Bill Text: NJ A1925 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits hospitals from executing certain contracts for electronic health records systems.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Health and Senior Services Committee [A1925 Detail]
Download: New_Jersey-2010-A1925-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
SYNOPSIS
Prohibits hospitals from executing certain contracts for electronic health records systems.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning hospital electronic health records and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall not execute a contract for the purchase, lease, or other use of an electronic health records system, or any part thereof, that would directly or indirectly preclude the entity with which the hospital contracts for that purpose from selling, leasing, or otherwise making that system, or any part thereof, available to another hospital.
b. As used in this act, "electronic health records system" means the information technology and software applications that are used to electronically collect, store, retrieve, or transfer clinical, administrative, or financial health information within and for use by a hospital in the conduct of its clinical, administrative, or financial operations.
c. A hospital that violates the provisions of this act shall be subject to such penalties as the Commissioner of Health and Senior Services shall determine pursuant to sections 13, 14, and 16 of P.L.1971, c.136 (C.26:2H-13, C.26:2H-14, and 26:2H-16).
2. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
3. This act shall take effect on the 180th day after enactment, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill prohibits a hospital from executing a contract for the purchase, lease, or other use of an electronic health records system, or any part thereof, that would directly or indirectly preclude the entity with which the hospital contracts for that purpose from selling, leasing, or otherwise making that system, or any part thereof, available to another hospital.
The bill defines "electronic health records system" to mean the information technology and software applications that are used to electronically collect, store, retrieve, or transfer clinical, administrative, or financial information within and for use by a hospital in the conduct of its clinical, administrative, or financial operations.
A hospital that violates the provisions of the bill is subject to such penalties as the Commissioner of Health and Senior Services determines pursuant to sections 14 and 16 of P.L.1971, c.136 (C.26:2H-14 and 26:2H-16).
The bill takes effect on the 180th day after enactment, but authorizes the Commissioner of Health and Senior Services to take anticipatory administrative action in advance thereof as necessary for its implementation.
