established under this Act is organized and operated so as to maintain and strengthen competition in the provision of health information services to the public; andCommentsClose CommentsPermalink





(D) the activities of the corporation and of the persons or companies participating in the ownership of the corporation is consistent with the Federal antitrust laws.CommentsClose CommentsPermalink





(c) Limitation- Congress declares that it is not the policy of this Act to preclude the private development of health information technologies.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) AUTHORIZED HEALTH INSURERS- The term ‘authorized health insurers’ means health insurance issuers (as defined in section 2791 of the Public Health Service Act) and includes payors for services provided under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.).CommentsClose CommentsPermalink





(2) AUTHORIZED PROVIDERS- The term ‘authorized providers’ means duly licensed or certified health care providers.CommentsClose CommentsPermalink





(3) CORPORATION- The term ‘corporation’ means the corporation authorized by section 5.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of Health and Human Services.CommentsClose CommentsPermalink





(5) SYSTEM- The term ‘system’ means the system of health information and technology established under this Act, with secure retention and sharing among authorized providers, who have access to analytic support to identify and enhance areas where improved quality of care may lower cost, and result in reimbursement rates that can better reflect optimal health care delivery.CommentsClose CommentsPermalink

SEC. 4. FEDERAL COORDINATION, PLANNING, AND REGULATION.

(a) Actions by the Secretary- In order to achieve the policy and carry out the purposes of this Act, the Secretary shall--CommentsClose CommentsPermalink





(1) provide Federal governmental assistance in the planning and development, and provide for the implementation of, a national program for the establishment and operation, as expeditiously as possible, of a national health information technology and privacy system;CommentsClose CommentsPermalink





(2) provide for the continuous review of all phases of the development and operation of the system, including the activities of the corporation;CommentsClose CommentsPermalink





(3) provide for the coordination of the activities of Federal agencies with responsibilities relating to health care information technology, so as to ensure that there is a full and effective compliance at all times with the policies and procedures established under this Act;CommentsClose CommentsPermalink





(4) exercise such supervision over the relationship of the corporation with State and local entities or other entities as may be appropriate to ensure that such relationships shall be consistent with the national interest and policy of the United States as expressed in this Act;CommentsClose CommentsPermalink





(5) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; andCommentsClose CommentsPermalink





(6) provide for incentives for the adoption and use of health information technology that improves the quality and efficiency of patient care.CommentsClose CommentsPermalink





(b) Other Federal Agencies- The Administrator of the Centers for Medicare & Medicaid Services, the National Coordinator for Health Information Technology, the Director of the National Institutes of Health, the chief executive officer of the Veterans Health Administration, and the heads of other relevant Federal agencies, shall, upon request of the corporation--CommentsClose CommentsPermalink





(1) provide advice to the corporation concerning the technical characteristics of the system;CommentsClose CommentsPermalink





(2) provide assistance to the corporation in the conduct of research and development activities relating to the system, including by furnishing to the corporation, upon request, on a reimbursable basis, such services as determined necessary for the most expeditious and economical development of the system; andCommentsClose CommentsPermalink





(3) to the extent feasible, furnish other services, on a reimbursable basis, to the corporation in connection with the establishment and operation of the system.CommentsClose CommentsPermalink





(c) Actions by the Corporation- The corporation shall--CommentsClose CommentsPermalink





(1) develop plans for the technical specifications of all elements of the system, pursuant to the activities described under section 5(f);CommentsClose CommentsPermalink





(2) ensure effective competition, including the use of competitive bidding where appropriate, in the procurement by the corporation of apparatus, equipment, and services required for the establishment and operation of the system;CommentsClose CommentsPermalink





(3) ensure that eligible health care providers have equitable and nondiscriminatory access to--CommentsClose CommentsPermalink





(A) the system in a manner that provides for the payment of reasonable assessment for such use consistent with the ability to pay and the savings and benefits to be anticipated;CommentsClose CommentsPermalink





