Bill Text: IA HSB100 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the Iowa health information network, and including effective date provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-02-19 - Voted - Human Resources. [HSB100 Detail]
Download: Iowa-2015-HSB100-Introduced.html
House
Study
Bill
100
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
HEALTH
BILL)
A
BILL
FOR
An
Act
relating
to
the
Iowa
health
information
network,
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1221XD
(8)
86
pf/nh
S.F.
_____
H.F.
_____
DIVISION
I
1
IOWA
HEALTH
INFORMATION
NETWORK
——
FUTURE
ADMINISTRATION
BY
2
DESIGNATED
ENTITY
3
Section
1.
NEW
SECTION
.
135D.1
Short
title.
4
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
5
Health
Information
Network
Act”
.
6
Sec.
2.
NEW
SECTION
.
135D.2
Definitions.
7
As
used
in
this
chapter,
unless
the
context
otherwise
8
requires:
9
1.
“Board
of
directors”
or
“board”
means
the
entity
that
10
governs
and
administers
the
Iowa
health
information
network.
11
2.
“Care
coordination”
means
the
management
of
all
aspects
12
of
a
patient’s
care
to
improve
health
care
quality.
13
3.
“Department”
means
the
department
of
public
health.
14
4.
“Designated
entity”
means
the
nonprofit
corporation
15
designated
by
the
department
through
a
competitive
process
as
16
the
entity
responsible
for
administering
and
governing
the
Iowa
17
health
information
network.
18
5.
“Exchange”
means
the
authorized
electronic
sharing
of
19
health
information
between
health
care
professionals,
payors,
20
consumers,
public
health
agencies,
the
designated
entity,
the
21
department,
and
other
authorized
participants
utilizing
the
22
Iowa
health
information
network
and
Iowa
health
information
23
network
services.
24
6.
“Health
care
professional”
means
a
person
who
is
25
licensed,
certified,
or
otherwise
authorized
or
permitted
by
26
the
law
of
this
state
to
administer
health
care
in
the
ordinary
27
course
of
business
or
in
the
practice
of
a
profession.
28
7.
“Health
information”
means
health
information
as
defined
29
in
45
C.F.R.
§160.103
that
is
created
or
received
by
an
30
authorized
participant.
31
8.
“Health
information
technology”
means
the
application
32
of
information
processing,
involving
both
computer
hardware
33
and
software,
that
deals
with
the
storage,
retrieval,
sharing,
34
and
use
of
health
care
information,
data,
and
knowledge
for
35
-1-
LSB
1221XD
(8)
86
pf/nh
1/
16
S.F.
_____
H.F.
_____
communication,
decision
making,
quality,
safety,
and
efficiency
1
of
clinical
practice,
and
may
include
but
is
not
limited
to:
2
a.
An
electronic
health
record
that
electronically
compiles
3
and
maintains
health
information
that
may
be
derived
from
4
multiple
sources
about
the
health
status
of
an
individual
and
5
may
include
a
core
subset
of
each
care
delivery
organization’s
6
electronic
medical
record
such
as
a
continuity
of
care
record
7
or
a
continuity
of
care
document,
computerized
physician
order
8
entry,
electronic
prescribing,
or
clinical
decision
support.
9
b.
A
personal
health
record
through
which
an
individual
and
10
any
other
person
authorized
by
the
individual
can
maintain
and
11
manage
the
individual’s
health
information.
12
c.
An
electronic
medical
record
that
is
used
by
health
care
13
professionals
to
electronically
document,
monitor,
and
manage
14
health
care
delivery
within
a
care
delivery
organization,
is
15
the
legal
record
of
the
patient’s
encounter
with
the
care
16
delivery
organization,
and
is
owned
by
the
care
delivery
17
organization.
18
d.
A
computerized
provider
order
entry
function
that
permits
19
the
electronic
ordering
of
diagnostic
and
treatment
services,
20
including
prescription
drugs.
21
e.
A
decision
support
function
to
assist
physicians
and
22
other
health
care
providers
in
making
clinical
decisions
by
23
providing
electronic
alerts
and
reminders
to
improve
compliance
24
with
best
practices,
promote
regular
screenings
and
other
25
preventive
practices,
and
facilitate
diagnosis
and
treatments.
26
f.
