Bill Text: MN HF2560 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Home health care agencies exempted from health care information system requirements.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-03-03 - Introduction and first reading, referred to Health and Human Services Policy [HF2560 Detail]

Download: Minnesota-2013-HF2560-Introduced.html

1.1A bill for an act
1.2relating to health; exempting home health care agencies from health care
1.3information system requirements;amending Minnesota Statutes 2012, section
1.462J.498, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 62J.498, subdivision 1, is amended to read:
1.7    Subdivision 1. Definitions. The following definitions apply to sections 62J.498 to
1.862J.4982 :
1.9(a) "Clinical transaction" means any meaningful use transaction that is not covered
1.10by section 62J.536.
1.11(b) "Commissioner" means the commissioner of health.
1.12(c) "Direct health information exchange" means the electronic transmission of
1.13health-related information through a direct connection between the electronic health
1.14record systems of health care providers without the use of a health data intermediary.
1.15(d) "Health care provider" or "provider" means a health care provider or provider as
1.16defined in section 62J.03, subdivision 8.
1.17(e) "Health data intermediary" means an entity that provides the infrastructure to
1.18connect computer systems or other electronic devices used by health care providers,
1.19laboratories, pharmacies, health plans, third-party administrators, or pharmacy benefit
1.20managers to facilitate the secure transmission of health information, including
1.21pharmaceutical electronic data intermediaries as defined in section 62J.495. This does not
1.22include health care providers engaged in direct health information exchange.
1.23(f) "Health information exchange" means the electronic transmission of health-related
1.24information between organizations according to nationally recognized standards.
2.1(g) "Health information exchange service provider" means a health data intermediary
2.2or health information organization that has been issued a certificate of authority by the
2.3commissioner under section 62J.4981.
2.4(h) "Health information organization" means an organization that oversees, governs,
2.5and facilitates the exchange of health-related information among organizations according
2.6to nationally recognized standards.
2.7(i) "HITECH Act" means the Health Information Technology for Economic and
2.8Clinical Health Act as defined in section 62J.495.
2.9(j) "Major participating entity" means:
2.10(1) a participating entity that receives compensation for services that is greater
2.11than 30 percent of the health information organization's gross annual revenues from the
2.12health information exchange service provider;
2.13(2) a participating entity providing administrative, financial, or management services
2.14to the health information organization, if the total payment for all services provided by the
2.15participating entity exceeds three percent of the gross revenue of the health information
2.16organization; and
2.17(3) a participating entity that nominates or appoints 30 percent or more of the board
2.18of directors of the health information organization.
2.19(k) "Meaningful use" means use of certified electronic health record technology that
2.20includes e-prescribing, and is connected in a manner that provides for the electronic
2.21exchange of health information and used for the submission of clinical quality measures
2.22as established by the Center for Medicare and Medicaid Services and the Minnesota
2.23Department of Human Services pursuant to sections 4101, 4102, and 4201 of the HITECH
2.24Act.
2.25(l) "Meaningful use transaction" means an electronic transaction that a health care
2.26provider must exchange to receive Medicare or Medicaid incentives or avoid Medicare
2.27penalties pursuant to sections 4101, 4102, and 4201 of the HITECH Act.
2.28(m) "Participating entity" means any of the following persons, health care providers,
2.29companies, or other organizations with which a health information organization or health
2.30data intermediary has contracts or other agreements for the provision of health information
2.31exchange service providers:
2.32(1) a health care facility licensed under sections 144.50 to 144.56, a nursing home
2.33licensed under sections 144A.02 to 144A.10, and any other health care facility otherwise
2.34licensed under the laws of this state or registered with the commissioner;
2.35(2) a health care provider, and any other health care professional otherwise licensed
2.36under the laws of this state or registered with the commissioner;
3.1(3) a group, professional corporation, or other organization that provides the services
3.2of individuals or entities identified in clause (2), including but not limited to a medical
3.3clinic, a medical group, a home health care agency, an urgent care center, and an emergent
3.4care center, but does not include a group, professional corporation, or other organization
3.5that is a home care provider as defined under section 144A.43, subdivision 4;
3.6(4) a health plan as defined in section 62A.011, subdivision 3; and
3.7(5) a state agency as defined in section 13.02, subdivision 17.
3.8(n) "Reciprocal agreement" means an arrangement in which two or more health
3.9information exchange service providers agree to share in-kind services and resources to
3.10allow for the pass-through of meaningful use transactions.
3.11(o) "State-certified health data intermediary" means a health data intermediary that:
3.12(1) provides a subset of the meaningful use transaction capabilities necessary for
3.13hospitals and providers to achieve meaningful use of electronic health records;
3.14(2) is not exclusively engaged in the exchange of meaningful use transactions
3.15covered by section 62J.536; and
3.16(3) has been issued a certificate of authority to operate in Minnesota.
3.17(p) "State-certified health information organization" means a nonprofit health
3.18information organization that provides transaction capabilities necessary to fully support
3.19clinical transactions required for meaningful use of electronic health records that has been
3.20issued a certificate of authority to operate in Minnesota.
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