(B) relevant classifications, practices, regulations, and other terms and conditions relating to the use of the system; andCommentsClose CommentsPermalink





(C) available facilities of the system pursuant to regulations relating to the allocation of such facilities among the users thereof;CommentsClose CommentsPermalink





(4) ensure that the facilities of the system are technically compatible and operationally interconnected with each other and facilitate interoperability among health information systems;CommentsClose CommentsPermalink





(5) prescribe such accounting regulations and systems and, after public hearing and deliberation, engage in such ratemaking procedures as will ensure that any savings made possible by the system are appropriately reflected in rates for access to system services, by license or otherwise for those who utilize or benefit from the system, including the health insurance industry;CommentsClose CommentsPermalink





(6) obtain the approval of the Secretary for the implementation of technical and privacy protection characteristics relating to the operation of the system;CommentsClose CommentsPermalink





(7) authorize, construct, and operate such system facilities, networks, and programs as will best serve the public interest, convenience, and necessity, as determined after consultation with the Secretary; andCommentsClose CommentsPermalink





(8) to the extent feasible, ensure that the system is compatible and interoperable with pre-existing health information technology equipment and systems.CommentsClose CommentsPermalink





(d) Office of the National Coordinator for Health Information Technology-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established within the Office of the Secretary of Health and Human Services an Office of the National Coordinator for Health Information Technology. The Office shall be headed by a National Coordinator appointed by the President, in consultation with the Secretary of Health and Human Services. The National Coordinator shall report directly to the Secretary.CommentsClose CommentsPermalink





(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed as requiring the duplication of Federal efforts with respect to the establishment of the Office of the National Coordinator for Health Information Technology, regardless of whether such efforts are carried out before or after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 5. NATIONAL CORPORATION FOR HEALTH INFORMATION TECHNOLOGY AND PRIVACY.

(a) Establishment- There is authorized to be established a nonprofit national health information technology and privacy corporation which shall not be an agency or establishment of the United States. The corporation shall be subject to the provisions of this Act.CommentsClose CommentsPermalink





(b) Incorporation- Not later than 180 days after the date of enactment of this Act, the President, by and with the advice and consent of the Senate, shall appoint 9 incorporators of the corporation who shall serve as the initial board of directors until their successors are elected in accordance with subsection (c). Such incorporators shall take whatever actions are necessary to establish the corporation, including the filing of articles of incorporation, as approved by the President.CommentsClose CommentsPermalink





(c) Board of Directors-CommentsClose CommentsPermalink





(1) IN GENERAL- The corporation shall have a bipartisan board of directors that shall consist of 9 individuals who shall be citizens of the United States and be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





(2) TERMS- The terms of service of the members of the board of directors shall be 3 years or until such time as their successors have been appointed, except that of the first 9 members of the board appointed under subsection (b), 3 each shall serve for terms of 3, 4, and 5 years, respectively as designated by the President. Any member of the board appointed to fill a vacancy shall be appointed only for the unexpired term of the member which he or she is succeeding. A member may not serve consecutive terms.CommentsClose CommentsPermalink





(3) CHAIRPERSON- The members of the board of directors of the corporation shall at its first meeting and annually thereafter elect a member to serve as the chairperson of the board.CommentsClose CommentsPermalink





(d) Chief Privacy Officer and Other Officers-CommentsClose CommentsPermalink





(1) CHIEF PRIVACY OFFICER-CommentsClose CommentsPermalink





(A) IN GENERAL- The president of the Corporation, in consultation with the board of directors, shall appoint a chief privacy officer of the corporation to ensure the confidentiality and security of patient medical records.CommentsClose CommentsPermalink





(B) DUTIES- The chief privacy officer of the corporation shall--CommentsClose CommentsPermalink





(i) ensure that the use of technologies by the corporation sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;CommentsClose CommentsPermalink





