Iowa 2023 2023-2024 Regular Session

Iowa House Bill HF2623 Introduced / Bill

Filed 02/21/2024

                    House File 2623 - Introduced   HOUSE FILE 2623   BY COMMITTEE ON HEALTH AND   HUMAN SERVICES   (SUCCESSOR TO HSB 623)   A BILL FOR   An Act relating to the Iowa health information network 1   including functioning as the state-designated health data 2   utility. 3   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4   TLSB 5482HV (4) 90   pf/ko  

  H.F. 2623   Section 1. Section 135D.2, Code 2024, is amended to read as 1   follows: 2   135D.2 Definitions. 3   As used in this chapter , unless the context otherwise 4   requires: 5   1.   Board of directors or board means the entity that 6   governs and administers the Iowa health information network. 7   2. 1. Care coordination means the management of all 8   aspects of a patients care to improve health care quality. 9   2.   Community information exchange means an ecosystem 10   comprised of multidisciplinary network participants that   11   use standardized technical language, a resource database, 12   and an integrated technology platform to deliver enhanced 13   community care planning using care planning tools that enable   14   participants to integrate data from multiple sources and make 15   bidirectional referrals to create a shared longitudinal record. 16   3. Department means the department of health and human 17   services. 18   4. Designated entity means the nonprofit corporation 19   designated by the department through a competitive process as 20   the entity responsible for administering and governing the Iowa 21   health information network. 22   5. Exchange means the authorized electronic sharing of 23   health information and data   between health care professionals, 24   payors, consumers, public health agencies, the designated 25   entity, the department, and other authorized participants 26   utilizing the Iowa health information network and Iowa health 27   information network services.   28   6.   Federally qualified health center means a health care 29   entity that receives grant funding under section 330 of the   30   federal Public Health Service Act, Pub. L. No. 78-410. 31   7.   Governing board means the board of directors that 32   governs and administers the designated entity. 33   6.   8. Health care professional means a person who is 34   licensed, certified, or otherwise authorized or permitted by 35   -1-   LSB 5482HV (4) 90   pf/ko   1/ 18                                    

  H.F. 2623   the law of this state to administer health care in the ordinary 1   course of business or in the practice of a profession. 2   9.   Health data utility means a locally governed, 3   statewide, multifaceted resource that provides services for the 4   interchange of health data within the health care and public   5   health ecosystems for the purpose of advancing health care   6   and improving public health outcomes. A health data utility 7   combines, enhances, and exchanges electronic health data across 8   care and service settings for treatment, care coordination,   9   quality improvement, and public and community health purposes, 10   in accordance with applicable state and federal laws protecting   11   patient privacy. 12   7. 10. Health information means health information as 13   defined in 45 C.F.R. 160.103 that is created or received by an   14   authorized a participant. 15   11. Health information exchange means participants 16   contributing to the sharing and movement of health information 17   electronically across participants within a state, region,   18   community, or health care delivery system.   19   12. Health information network means participants in the 20   health information exchange in the aggregate.   21   8. 13. Health information technology means the 22   application of information processing, involving both computer 23   hardware and software, that deals with the storage, retrieval, 24   sharing, and use of health care information, data, and 25   knowledge for communication, decision making, quality, safety, 26   and efficiency of clinical practice, and may include but is not 27   limited to:   28   a. An electronic health record that electronically compiles 29   and maintains health information that may be derived from 30   multiple sources about the health status of an individual and 31   may include a core subset of each care delivery organizations 32   electronic medical record such as a continuity of care record 33   or a continuity of care document, computerized physician order 34   entry, electronic prescribing, or clinical decision support. 35   -2-   LSB 5482HV (4) 90   pf/ko   2/ 18                                   