Tools
to
allow
for
the
collection,
analysis,
and
27
reporting
of
information
or
data
on
adverse
events,
the
quality
28
and
efficiency
of
care,
patient
satisfaction,
and
other
health
29
care-related
performance
measures.
30
9.
“Health
Insurance
Portability
and
Accountability
Act”
31
or
“HIPAA”
means
the
federal
Health
Insurance
Portability
and
32
Accountability
Act
of
1996,
Pub.
L.
No.
104-191,
including
33
amendments
thereto
and
regulations
promulgated
thereunder.
34
10.
“Hospital”
means
a
licensed
hospital
as
defined
in
35
-2-
LSB
1221XD
(8)
86
pf/nh
2/
16
S.F.
_____
H.F.
_____
section
135B.1.
1
11.
“Interoperability”
means
the
ability
of
two
or
more
2
systems
or
components
to
exchange
information
or
data
in
an
3
accurate,
effective,
secure,
and
consistent
manner
and
to
use
4
the
information
or
data
that
has
been
exchanged
and
includes
5
but
is
not
limited
to:
6
a.
The
capacity
to
connect
to
a
network
for
the
purpose
of
7
exchanging
information
or
data
with
other
users.
8
b.
The
ability
of
a
connected,
authenticated
user
to
9
demonstrate
appropriate
permissions
to
participate
in
the
10
instant
transaction
over
the
network.
11
c.
The
capacity
of
a
connected,
authenticated
user
to
12
access,
transmit,
receive,
and
exchange
usable
information
with
13
other
users.
14
12.
“Iowa
health
information
network”
or
“network”
means
the
15
statewide
health
information
technology
network
that
is
the
16
sole
statewide
network
for
Iowa
pursuant
to
this
chapter.
17
13.
“Iowa
Medicaid
enterprise”
means
the
centralized
18
medical
assistance
program
infrastructure,
based
on
a
business
19
enterprise
model,
and
designed
to
foster
collaboration
among
20
all
program
stakeholders
by
focusing
on
quality,
integrity,
and
21
consistency.
22
14.
“Participant”
means
an
authorized
health
care
23
professional,
payor,
patient,
health
care
organization,
public
24
health
agency,
or
the
department
that
has
agreed
to
authorize,
25
submit,
access,
or
disclose
health
information
through
the
Iowa
26
health
information
network
in
accordance
with
this
chapter
27
and
all
applicable
laws,
rules,
agreements,
policies,
and
28
standards.
29
15.
“Patient”
means
a
person
who
has
received
or
is
30
receiving
health
services
from
a
health
care
professional.
31
16.
“Payor”
means
a
person
who
makes
payments
for
health
32
services,
including
but
not
limited
to
an
insurance
company,
33
self-insured
employer,
government
program,
individual,
or
other
34
purchaser
that
makes
such
payments.
35
-3-
LSB
1221XD
(8)
86
pf/nh
3/
16
S.F.
_____
H.F.
_____
17.
“Protected
health
information”
means
protected
health
1
information
as
defined
in
45
C.F.R.
§160.103
that
is
created
or
2
received
by
an
authorized
participant.
3
18.
“Public
health
activities”
means
actions
taken
by
a
4
participant
in
its
capacity
as
a
public
health
authority
under
5
the
Health
Insurance
Portability
and
Accountability
Act
or
as
6
required
or
permitted
by
other
federal
or
state
law.
7
19.
“Public
health
agency”
means
an
entity
that
is
governed
8
by
or
contractually
responsible
to
a
local
board
of
health
or
9
the
department
to
provide
services
focused
on
the
health
status
10
of
population
groups
and
their
environments.
11
20.
“Record
locator
service”
means
the
functionality
of
the
12
Iowa
health
information
network
that
queries
data
sources
to
13
locate
and
identify
potential
patient
records.
14
Sec.
3.
NEW
SECTION
.
135D.3
Iowa
health
information
network
15
——
findings
and
intent.
16
1.
The
general
assembly
finds
all
of
the
following:
17
a.
Technology
used
to
support
health
care-related
functions
18
is
known
as
health
information
technology.
Health
information
19
technology
provides
a
mechanism
to
transform
the
delivery
of
20
health
and
medical
care
in
Iowa
and
across
the
nation.
21
b.