(ii) ensure that personal information contained in any records maintained as part of the technology and privacy system is maintained in full compliance with fair information practices as contained in the Privacy Act of 1974;CommentsClose CommentsPermalink





(iii) evaluate legislative and regulatory proposals involving the collection, use, and disclosure of personal information by the Federal Government;CommentsClose CommentsPermalink





(iv) Conduct a privacy impact assessment of proposed rules and procedures of the corporation on the privacy of personal information, including the type of personal information collected and the number of individuals affected; andCommentsClose CommentsPermalink





(v) submit annually to Congress a report on activities of the corporation that affect privacy.CommentsClose CommentsPermalink





(2) OTHER OFFICERS- The corporation shall have a president, and such other officers as may be appointed by the board of directors, who shall be compensated at rates fixed by the board and serve at the pleasure of the board. No officer of the corporation shall receive any salary from any source other than the corporation during the period of employment by the corporation.CommentsClose CommentsPermalink





(e) Financing- The corporation is authorized to issue bonds, debentures, and such other financings or certificates of indebtedness as the board of directors determines appropriate to carry out its duties under this Act.CommentsClose CommentsPermalink





(f) Authorized Activities-CommentsClose CommentsPermalink





(1) GENERAL ACTIVITIES- In order to achieve the objectives and to carry out the purposes of this Act, the corporation is authorized to--CommentsClose CommentsPermalink





(A) plan, initiate, construct, own, manage, and operate itself or in conjunction with State and local governments or business entities, a national health information technology and privacy system;CommentsClose CommentsPermalink





(B) furnish, for fees where appropriate and subject to licenses and confidentiality and security requirements, access to individuals, and to authorized providers and payers of health care services;CommentsClose CommentsPermalink





(C) specify rules for allowing access (in accordance with applicable privacy laws) to nonidentifiable health care data for public health and research purposes; andCommentsClose CommentsPermalink





(D) own and operate such facilities as may be required to achieve the purposes of this Act.CommentsClose CommentsPermalink





(2) OTHER ACTIVITIES- In addition to the activities authorized under paragraph (1), the corporation, to accomplish the purposes of this Act, may--CommentsClose CommentsPermalink





(A) conduct, or enter into contracts for the conduct of, research and development activities related to the mission of the corporation;CommentsClose CommentsPermalink





(B) acquire the physical facilities, equipment, and devices necessary for the operations of the corporation, including health information technologies and associated equipment and facilities, whether by construction, purchase, or gift;CommentsClose CommentsPermalink





(C) purchase or otherwise acquire health information and related services from the United States Government; andCommentsClose CommentsPermalink





(D) enter into contracts with authorized users of health information, including the United States Government, for the use of the services of the system.CommentsClose CommentsPermalink





(g) American Health Information Community- Nothing in this section shall be construed to prohibit the American Health Information Community (or any successor entity) from serving as the corporation under this section.CommentsClose CommentsPermalink





(h) Termination- The corporation shall terminate on the date that is 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 6. BUSINESS PLAN AND ANNUAL REPORT.

(a) Business Plan- Not later than 6 months after the date on which the corporation is incorporated under section 5, the corporation shall file with the President and Congress its initial business plan.CommentsClose CommentsPermalink





(b) Annual Report- Not later than 1 year after the date on which the corporation is incorporated under section 5, and each January 1 thereafter, the corporation shall prepare and submit to Congress a report that shall include a comprehensive description of the activities and accomplishments during the year for which the report is prepared under this Act, together with an evaluation of such activities and accomplishments in terms of the attainment of the purposes of this Act. Each such report shall include any recommendations of the corporation for additional legislative or other action which the corporation may consider necessary or desirable for the attainment of such objectives.CommentsClose CommentsPermalink





(c) Audits- The corporation shall be subject to such external audits as may be determined appropriate by the Secretary.CommentsClose CommentsPermalink

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2010 through 2019.CommentsClose CommentsPermalink