  H.F. 2623   b. A personal health record through which an individual and 1   any other person authorized by the individual can maintain and 2   manage the individuals health information. 3   c. An electronic medical record that is used by health care 4   professionals to electronically document, monitor, and manage 5   health care delivery within a care delivery organization, is 6   the legal record of the patients encounter with the care 7   delivery organization, and is owned by the care delivery 8   organization. 9   d. A computerized provider   health care professional 10   order entry function that permits the electronic ordering of 11   diagnostic and treatment services, including prescription 12   drugs. 13   e. A decision support function to assist physicians and 14   other health care providers   professionals in making clinical 15   decisions by providing electronic alerts and reminders to 16   improve compliance with best practices, promote regular 17   screenings and other preventive practices, and facilitate 18   diagnosis and treatments   treatment . 19   f. Tools to allow for the collection, analysis, and 20   reporting of information or data on adverse events, the quality 21   and efficiency of care, patient satisfaction, and other health 22   care-related performance measures. 23   9.   14. Health Insurance Portability and Accountability 24   Act or HIPAA means the federal Health Insurance Portability 25   and Accountability Act of 1996, Pub. L. No. 104-191, including 26   amendments thereto and regulations promulgated thereunder. 27   10.   15. Hospital means a licensed hospital as defined in 28   section 135B.1 .   29   11.   16. Interoperability means the ability of two or more 30   systems or components to exchange information or data in an 31   accurate, effective, secure, and consistent manner and to use 32   the information or data that has been exchanged and includes 33   but is not limited to: 34   a. The capacity to connect to a network for the purpose of 35   -3-   LSB 5482HV (4) 90   pf/ko   3/ 18              

  H.F. 2623   exchanging information or data with other users. 1   b. The ability of a connected , authenticated user   2   participant to demonstrate appropriate permissions to 3   participate in the instant transaction over the network. 4   c. The capacity of a connected , authenticated user   5   participant   to access, transmit, receive, and exchange usable 6   information with other users participants . 7   12. 17. Iowa health information network or network means 8   the statewide health information technology network that is the 9   sole statewide health information   network for Iowa pursuant to 10   this chapter . 11   13.   18. Medicaid program means the medical assistance 12   program as defined in section 249A.2 . 13   19.   Nursing facility means a licensed nursing facility as 14   defined in section 135C.1. 15   14. 20. Participant means an authorized health care 16   professional, payor, patient, health care organization, public 17   health agency, or the department   entity described in section 18   135D.4, subsection 4, paragraph   d , that has agreed entered 19   into an agreement to authorize, submit, access, or disclose 20   health information and data   through the Iowa health information 21   network in accordance with this chapter and all applicable 22   laws, rules, agreements, policies, and standards. 23   15.   21. Patient means a person who has received or is 24   receiving health services from a health care professional. 25   16. 22. Payor means a person who makes payments for 26   health services, including but not limited to an insurance 27   company, self-insured employer, government program, individual, 28   or other purchaser that makes such payments. 29   23.   Payor information exchange means a large-scale 30   database that systematically collects health care claims data 31   from a variety of payor sources, including claims from health   32   care professionals. 33   24.   Pharmacy means a pharmacy as defined in section 34   155A.3. 35   -4-   LSB 5482HV (4) 90   pf/ko   4/ 18                                                 

  H.F. 2623   25. Pharmacy information exchange means the participants 1   contributing to the sharing and movement of dispensed pharmacy   2   information electronically across participants within a state, 3   region, community, or health care delivery system. 4   17.   26. Protected health information means protected 5   health information as defined in 45 C.F.R. 160.103 that is 6   created or received by an authorized   a participant. 7   18. 27. Public health activities means actions taken by 8   a participant in its   the participants capacity as a public 9   health authority under the Health Insurance Portability and 10   Accountability Act or as required or permitted by other federal 11   or state law. 12   19.   28. Public health agency means an entity that is 13   governed by or contractually responsible to a local board of 14   health or the department to provide services focused on the 15   health status of population groups and their   the population 16   groups environments. 17   20.   29. Record locator service means the functionality of 18   the Iowa health information network that queries data sources 19   to locate and identify potential patient records. 20   30.   Rehabilitative services means the same as defined in 21   section 135C.1. 22   31.   Social care means any care, service, good, or supply 23   related to an individuals social needs. Social care 24   includes but is not limited to support and assistance for an 25   individuals food stability and nutritional needs, housing, 26   transportation, economic stability, employment, education 27   access and quality, child care and family relationship needs, 28   and environmental and physical safety. 29   32.   Social care referral system means a system that shares 30   an individuals social care information for the purpose of   31   referrals among health care entities, public health agencies,   32   and community-based organizations. Social care referral 33   system   includes but is not limited to a network, software, or 34   technology platform. 35   -5-   LSB 5482HV (4) 90   pf/ko   5/ 18                                                   