Health
information
technology
is
rapidly
evolving
to
22
contribute
to
the
goals
of
improving
the
experience
of
care,
23
improving
the
health
of
populations,
and
reducing
per
capita
24
costs
of
health
care.
25
c.
A
health
information
network
involves
the
secure
26
electronic
sharing
of
health
information
across
the
boundaries
27
of
individual
practice
and
institutional
health
settings
and
28
with
consumers.
The
broad
use
of
health
information
technology
29
and
a
health
information
network
should
improve
health
care
30
quality
and
the
overall
health
of
the
population,
increase
31
efficiencies
in
administrative
health
care,
reduce
unnecessary
32
health
care
costs,
and
help
prevent
medical
errors.
33
d.
All
health
information
technology
efforts
shall
endeavor
34
to
represent
the
interests
and
meet
the
needs
of
consumers
and
35
-4-
LSB
1221XD
(8)
86
pf/nh
4/
16
S.F.
_____
H.F.
_____
the
health
care
sector,
protect
the
privacy
of
individuals
1
and
the
confidentiality
of
individuals’
information,
promote
2
best
practices,
and
make
information
easily
accessible
to
3
the
members
of
the
patient-centered
care
coordination
team,
4
including
but
not
limited
to
patients,
providers,
and
payors.
5
2.
It
is
the
intent
of
the
general
assembly
that
the
Iowa
6
health
information
network
shall
not
constitute
a
health
7
benefit
network
or
a
health
insurance
network.
8
Sec.
4.
NEW
SECTION
.
135D.4
Iowa
health
information
network
9
——
principles
——
technical
infrastructure
requirements.
10
1.
The
Iowa
health
information
network
shall
be
11
administered
and
governed
by
a
designated
entity
using,
at
a
12
minimum,
the
following
principles:
13
a.
Be
patient-centered
and
market-driven.
14
b.
Comply
with
established
national
standards.
15
c.
Protect
the
privacy
of
consumers
and
the
security
and
16
confidentiality
of
all
health
information.
17
d.
Promote
interoperability.
18
e.
Increase
the
accuracy,
completeness,
and
uniformity
of
19
data.
20
f.
Preserve
the
choice
of
the
patient
to
have
the
patient’s
21
health
information
available
through
the
record
locator
22
service.
23
g.
Provide
education
to
the
general
public
and
provider
24
communities
on
the
value
and
benefits
of
health
information
25
technology.
26
2.
Widespread
adoption
of
health
information
technology
is
27
critical
to
a
successful
Iowa
health
information
network
and
is
28
best
achieved
when
all
of
the
following
occur:
29
a.
The
network,
through
the
designated
entity
complying
30
with
chapter
504
and
reporting
as
required
under
this
chapter,
31
operates
in
an
entrepreneurial
and
businesslike
manner
in
which
32
it
is
accountable
to
all
participants
utilizing
the
network’s
33
products
and
services.
34
b.
The
network
provides
a
variety
of
services
from
which
to
35
-5-
LSB
1221XD
(8)
86
pf/nh
5/
16
S.F.
_____
H.F.
_____
choose
in
order
to
best
fit
the
needs
of
the
user.
1
c.
The
network
is
financed
by
all
who
benefit
from
the
2
improved
quality,
efficiency,
savings,
and
other
benefits
that
3
result
from
use
of
health
information
technology.
4
d.
The
network
is
operated
with
integrity
and
freedom
from
5
political
influence.
6
3.
The
Iowa
health
information
network
technical
7
infrastructure
shall
provide
a
mechanism
for
all
of
the
8
following:
9
a.
The
facilitation
and
support
of
the
secure
electronic
10
exchange
of
health
information
between
participants.
11
b.
Participants
without
an
electronic
health
records
system
12
to
access
health
information
from
the
Iowa
health
information
13
network.
14
4.
Nothing
in
this
chapter
shall
be
interpreted
to
15
impede
or
preclude
the
formation
and
operation
of
regional,
16
population-specific,
or
local
health
information
networks
17
or
the
participation
of
such
networks
in
the
Iowa
health
18
information
network.
19
Sec.
5.
NEW
SECTION
.
135D.5
Designated
entity
——
20
administration
and
governance.
21
1.
