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| 2 | 2 | | SENATE DOCKET, NO. 1490 FILED ON: 1/16/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 262 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Mark C. Montigny |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to protect life-saving electronic health records from reckless corporate greed and |
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| 13 | 13 | | corruption. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 3 |
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| 17 | 17 | | SENATE DOCKET, NO. 1490 FILED ON: 1/16/2025 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 262 |
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| 19 | 19 | | By Mr. Montigny, a petition (accompanied by bill, Senate, No. 262) of Mark C. Montigny for |
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| 20 | 20 | | legislation to protect life-saving electronic health records from reckless corporate greed and |
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| 21 | 21 | | corruption. Consumer Protection and Professional Licensure. |
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| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 23 | 23 | | SEE SENATE, NO. 193 OF 2023-2024.] |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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| 27 | 27 | | (2025-2026) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act to protect life-saving electronic health records from reckless corporate greed and |
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| 30 | 30 | | corruption. |
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| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 32 | 32 | | of the same, as follows: |
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| 33 | 33 | | 1 SECTION 1. Section 16 of chapter 6D of the General Laws, as appearing in the 2022 |
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| 34 | 34 | | 2Official Edition, is hereby amended by inserting at the end of subsection (a) the following |
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| 35 | 35 | | 3clause:- |
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| 36 | 36 | | 4 (9) assist consumers with questions or concerns relating to electronic health information |
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| 37 | 37 | | 5accessibility requirements established by section 7 of chapter 118I, and record and submit |
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| 38 | 38 | | 6reported violations of said section to the executive office of health and human services, the |
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| 39 | 39 | | 7attorney general, and the Office of the National Coordinator, as defined in section 1 of chapter |
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| 40 | 40 | | 8118I. 2 of 3 |
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| 41 | 41 | | 9 SECTION 2. Section 7 of chapter 118I of the General Laws, as so appearing, is hereby |
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| 42 | 42 | | 10amended by inserting at the end thereof the following paragraph:- |
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| 43 | 43 | | 11 In order to ensure the seamless and secure access, exchange, and use of electronic health |
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| 44 | 44 | | 12information, all providers in the commonwealth shall comply with the requirements imposed by |
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| 45 | 45 | | 13the 21st Century Cures Act of 2016, P.L. 114-255, including, but not limited to, interoperability, |
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| 46 | 46 | | 14patient access through application programming interfaces, and prohibitions on information |
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| 47 | 47 | | 15blocking to health information technology developers, health information exchanges, health |
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| 48 | 48 | | 16information networks, and health care providers. The executive office, in consultation with the |
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| 49 | 49 | | 17commission, shall develop a standardized written notification form for providers to give to |
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| 50 | 50 | | 18patients, informing patients of their rights and obligations as it pertains to their electronic health |
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| 51 | 51 | | 19information and accessibility per federal and state law. Said notification forms may be provided |
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| 52 | 52 | | 20electronically to patients and shall inform said patients on how to report violations of electronic |
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| 53 | 53 | | 21health information access to the office of patient protection, established under section 16 of |
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| 54 | 54 | | 22chapter 6D. |
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| 55 | 55 | | 23 The executive office of health and human services shall promulgate regulations to |
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| 56 | 56 | | 24prohibit the collection, capture, purchase, or transfer of electronic health information by third |
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| 57 | 57 | | 25party application programming interfaces without the express written consent of the patient. |
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| 58 | 58 | | 26Said written consent may be obtained by electronic means in a conspicuous and easy to read |
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| 59 | 59 | | 27format. Said regulations shall prohibit third party application programming interfaces from |
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| 60 | 60 | | 28disclosing, redisclosing, disseminating, selling, leasing, trading, or otherwise profiting from a |
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| 61 | 61 | | 29patient’s electronic health information unless it is to provide direct data access to the patient with |
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| 62 | 62 | | 30their express written consent. 3 of 3 |
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| 63 | 63 | | 31 A violation of this section is punishable by a fine in accordance with section 8 of this |
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| 64 | 64 | | 32chapter and shall constitute an unfair or deceptive act in violation of chapter 93A. |
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| 65 | 65 | | 33 SECTION 3. Section 8 of said chapter 118I is hereby amended by inserting after the |
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| 66 | 66 | | 34words “section 7” in the first sentence the following:- “; provided that violations involving |
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| 67 | 67 | | 35patient access to electronic health information, as reported by the commission’s office of patient |
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| 68 | 68 | | 36protection, shall be no less than $1,000 per day per violation” |
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| 69 | 69 | | 37 SECTION 4. This act shall take effect immediately upon its passage. |
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