  H.F. 2623   Sec. 2. Section 135D.3, subsection 1, paragraph c, Code 1   2024, is amended to read as follows: 2   c. A health information network involves the secure   3   electronic sharing of health information across the boundaries 4   of individual practice and institutional health settings and   5   with consumers.   The broad use of health information technology 6   and a health information network should improve improves health 7   care quality and the overall health of the population, increase 8   increases   efficiencies in administrative health care, reduce 9   reduces unnecessary health care costs, and help helps prevent 10   medical errors. 11   Sec. 3. Section 135D.4, Code 2024, is amended to read as 12   follows: 13   135D.4 Iowa health information network  principles 14    technical infrastructure requirements    function as 15   state-designated health data utility . 16   1. The Iowa health information network shall be 17   administered and governed by a designated entity using, at a 18   minimum, the following principles: 19   a. Be patient-centered and market-driven. 20   b. Comply with established national standards. 21   c. Protect the privacy of consumers and the security and 22   confidentiality of all health information. 23   d. Promote interoperability. 24   e. Increase the accuracy, completeness, and uniformity of 25   data. 26   f. Preserve the choice of the patient to have the patients 27   health information available through the record locator 28   service. 29   g. Provide education to the general public and provider 30   communities on the value and benefits of health information 31   technology. 32   2. Widespread adoption of health information technology is 33   critical to a successful Iowa health information network and is   34   best achieved when all of the following occur: 35   -6-   LSB 5482HV (4) 90   pf/ko   6/ 18                 

  H.F. 2623   a. The network, through the designated entity complying 1   with chapter 504 and reporting as required under this chapter , 2   operates in an entrepreneurial and businesslike manner in which 3   it is accountable to all participants utilizing the networks 4   products and services. 5   b. The network provides a variety of services from which to 6   choose in order to best fit the needs of the user   participant . 7   c. The network is financed by all who benefit from the 8   improved quality, efficiency, savings, and other benefits that 9   result from use of health information technology. 10   d. The network is operated with integrity and freedom from 11   political influence. 12   3. The Iowa health information network technical 13   infrastructure shall provide a mechanism for all of the 14   following: 15   a. The facilitation and support of the secure electronic 16   exchange of health information between participants. 17   b. Participants   The opportunity for the participants 18   without an electronic health records system to access health 19   information from the Iowa health information network. 20   4.   a. Beginning July 1, 2024, the Iowa health information 21   network shall function as the state-designated health data 22   utility or state-designated HDU, operated and governed by the   23   designated entity. The state-designated HDU shall operate as a 24   public-private partnership to facilitate the secure electronic 25   sharing of health information and data across a variety of 26   settings including health care delivery settings, payors, 27   social care entities, and consumers. 28   (1) The state-designated HDU is designed to achieve better 29   health care outcomes, improve the overall health and well-being   30   of the people of the state, and reduce the cost of health   31   care by creating a more seamless, transparent, and modernized   32   approach to the sharing of health information and data. 33   (2)   Utilization of health information and data requires 34   appropriate governance and policy leadership. The 35   -7-   LSB 5482HV (4) 90   pf/ko   7/ 18                             