The
Iowa
health
information
network
shall
be
22
administered
and
governed
by
a
designated
entity
selected
by
23
the
department
through
a
competitive
process.
The
designated
24
entity
shall
be
established
as
a
nonprofit
corporation
25
organized
under
chapter
504.
Unless
otherwise
provided
in
26
this
chapter,
the
corporation
is
subject
to
the
provisions
of
27
chapter
504.
The
designated
entity
shall
be
established
for
28
the
purpose
of
administering
and
governing
the
statewide
Iowa
29
health
information
network.
30
2.
The
designated
entity
shall
collaborate
with
the
31
department,
but
the
designated
entity
shall
not
be
considered,
32
in
whole
or
in
part,
an
agency,
department,
or
administrative
33
unit
of
the
state.
34
a.
The
designated
entity
shall
not
be
required
to
comply
35
-6-
LSB
1221XD
(8)
86
pf/nh
6/
16
S.F.
_____
H.F.
_____
with
any
requirements
that
apply
to
a
state
agency,
department,
1
or
administrative
unit
and
shall
not
exercise
any
sovereign
2
power
of
the
state.
3
b.
The
designated
entity
does
not
have
authority
to
pledge
4
the
credit
of
the
state.
The
assets
and
liabilities
of
5
the
designated
entity
shall
be
separate
from
the
assets
and
6
liabilities
of
the
state
and
the
state
shall
not
be
liable
7
for
the
debts
or
obligations
of
the
designated
entity.
All
8
debts
and
obligations
of
the
designated
entity
shall
be
payable
9
solely
from
the
designated
entity’s
funds.
The
state
shall
10
not
guarantee
any
obligation
of
or
have
any
obligation
to
the
11
designated
entity.
12
3.
The
articles
of
incorporation
of
the
designated
entity
13
shall
provide
for
its
governance
and
its
efficient
management.
14
In
providing
for
its
governance,
the
articles
of
the
designated
15
entity
shall
address
the
following:
16
a.
A
board
of
directors
to
govern
the
designated
entity.
17
b.
The
appointment
of
a
chief
executive
officer
by
the
board
18
to
manage
the
designated
entity’s
daily
operations.
19
c.
The
delegation
of
such
powers
and
responsibilities
to
the
20
chief
executive
officer
as
may
be
necessary
for
the
designated
21
entity’s
efficient
operation.
22
d.
The
employment
of
personnel
necessary
for
the
efficient
23
performance
of
the
duties
assigned
to
the
designated
entity.
24
All
such
personnel
shall
be
considered
employees
of
a
private,
25
nonprofit
corporation
and
shall
be
exempt
from
the
personnel
26
requirements
imposed
on
state
agencies,
departments,
and
27
administrative
units.
28
e.
The
financial
operations
of
the
designated
entity
29
including
the
authority
to
receive
and
expend
funds
from
public
30
and
private
sources
and
to
use
its
property,
money,
or
other
31
resources
for
the
purpose
of
the
designated
entity.
32
Sec.
6.
NEW
SECTION
.
135D.6
Board
of
directors
——
33
composition
——
duties.
34
1.
The
designated
entity
shall
be
administered
by
a
board
35
-7-
LSB
1221XD
(8)
86
pf/nh
7/
16
S.F.
_____
H.F.
_____
of
directors.
1
2.
A
single
industry
shall
not
be
disproportionately
2
represented
as
voting
members
of
the
board.
The
board
shall
3
include
at
least
one
member
who
is
a
consumer
of
health
4
services
and
a
majority
of
the
voting
members
of
the
board
5
shall
be
representative
of
participants
in
the
Iowa
health
6
information
network.
The
director
of
public
health
or
the
7
director’s
designee
and
the
director
of
the
Iowa
Medicaid
8
enterprise
or
the
director’s
designee
shall
act
as
voting
9
members
of
the
board.
The
commissioner
of
insurance
shall
act
10
as
an
ex
officio,
nonvoting
member
of
the
board.
Individuals
11
serving
in
an
ex
officio,
nonvoting
capacity
shall
not
be
12
included
in
the
total
number
of
individuals
authorized
as
13
members
of
the
board.
14
3.
The
board
of
directors
shall
do
all
of
the
following:
15
a.
Ensure
that
the
designated
entity
enters
into
contracts
16
with
each
state
agency
necessary
for
state
reporting
17
requirements.
