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HB-5336, As Passed House, March 15, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5336

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding part 25.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 25 HEALTH INFORMATION TECHNOLOGY

Sec. 2501. As used in this part:

(a) "Commission" means the health information technology

commission created under section 2503.

(b) "Department" means the department of community health.

Sec. 2503. (1) The health information technology commission is

created within the department to facilitate and promote the design,

implementation, operation, and maintenance of an interoperable

health care information infrastructure in this state. The

commission shall consist of 15 members appointed by the governor in

accordance with subsection (2) as follows:

(a) The director of the department or his or her designee.

(b) The director of the department of information technology

or his or her designee.

corporation operating pursuant to the nonprofit health care

corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1703.

(d) One individual representing hospitals.

(e) One individual representing doctors of medicine.

(f) One individual representing doctors of osteopathic

medicine and surgery.

(g) One individual representing purchasers or employers.

(h) One individual representing the pharmaceutical industry.

(i) One individual representing schools of medicine in

Michigan.

(j) One individual representing the health information

technology field.

(k) One individual representing pharmacists.

(l) One individual representing health plans or other third

party payers.

(m) One individual representing consumers.

(n) One individual representing nurses.

(o) One individual representing optometrists.

(2) Of the members appointed under subsection (1), there shall

be representatives from both the public and private sectors. In

order to be appointed to the commission, each individual shall have

experience and expertise in at least 1 of the following areas:

(a) Health information technology.

(b) Administration of health systems.

(d) Health finance, reimbursement, and economics.

(e) Health plans and integrated delivery systems.

(f) Privacy of health care information.

(g) Medical records.

(h) Patient care.

(i) Data systems management.

(3) A member of the commission shall serve for a term of 4

years or until a successor is appointed. Of the members first

appointed after the effective date of the amendatory act that added

this part, 3 shall be appointed for a term of 1 year, 4 shall be

appointed for a term of 2 years, 4 shall be appointed for a term of

3 years, and 4 shall be appointed for a term of 4 years. If a

vacancy occurs on the commission, the governor shall make an

appointment for the unexpired term in the same manner as the

original appointment. The governor may remove a member of the

commission for incompetency, dereliction of duty, malfeasance,

misfeasance, or nonfeasance in office, or any other good cause.

(4) At the first meeting of the commission, a majority of the

members shall elect from its members a chairperson and other

officers as it considers necessary or appropriate. After the first

meeting, the commission shall meet at least quarterly, or more

frequently at the call of the chairperson or if requested by a

majority of the members. A majority of the members of the

commission appointed and serving constitute a quorum for the

transaction of business at a meeting of the commission.

(5) Any business that the commission may perform shall be

conducted at a public meeting held in compliance with the open

meetings act, 1976 PA 267, MCL 15.261 to 15.275. The commission

shall give public notice of the time, date, and place of the

meeting in the manner required by the open meetings act, 1976 PA

267, MCL 15.261 to 15.275.

(6) The commission shall make available a writing prepared,

owned, used, in the possession of, or retained by the commission in

the performance of an official function as the commission to the

public in compliance with the freedom of information act, 1976 PA

442, MCL 15.231 to 15.246.

(7) The commission shall ensure adequate opportunity for the

participation of health care professionals and outside advisors

with expertise in health information privacy, health information

security, health care quality and patient safety, data exchange,

delivery of health care, development of health information

technology standards, or development of new health information

technology by appointing advisory committees, including, but not

limited to, advisory committees to address the following:

(a) Interoperability, functionality, and connectivity,

including, but not limited to, uniform technical standards, common

policies, and common vocabulary and messaging standards.

(b) Security and reliability.

(d) Electronic health records.

(e) Consumer safety, privacy, and quality of care.

(8) Members of the commission shall serve without

compensation.

Sec. 2505. (1) The commission shall do each of the following:

(a) Develop and maintain a strategic plan in accordance with

subsection (2) to guide the implementation of an interoperable

health information technology system that will reduce medical

errors, improve quality of care, and produce greater value for

health care expenditures.

(b) Identify critical technical, scientific, economic, and

other critical issues affecting the public and private adoption of

health information technology.

to achieve widespread adoption of health information technology.

(d) Increase the public's understanding of health information

technology.

(e) Promote more efficient and effective communication among

multiple health care providers, including, but not limited to,

hospitals, physicians, payers, employers, pharmacies, laboratories,

and any other health care entity.

(f) Identify strategies to improve the ability to monitor

community health status.

(g) Develop or design any other initiatives in furtherance of

the commission's purpose.

(h) Annually, report and make recommendations to the

chairpersons of the standing committees of the house of

representatives and senate with jurisdiction over issues pertaining

to community health and information technology, the house of

representatives and senate appropriations subcommittees on

community health and information technology, and the senate and

house fiscal agencies.

(i) Perform any and all other activities in furtherance of the

above or as directed by the department or the department of

information technology, or both.

(2) The strategic plan developed pursuant to subsection (1)(a)

shall include, at a minimum, each of the following:

(a) The development or adoption of health care information

technology standards and strategies.

(b) The ability to base medical decisions on the availability

of information at the time and place of care.

(d) Measures to protect the privacy and security of personal

health information.

(e) Measures to prevent unauthorized access to health

information.

(f) Measures to ensure accurate patient identification.

(g) Methods to facilitate secure patient access to health

information.

(h) Measures to reduce health care costs by addressing

inefficiencies, redundancy in data capture and storage, medical

errors, inappropriate care, incomplete information, and

administrative, billing, and data collection costs.

(i) Incorporating health information technology into the

provision of care and the organization of the health care

workplace.

(j) The ability to identify priority areas in which health

information technology can provide immediate benefits to consumers

and a recommended timeline for implementation.

(k) Measurable outcomes.

Sec. 2507. The commission or a member of the commission shall

not be personally liable for any action at law for damages

sustained by a person because of an action performed or done by the

commission or a member of the commission in the performance of

their respective duties in the administration and implementation of

this part.