  H.F. 2623   state-designated HDU provides clear data governance, privacy, 1   and security policies to facilitate the sharing of health   2   information and data, ensuring that the health information and 3   data follow the patient and improve the health of all citizens 4   of the state.   5   (3)   Health care professionals and entities have been 6   subject to HIPAA since 1996, and HIPAA has driven initial 7   efforts to develop a culture and infrastructure of health 8   information governance. As holders of personal information,   9   state agencies have a responsibility to demonstrate to the 10   public the states commitment to respecting personal privacy.   11   (4) Health care entities have a duty to share health 12   information and data, in accordance with applicable law, with 13   other health care entities to ensure that optimal patient   14   and population health is achieved. To further demonstrate 15   the commitment to privacy, the state-designated HDU provides 16   opt-out policies and procedures to allow patients to opt out of 17   health information and data sharing.   18   b.   The purposes of the state-designated HDU include all of 19   the following: 20   (1)   The transmittal, collection, aggregation, and analysis 21   of clinical information, public health data, and health 22   administrative and operations data to assist the department,   23   local health departments, health care professionals, patients, 24   policymakers, and the governing board in understanding the 25   population health of Iowa. 26   (2) The enhancement and acceleration of the 27   interoperability of health information and data throughout the 28   state, ensuring compliance with all applicable privacy and 29   security laws and regulations.   30   (3) The empowerment of patients in accessing and directing 31   their health information and data, health care costs, and   32   overall health to improve quality of life in the state. 33   c.   The state-designated HDU shall provide health information 34   and data, in accordance with applicable law, to patients and 35   -8-   LSB 5482HV (4) 90   pf/ko   8/ 18                                                   

  H.F. 2623   organizations involved in the treatment and care coordination 1   of patients, and shall support the health goals of the   2   community and the state. The state-designated HDU shall be 3   comprised of all of the following data sources: 4   (1)   A health information exchange. The governing board 5   shall adopt health care information interoperability standards   6   for the health information exchange. The minimum standard of 7   sharing shall be the most recently approved version of the 8   United States core data of interoperability. The minimum   9   standard of sharing may be enhanced by the governing board. 10   (2)   A pharmacy information exchange. 11   (a) Unless otherwise prohibited by state or federal law, 12   each licensed pharmacy that dispenses prescription drugs to 13   patients in the state shall provide all dispensed prescription   14   information to the state-designated HDU in compliance with all 15   applicable state and federal rules. 16   (b) The governing board shall adopt interoperability 17   standards, data elements, and terminologies necessary to   18   provide data in as close to real time as possible to facilitate   19   data exchange. 20   (3)   A payor information exchange. The governing board shall 21   adopt the interoperability standards for claims data sharing by 22   all payors required to share data.   23   (4) A community information exchange. The governing board 24   shall adopt the interoperability standards for data sharing by 25   social care entities specified by the governing board. 26   d. (1) By December 31, 2024, all hospitals, critical access 27   hospitals, general acute care hospitals, and rehabilitative 28   hospitals in the state shall be participants with the 29   state-designated HDU, and shall share all data in accordance   30   with standards, policies, and procedures adopted by the 31   governing board pursuant to this chapter.   32   (2) By December 31, 2025, all provider clinics, ambulatory 33   surgical centers, mental health and substance use treatment   34   centers, psychiatric or mental hospitals, facilities providing 35   -9-   LSB 5482HV (4) 90   pf/ko   9/ 18                                                       

  H.F. 2623   rehabilitative services, imaging centers, laboratories, 1   federally qualified health centers, and payors in the state   2   shall be participants with the state-designated HDU, and shall 3   share all data in accordance with standards, policies, and 4   procedures adopted by the governing board pursuant to this   5   chapter.   6   (3) By December 31, 2025, all health clinics, public 7   health clinics, urgent care facilities, nursing facilities, 8   and pharmacies shall be participants with the state-designated   9   HDU, and shall share all data in accordance with policies and 10   procedures adopted by the governing board pursuant to this   11   chapter. 12   (4) By December 31, 2028, all entities utilizing digital 13   technology for the purposes of social care referral and   14   care coordination in the state, including but not limited to 15   community-based organizations, shall be participants with the 16   state-designated HDU, and shall share data in accordance with 17   federal interoperability guidance and policies adopted by the   18   governing board pursuant to this chapter.   19   e. Any entity specified in paragraph d that does not own 20   or has not contracted for an electronic records management   21   system or service on or before July 1, 2024, shall not be 22   required to purchase or contract for an electronic records   23   management system or service in order to comply with paragraph 24   d . 25   f. Paragraph d shall not apply to any of the following: 26   (1) A facility or institution controlled, managed, 27   directed, or operated under the jurisdiction of the department 28   of health and human services, including the state mental health 29   institutes.   30   (2) Medicaid fee-for-service programs under the Medicaid 31   program.   32   4. 5. Nothing in this chapter shall be interpreted to 33   impede or preclude the formation and operation of regional, 34   population-specific, or local health information networks 35   -10-   LSB 5482HV (4) 90   pf/ko   10/ 18                                                     