18
b.
Develop,
implement,
and
enforce
the
following:
19
(1)
A
single
patient
identifier
or
alternative
mechanism
to
20
share
secure
patient
information
that
is
utilized
by
all
health
21
care
professionals.
22
(2)
Standards,
requirements,
policies,
and
procedures
for
23
access
to,
use,
secondary
use,
privacy,
and
security
of
health
24
information
exchanged
through
the
Iowa
health
information
25
network,
consistent
with
applicable
federal
and
state
standards
26
and
laws.
27
c.
Direct
a
public
and
private
collaborative
effort
to
28
promote
the
adoption
and
use
of
health
information
technology
29
in
the
state
to
improve
health
care
quality,
increase
patient
30
safety,
reduce
health
care
costs,
enhance
public
health,
31
and
empower
individuals
and
health
care
professionals
with
32
comprehensive,
real-time
medical
information
to
provide
33
continuity
of
care
and
make
the
best
health
care
decisions.
34
d.
Educate
the
public
and
the
health
care
sector
about
35
-8-
LSB
1221XD
(8)
86
pf/nh
8/
16
S.F.
_____
H.F.
_____
the
value
of
health
information
technology
in
improving
1
patient
care,
and
methods
to
promote
increased
support
and
2
collaboration
of
state
and
local
public
health
agencies,
3
health
care
professionals,
and
consumers
in
health
information
4
technology
initiatives.
5
e.
Work
to
align
interstate
and
intrastate
interoperability
6
standards
in
accordance
with
national
health
information
7
exchange
standards.
8
f.
Provide
an
annual
budget
and
fiscal
report
for
the
Iowa
9
health
information
network
to
the
governor,
the
department
10
of
public
health,
the
department
of
management,
the
chairs
11
and
ranking
members
of
the
legislative
government
oversight
12
standing
committees,
and
the
legislative
services
agency.
13
The
report
shall
also
include
information
about
the
services
14
provided
through
the
network
and
information
on
the
participant
15
usage
of
the
network.
16
Sec.
7.
NEW
SECTION
.
135D.7
Legal
and
policy
——
liability
17
——
confidentiality.
18
1.
The
board
shall
implement
industry-accepted
security
19
standards,
policies,
and
procedures
to
protect
the
transmission
20
and
receipt
of
protected
health
information
exchanged
through
21
the
Iowa
health
information
network,
which
shall,
at
a
minimum,
22
comply
with
HIPAA
and
shall
include
all
of
the
following:
23
a.
A
secure
and
traceable
electronic
audit
system
to
24
document
and
monitor
the
sender
and
recipient
of
health
25
information
exchanged
through
the
Iowa
health
information
26
network.
27
b.
A
required
standard
participation
agreement
which
28
defines
the
minimum
privacy
and
security
obligations
of
all
29
participants
using
the
Iowa
health
information
network
and
30
services
available
through
the
Iowa
health
information
network.
31
c.
The
opportunity
for
a
patient
to
decline
exchange
of
the
32
patient’s
health
information
through
the
record
locator
service
33
of
the
Iowa
health
information
network.
34
(1)
A
patient
shall
not
be
denied
care
or
treatment
for
35
-9-
LSB
1221XD
(8)
86
pf/nh
9/
16
S.F.
_____
H.F.
_____
declining
to
exchange
the
patient’s
health
information,
in
1
whole
or
in
part,
through
the
network.
2
(2)
The
board
shall
provide
the
means
and
process
by
which
3
a
patient
may
decline
participation.
The
means
and
process
4
utilized
shall
minimize
the
burden
on
patients
and
health
care
5
professionals.
6
(3)
Unless
otherwise
authorized
by
law
or
rule,
a
patient’s
7
decision
to
decline
participation
means
that
none
of
the
8
patient’s
health
information
shall
be
accessible
through
the
9
record
locator
service
function
of
the
Iowa
health
information
10
network.
A
patient’s
decision
to
decline
having
health
11
information
shared
through
the
record
locator
service
function
12
shall
not
limit
a
health
care
professional
with
whom
the
13
patient
has
or
is
considering
a
treatment
relationship
from
14
sharing
health
information
concerning
the
patient
through
15
the
secure
messaging
function
of
the
Iowa
health
information
16
network.
17
(4)
A
patient
who
declines
participation
in
the
Iowa
health
18
information
network
may
later
decide
to
have
health
information
19
shared
through
the
network.
A
patient
who
is
participating
in
20
the
network
may
later
decline
participation
in
the
network.
21
2.
A
participant
shall
not
be
compelled
by
subpoena,
court
22
order,
or
other
process
of
law
to
access
health
information
23
through
the
Iowa
health
information
network
in
order
to
gather
24
records
or
information
not
created
by
the
participant.
25
3.
A
participant
exchanging
health
information
and
data
26
through
the
Iowa
health
information
network
shall
grant
to
27
other
participants
of
the
network
a
nonexclusive
license
to
28
retrieve
and
use
that
information
in
accordance
with
applicable
29
state
and
federal
laws,
and
the
policies
and
standards
30
established
by
the
board.
31
4.
A
health
care
professional
who
relies
reasonably
and
32
in
good
faith
upon
any
health
information
provided
through
33
the
Iowa
health
information
network
in
treatment
of
a
patient
34
who
is
the
subject
of
the
health
information
shall
be
immune
35
-10-
LSB
1221XD
(8)
86
pf/nh
10/
16
S.F.
_____
H.F.
_____
from
criminal
or
civil
liability
arising
from
the
damages
1
caused
by
such
reasonable,
good-faith
reliance.
Such
immunity
2
shall
not
apply
to
acts
or
omissions
constituting
negligence,
3
recklessness,
or
intentional
misconduct.
4
5.
A
participant
who
has
disclosed
health
information
5
through
the
Iowa
health
information
network
in
compliance
with
6
applicable
law
and
the
standards,
requirements,
policies,
7
procedures,
and
agreements
of
the
network
shall
not
be
subject
8
to
criminal
or
civil
liability
for
the
use
or
disclosure
of
the
9
health
information
by
another
participant.
10
6.
The
following
records
shall
be
confidential
records
11
pursuant
to
chapter
22,
unless
otherwise
ordered
by
a
court
or
12
consented
to
by
the
patient
or
by
a
person
duly
authorized
to
13
release
such
information:
14
a.
The
health
information
contained
in,
stored
in,
submitted
15
to,
transferred
or
exchanged
by,
or
released
from
the
Iowa
16
health
information
network.
17
b.
Any
health
information
in
the
possession
of
the
board
due
18
to
its
administration
of
the
Iowa
health
information
network.
19
7.
Unless
otherwise
provided
in
this
chapter,
when
sharing
20
health
information
through
the
Iowa
health
information
network
21
or
a
private
health
information
network
maintained
in
this
22
state
that
complies
with
the
privacy
and
security
requirements
23
of
this
chapter
for
the
purposes
of
patient
treatment,
payment
24
or
health
care
operations,
as
such
terms
are
defined
in
25
HIPAA,
or
for
the
purposes
of
public
health
activities
or
26
care
coordination,
a
participant
authorized
by
the
designated
27
entity
to
use
the
record
locator
service
is
exempt
from
any
28
other
state
law
that
is
more
restrictive
than
HIPAA
that
would
29
otherwise
prevent
or
hinder
the
exchange
of
patient
information
30
by
the
participant.
31
8.
A
patient
aggrieved
or
adversely
affected
by
the
32
designated
entity’s
failure
to
comply
with
subsection
1,
33
paragraph
“c”
,
may
bring
a
civil
action
for
equitable
relief
as
34
the
court
deems
appropriate.
35
-11-
LSB
1221XD
(8)
86
pf/nh
11/
16
S.F.
_____
H.F.
_____
Sec.
8.
REPEAL.
Sections
135.154,
135.155,
135.155A,
1
135.156,
135.156A,
135.156B,
135.156C,
135.156D,
135.156E,
2
and
135.156F,
are
repealed
upon
the
assumption
of
the
3
administration
and
governance,
including
but
not
limited
to
the
4
assumption
of
the
assets
and
liabilities,
of
the
Iowa
health
5
information
network
by
the
designated
entity.
The
department
6
of
public
health
shall
notify
the
Code
editor
of
the
date
of
7
such
assumption
by
the
designated
entity.
8
Sec.
9.
EFFECTIVE
DATES.