  H.F. 2623   or the participation of such networks in the Iowa health 1   information network. 2   6.   The Iowa health information network shall not constitute 3   a health benefit network or a health insurance network. 4   Sec. 4. Section 135D.5, Code 2024, is amended to read as 5   follows: 6   135D.5 Designated entity  selection, administration , and 7   governance. 8   1. The Iowa health information network shall be 9   administered and governed by a designated entity selected by 10   the department through a competitive process. The designated 11   entity shall be established as a nonprofit corporation 12   organized under chapter 504 . Unless otherwise provided in 13   this chapter , the corporation is subject to the provisions of 14   chapter 504 . The designated entity shall be established for   15   the purpose of administering and governing the statewide Iowa 16   health information network. 17   2. The designated entity shall collaborate with the 18   department, but the designated entity shall not be considered, 19   in whole or in part, an agency, department, or administrative 20   unit of the state. 21   a. The designated entity shall not be required to comply 22   with any requirements that apply to a state agency, department, 23   or administrative unit and shall not exercise any sovereign 24   power of the state. 25   b. The designated entity does not have authority to pledge 26   the credit of the state. The assets and liabilities of   27   the designated entity shall be separate from the assets and 28   liabilities of the state and the state shall not be liable   29   for the debts or obligations of the designated entity. All 30   debts and obligations of the designated entity shall be payable 31   solely from the designated entitys funds. The state shall 32   not guarantee any obligation of or have any obligation to the 33   designated entity. 34   3. The articles of incorporation of the designated entity 35   -11-   LSB 5482HV (4) 90   pf/ko   11/ 18           

  H.F. 2623   shall provide for its the designated entitys governance and 1   its efficient management. In providing for its   the designated 2   entitys governance, the articles of incorporation of the 3   designated entity shall address the following: 4   a. A governing   board of directors to govern the designated 5   entity. 6   b. The appointment of a chief executive officer by the 7   governing   board to manage the designated entitys daily 8   operations. 9   c. The delegation of such powers and responsibilities to the 10   chief executive officer as may be necessary for the designated 11   entitys efficient operation. 12   d. The employment of personnel necessary for the efficient 13   performance of the duties assigned to the designated entity. 14   All such personnel shall be considered employees of a private,   15   nonprofit corporation and shall be exempt from the personnel 16   requirements imposed on state agencies, departments, and 17   administrative units.   18   e. The financial operations of the designated entity 19   including the authority to receive and expend funds from public 20   and private sources and to use its property, money, or other 21   resources for the purpose of the designated entity. 22   Sec. 5. Section 135D.6, Code 2024, is amended to read as 23   follows: 24   135D.6 Board of directors   Governing board  composition  25   duties. 26   1. The designated entity shall be administered by a 27   governing board of directors . 28   2. A single industry shall not be disproportionately 29   represented as voting members of the governing   board. The 30   governing board shall include at least one member who is a 31   consumer of health services and a majority of the voting 32   members of the governing   board shall be representative of 33   participants in the Iowa health information network. The 34   director of health and human services or the directors 35   -12-   LSB 5482HV (4) 90   pf/ko   12/ 18                      

  H.F. 2623   designee and the director of the Medicaid program or the 1   directors designee shall act as voting members of the 2   governing   board. The commissioner of insurance shall act 3   as an ex officio, nonvoting member of the governing board. 4   Individuals serving in an ex officio, nonvoting capacity shall 5   not be included in the total number of individuals authorized 6   as members of the governing board. 7   3. The governing board of directors shall do all of the 8   following: 9   a. Ensure that the designated entity enters into contracts 10   with each state agency necessary for state reporting 11   requirements. 12   b. Develop, implement, and enforce the following: 13   (1) A single patient identifier or alternative mechanism 14   to share secure patient health   information and data that is 15   utilized by all health care professionals. 16   (2) Standards, requirements, policies, and procedures for 17   access to, use, secondary use, privacy, and security of health 18   information and data, including clinical information,   exchanged 19   through the Iowa health information network, consistent with 20   applicable federal and state standards and laws. 21   c. Direct a public and private collaborative effort to 22   promote the adoption and use of health information technology 23   in the state to improve health care quality, increase patient 24   safety, reduce health care costs, enhance public health, 25   and empower individuals and health care professionals with 26   comprehensive, real-time medical information to provide 27   continuity of care and make the best health care decisions. 28   d. Educate the public and the health care sector about 29   the value of health information technology in improving 30   patient care, and methods to promote increased support and 31   collaboration of state and local public health agencies, 32   health care professionals, and consumers in health information 33   technology initiatives. 34   e. Work to align interstate and intrastate interoperability 35   -13-   LSB 5482HV (4) 90   pf/ko   13/ 18          

  H.F. 2623   standards in accordance with national health information 1   exchange standards. 2   f. Provide an annual budget and fiscal report for the Iowa 3   health information network to the governor, the department 4   of health and human services , the department of management, 5   the chairs and ranking members of the legislative government   6   oversight standing committees, and the legislative services 7   agency. The report shall also include information about the 8   services provided through the network and information on the 9   participant usage of the network. 10   g.   Ensure any health information and data within the Iowa 11   health information network is shared and accessed according to 12   all applicable state and federal laws and standards, including 13   HIPAA, to uphold the privacy and security of a patients   14   protected health information. 15   Sec. 6. Section 135D.7, Code 2024, is amended to read as 16   follows: 17   135D.7 Legal and policy  liability  confidentiality. 18   1. The governing   board shall implement industry-accepted 19   security standards, policies, and procedures to protect the 20   transmission and receipt of protected health information and   21   data exchanged through the Iowa health information network, 22   which shall, at a minimum, comply with HIPAA and shall include 23   all of the following: 24   a. A secure and traceable electronic audit system to 25   document and monitor the sender and recipient of health 26   information exchanged through the Iowa health information 27   network.   28   b. A required standard participation agreement which 29   defines the minimum privacy and security obligations of all 30   participants using the Iowa health information network and 31   services available through the Iowa health information network. 32   c. The opportunity for a patient to decline exchange of the 33   patients health information or data   through the record locator 34   service of the Iowa health information network.   35   -14-   LSB 5482HV (4) 90   pf/ko   14/ 18                

  H.F. 2623   (1) A patient shall not be denied care or treatment for 1   declining to exchange the patients health information or data   , 2   in whole or in part, through the network. 3   (2) The governing board shall provide the means and process 4   by which a patient may decline participation. The means and 5   process utilized shall minimize the burden on patients and 6   health care professionals. 7   (3) Unless otherwise authorized by law or rule, a patients 8   decision to decline participation means that none of the 9   patients health information or data   shall be accessible 10   through the record locator service function of the Iowa health 11   information network. A patients decision to decline having 12   health information or data   shared through the record locator 13   service function shall not limit a health care professional 14   with whom the patient has or is considering a treatment 15   relationship from sharing health information concerning the 16   patient through the secure messaging function of the Iowa 17   health information network. 18   (4) A patient who declines participation in the Iowa health 19   information network may later decide to have the patients   20   health information or data   shared through the network. A 21   patient who is participating in the network may later decline 22   participation in the network. 23   2. A participant shall not be compelled by subpoena, court 24   order, or other process of law to access health information or   25   data through the Iowa health information network in order to 26   gather records or information not created by the participant. 27   3. A participant exchanging health information and data 28   through the Iowa health information network shall grant to 29   other participants of the network a nonexclusive license to 30   retrieve and use that health   information or data in accordance 31   with applicable state and federal laws, and the policies and 32   standards established by the governing   board. 33   4. A health care professional who relies reasonably and 34   in good faith upon any health information or data   provided 35   -15-   LSB 5482HV (4) 90   pf/ko   15/ 18              