This
division
of
this
Act
9
takes
effect
upon
the
assumption
of
the
administration
and
10
governance,
including
but
not
limited
to
the
assumption
of
the
11
assets
and
liabilities,
of
the
Iowa
health
information
network
12
by
the
designated
entity.
The
department
of
public
health
13
shall
notify
the
Code
editor
of
the
date
of
such
assumption
by
14
the
designated
entity.
15
DIVISION
II
16
SELECTION
OF
DESIGNATED
ENTITY
17
AND
TRANSITION
PROVISIONS
18
Sec.
10.
Section
135.154,
Code
2015,
is
amended
by
adding
19
the
following
new
subsections:
20
NEW
SUBSECTION
.
3A.
“Care
coordination”
means
the
21
management
of
all
aspects
of
a
patient’s
care
to
improve
health
22
care
quality.
23
NEW
SUBSECTION
.
19A.
“Public
health
activities”
means
24
actions
taken
by
a
participant
in
its
capacity
as
a
public
25
health
authority
under
the
Health
Insurance
Portability
and
26
Accountability
Act
or
as
required
or
permitted
by
other
federal
27
or
state
law.
28
NEW
SUBSECTION
.
23.
“Record
locator
service”
means
the
29
functionality
of
the
Iowa
health
information
network
that
30
queries
data
sources
to
locate
and
identify
potential
patient
31
records.
32
Sec.
11.
Section
135.155,
subsection
2,
Code
2015,
is
33
amended
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
f.
Preserve
the
choice
of
the
patient
to
35
-12-
LSB
1221XD
(8)
86
pf/nh
12/
16
S.F.
_____
H.F.
_____
have
the
patient’s
health
information
available
through
the
1
record
locator
service.
2
Sec.
12.
Section
135.156E,
subsections
2
and
13,
Code
2015,
3
are
amended
to
read
as
follows:
4
2.
A
patient
shall
have
the
opportunity
to
decline
exchange
5
of
the
patient’s
health
information
through
the
record
locator
6
service
of
the
Iowa
health
information
network.
A
patient
7
shall
not
be
denied
care
or
treatment
for
declining
to
exchange
8
the
patient’s
health
information,
in
whole
or
in
part,
through
9
the
record
locator
service
of
the
Iowa
health
information
10
network.
The
board
shall
provide
by
rule
the
means
and
process
11
by
which
patients
may
decline
participation.
The
means
and
12
process
utilized
under
the
rules
shall
minimize
the
burden
on
13
patients
and
health
care
professionals.
14
13.
Unless
otherwise
provided
in
this
division
,
when
15
using
sharing
health
information
through
the
Iowa
health
16
information
network
or
a
private
health
information
network
17
maintained
in
this
state
that
complies
with
the
privacy
and
18
security
requirements
of
this
chapter
for
the
purposes
of
19
patient
treatment,
payment,
or
health
care
operations,
as
20
such
terms
are
defined
in
the
Health
Insurance
Portability
21
and
Accountability
Act,
or
for
the
purposes
of
public
health
22
activities
or
care
coordination,
a
health
care
professional
23
or
a
hospital
participant
authorized
to
use
the
record
24
locator
service
is
exempt
from
any
other
state
law
that
is
25
more
restrictive
than
the
Health
Insurance
Portability
and
26
Accountability
Act
that
would
otherwise
prevent
or
hinder
the
27
exchange
of
patient
information
by
the
patient’s
health
care
28
professional
or
hospital
such
participant
.
29
Sec.
13.
SELECTION
OF
A
DESIGNATED
ENTITY.
The
department
30
of
public
health
shall
utilize
a
competitive
process
to
select
31
a
designated
entity
to
administer
and
govern
the
Iowa
health
32
information
network.
33
Sec.
14.
CONTINUATION
OF
PARTICIPATION
AGREEMENTS.
If
34
the
department
of
public
health
selects
a
designated
entity
35
-13-
LSB
1221XD
(8)
86
pf/nh
13/
16
S.F.
_____
H.F.
_____
pursuant
to
this
division
of
this
Act,
the
designated
entity
1
shall
continue
any
agreement
between
an
authorized
participant
2
and
the
Iowa
health
information
network
existing
upon
the
3
transition
of
the
assumption
of
the
administration
and
4
governance,
including
but
not
limited
to
the
assumption
of
5
the
assets
and
liabilities
of
the
Iowa
health
information
6
network
by
the
designated
entity,
under
the
same
terms
through
7
completion
of
the
original
agreement
period.