  H.F. 2623   through the Iowa health information network in the treatment of 1   a patient who is the subject of the health information or data   2   shall be immune from criminal or civil liability arising from 3   the damages caused by such reasonable, good-faith reliance. 4   Such immunity shall not apply to acts or omissions constituting 5   negligence, recklessness, or intentional misconduct. 6   5. A participant who has disclosed health information or 7   data through the Iowa health information network in compliance 8   with applicable law and the standards, requirements, policies, 9   procedures, and agreements of the Iowa health information   10   network shall not be subject to criminal or civil liability 11   for the use or disclosure of the health information or data   by 12   another participant. 13   6. The following records shall be confidential records 14   pursuant to chapter 22 , unless otherwise ordered by a court or 15   consented to by the patient or by a person duly authorized to 16   release such information: 17   a. The health information contained in, stored in, submitted 18   to, transferred or exchanged by, or released from the Iowa 19   health information network. 20   b. Any health information or data   in the possession of the 21   governing board due to its administration and governance of the 22   Iowa health information network. 23   7. Unless otherwise provided in this chapter , when 24   sharing health information or data   through the Iowa health 25   information network or through a private health information 26   network maintained in this state that complies with the privacy 27   and security requirements of this chapter for the purposes 28   of patient treatment, payment or health care operations, 29   as such terms are defined in HIPAA, or for the purposes of 30   public health activities or care coordination, a participant 31   authorized by the designated entity to use the record locator 32   service is exempt from any other state law that is more 33   restrictive than HIPAA that would otherwise prevent or hinder 34   the exchange of patient information or data   by the participant. 35   -16-   LSB 5482HV (4) 90   pf/ko   16/ 18              

  H.F. 2623   8. A patient aggrieved or adversely affected by the 1   designated entitys failure to comply with subsection 1, 2   paragraph c , may bring a civil action for equitable relief as 3   the court deems appropriate. 4   Sec. 7. NEW SECTION . 135D.8 Funding. 5   The department may expend funds appropriated to or received 6   by the department for the purposes of this chapter to carry out 7   the requirements of this chapter. 8   EXPLANATION 9   The inclusion of this explanation does not constitute agreement with 10   the explanations substance by the members of the general assembly. 11   This bill relates to the Iowa health information network 12   (IHIN) under Code chapter 135D (Iowa health information 13   network) and the functioning of the IHIN as a state-designated 14   health data utility (state-designated HDU). 15   The bill includes definitions used in the bill. 16   The bill requires the designated entity to administer 17   and govern the IHIN and thereby, also operate and govern the 18   state-designated HDU for the state. Health data utility is 19   defined under the bill as a locally governed, multifaceted 20   resource that provides services for the interchange of health 21   data within the health care and public health ecosystems for 22   the purpose of advancing health care and improving public 23   health outcomes. A health data utility combines, enhances, 24   and exchanges electronic health data across care and service 25   settings for treatment, care coordination, quality improvement, 26   and public and community health purposes, in accordance with 27   applicable state and federal laws protecting patient privacy. 28   The bill provides the principles, purposes, and composition 29   requirements for the state-designated HDU, including that the 30   state-designated HDU include information and data from a health 31   information exchange, a pharmacy information exchange, a payor 32   information exchange, and a community information exchange. 33   The bill requires certain entities to participate with the 34   state-designated HDU by specified dates. 35   -17-   LSB 5482HV (4) 90   pf/ko   17/ 18   

  H.F. 2623   The bill provides that the department of health and human 1   services (HHS) may expend funds appropriated to or received by 2   HHS for the purposes of the bill to carry out the requirements 3   of the bill. 4   -18-   LSB 5482HV (4) 90   pf/ko   18/ 18