8
Sec.
15.
IOWA
HEALTH
INFORMATION
NETWORK
FUND.
If
the
9
department
of
public
health
selects
a
designated
entity
10
pursuant
to
this
division
of
this
Act,
any
moneys
remaining
11
in
the
Iowa
health
information
network
fund
established
12
pursuant
to
section
135.156C,
Code
2015,
that
are
obligated
or
13
encumbered
for
expenses
related
to
the
Iowa
health
information
14
network
prior
to
the
assumption
of
the
administration
and
15
governance,
including
but
not
limited
to
the
assumption
of
the
16
assets
and
liabilities,
of
the
Iowa
health
information
network
17
by
the
designated
entity,
shall
be
retained
by
the
department.
18
The
remainder
of
the
moneys
in
the
fund
shall
be
transferred
to
19
the
designated
entity
upon
the
assumption
of
the
administration
20
and
governance
of
the
Iowa
health
information
network.
21
Sec.
16.
TRANSFER
OF
ASSETS
AND
LIABILITIES
AND
22
ADMINISTRATIVE
RESPONSIBILITIES
TO
THE
DESIGNATED
ENTITY.
If
23
the
department
of
public
health
selects
a
designated
entity
24
pursuant
to
this
division
of
this
Act,
the
department
shall
25
continue
to
provide
administrative
support
to
the
Iowa
health
26
information
network
as
provided
in
section
135.156,
Code
27
2015,
until
such
time
as
the
designated
entity
assumes
such
28
responsibilities.
Upon
selection
of
the
designated
entity,
the
29
assets
and
liabilities
of
the
Iowa
health
information
network
30
shall
be
transferred
to
the
designated
entity.
31
Sec.
17.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
32
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
33
enactment.
34
EXPLANATION
35
-14-
LSB
1221XD
(8)
86
pf/nh
14/
16
S.F.
_____
H.F.
_____
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
provides
for
the
administration
and
governance
of
3
an
Iowa
health
information
network
by
a
nonprofit
designated
4
entity.
The
bill
creates
a
new
Code
chapter,
135D,
the
Iowa
5
health
information
network.
The
new
Code
chapter
includes
6
many
of
the
same
provisions
existing
under
Code
chapter
7
135,
division
XXI,
which
provides
for
the
administration
and
8
governance
of
the
Iowa
health
information
network
by
the
9
department
of
public
health,
an
electronic
health
information
10
advisory
council,
and
an
executive
committee.
The
bill
instead
11
places
these
functions
under
a
designated
entity,
which
is
a
12
nonprofit
corporation
designated
by
the
department
through
a
13
competitive
process
as
the
entity
responsible
for
administering
14
and
governing
the
network.
The
bill
includes
definitions,
15
findings
and
intent,
principles
and
technical
infrastructure
16
requirements,
requirements
for
administration
and
governance
17
by
the
designated
entity,
requirements
for
the
composition
and
18
duties
of
the
board
of
directors
of
the
designated
entity,
and
19
legal
and
policy
requirements.
These
provisions
take
effect
20
only
upon
the
assumption
of
the
administration
and
governance
21
of
the
network
by
the
designated
entity.
22
The
bill
makes
changes
to
current
Code
relating
to
the
23
definitions
of
“care
coordination”,
“public
health
activities”,
24
and
“record
locator
service”;
the
sharing
of
patient
health
25
information
available
through
the
record
locator
service;
26
and
the
privacy
and
security
requirements
applicable
to
the
27
sharing
of
patient
information
by
participants
authorized
28
to
use
the
record
locator
service
for
treatments,
payment,
29
health
care
operations,
public
health
activities,
and
care
30
coordination.
The
provisions
are
effective
upon
enactment
and
31
would
continue
in
effect
through
the
transition
period.
The
32
bill
also
provides
for
the
transition
of
the
administration
33
and
governance
of
the
Iowa
health
information
network
to
the
34
designated
entity
and
provides
for
the
repeal
of
the
current
35
-15-
LSB
1221XD
(8)
86
pf/nh
15/
16