S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1859

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  establishing  an
  electronic  health  records and electronic prescribing initiative; and
  providing for the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding a new article 10
to read as follows:

                               ARTICLE 10
          ELECTRONIC HEALTH RECORDS AND ELECTRONIC PRESCRIBING

SECTION  1000.  ELECTRONIC  HEALTH  RECORDS  AND  ELECTRONIC PRESCRIBING
                  INITIATIVE PROGRAM.
  S 1000. ELECTRONIC HEALTH RECORDS AND  ELECTRONIC  PRESCRIBING  INITI-
ATIVE  PROGRAM.  1.  DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) ELECTRONIC  HEALTH  RECORDS
(EHR)  IS A LONGITUDINAL ELECTRONIC RECORD OF PATIENT HEALTH INFORMATION
GENERATED BY ONE OR MORE ENCOUNTERS IN ANY CARE DELIVERY SETTING.
  (B) ELECTRONIC PRESCRIBING (E-PRESCRIBING) IS A COMPUTER BASED  METHOD
TO  GENERATE  PRESCRIPTIONS  THROUGH  AN  AUTOMATED  DATA  ENTRY PROCESS
UTILIZING E-PRESCRIBING SOFTWARE AND A TRANSMISSION NETWORK WHICH  LINKS
TO PARTICIPATING PHARMACIES.
  2.  CREATION  OF  PROGRAM. THE OFFICE OF HEALTH INFORMATION TECHNOLOGY
TRANSFORMATION IS HEREBY AUTHORIZED TO ESTABLISH AND ADMINISTER AN ELEC-
TRONIC HEALTH RECORDS AND PRESCRIBING PROGRAM TO PROVIDE INCENTIVES  FOR
THE  USE OF ELECTRONIC TECHNOLOGIES BY OFFICE-BASED PHYSICIANS AND INDE-
PENDENT PHARMACIES, PURSUANT TO STANDARDS AND  CRITERIA  ESTABLISHED  BY
THE  OFFICE.  SUCH GRANT PROGRAM SHALL BE ALLOCATED FIVE MILLION DOLLARS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05261-01-9

              

S. 1859                             2

IN ITS FIRST YEAR OF EXISTENCE AND SHALL BE FUNDED  AS  APPROPRIATED  IN
THE STATE BUDGET FOR EACH SUBSEQUENT YEAR.
  3.  INCENTIVE  PAYMENTS.  (A) AS PART OF THE ELECTRONIC HEALTH RECORDS
AND PRESCRIBING INITIATIVE PROGRAM CREATED PURSUANT TO THIS SECTION, THE
OFFICE OF HEALTH INFORMATION TECHNOLOGY TRANSFORMATION IS AUTHORIZED  TO
PROVIDE  FOR  AND  AWARD  INCENTIVE  PAYMENTS  TO QUALIFIED OFFICE-BASED
PHYSICIANS AND QUALIFIED INDEPENDENT PHARMACIES THAT THE  OFFICE  DETER-
MINES  HAVE  ESTABLISHED  AN  ELECTRONIC  HEALTH RECORDS AND PRESCRIBING
SYSTEM WHICH INCLUDES THE FOLLOWING ELEMENTS: (I) AN UPGRADED  OR  NEWLY
PURCHASED  HARDWARE  AND/OR SOFTWARE; (II) AN INTERNET CONNECTION; (III)
SYNCHRONIZATION OF EXISTING COMPUTER SYSTEMS; (IV) STAFF  TRAINING;  (V)
MAINTENANCE  OF COMPUTER SYSTEMS; AND (VI) SATISFACTION OF ANY STANDARDS
AND CRITERIA AS ESTABLISHED BY THE OFFICE PURSUANT TO THIS SECTION.
  (B) IN DETERMINING THE AMOUNT OF AN INCENTIVE PAYMENT, THE  OFFICE  OF
HEALTH INFORMATION TECHNOLOGY TRANSFORMATION, SHALL SUPPLEMENT THE TOTAL
COST  OF ESTABLISHING AN ELECTRONIC HEALTH RECORDS OR PRESCRIBING SYSTEM
AND WILL NOT REIMBURSE A QUALIFIED RECIPIENT FOR THE ENTIRE COST OF SUCH
SYSTEM. THE TOTAL AMOUNT OF THE GRANT AWARDED WILL BE DETERMINED BY  THE
OFFICE  OF HEALTH INFORMATION TECHNOLOGY TRANSFORMATION PURSUANT TO THIS
SECTION.
  (C) GRANT MONIES MUST BE PAID OUT IN STAGES WITH PAYMENTS AWARDED UPON
THE COMPLETION OF CERTAIN INTERVALS  AS  DETERMINED  BY  THE  OFFICE  OF
HEALTH  INFORMATION  TECHNOLOGY  TRANSFORMATION.  THESE  INTERVALS SHALL
INCLUDE, BUT ARE NOT LIMITED TO,  THE  ACQUISITION  OF  HARDWARE  AND/OR
SOFTWARE,  ACTIVATION  OF  ELECTRONIC  HEALTH  RECORDS  AND  PRESCRIBING
PROGRAMS AND ACHIEVING MILESTONES FOR  THE  USAGE  OF  THE  PROGRAM,  AS
DETERMINED BY THE OFFICE PURSUANT TO THIS SECTION.
  4.  REGULATIONS. THE OFFICE OF HEALTH INFORMATION TECHNOLOGY TRANSFOR-
MATION SHALL PROMULGATE RULES AND REGULATIONS FOR THE  STANDARDS  AND/OR
CRITERIA  OF  ANY ELECTRONIC HEALTH RECORDS OR PRESCRIBING SYSTEM ESTAB-
LISHED PURSUANT TO THIS SECTION, INCLUDING BUT NOT LIMITED TO, ELIGIBIL-
ITY CRITERIA, APPLICATION  PROCEDURES,  AWARD  DETERMINATIONS,  TRAINING
REQUIREMENTS,  THE  MANNER  IN  WHICH  GRANT MONIES SHALL BE APPLIED AND
DISTRIBUTED,  INSPECTION  PROCEDURES,   DOCUMENTATION   AND   COMPLIANCE
REQUIREMENTS  AND  THE MANNER IN WHICH GRANT MONIES SHALL BE AWARDED FOR
THE PURPOSES OF THE PROGRAM.
  5. REPORTING. NO LATER THAN SEPTEMBER  FIRST,  TWO  THOUSAND  TEN  AND
SEPTEMBER FIRST OF EACH YEAR THEREAFTER, THE PRESIDENT SHALL PREPARE AND
FURNISH A WRITTEN REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE,  AND THE SPEAKER OF THE ASSEMBLY CONCERNING THE OFFICE OF HEALTH
INFORMATION TECHNOLOGY TRANSFORMATION'S ACTIVITIES UNDER  THIS  SECTION.
SUCH REPORT SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (A) THE NAME AND
ADDRESS  OF  EACH  RECIPIENT OF INCENTIVE PAYMENTS MADE BY THE OFFICE OF
HEALTH INFORMATION TECHNOLOGY TRANSFORMATION PURSUANT  TO  THIS  SECTION
DURING THE PRECEDING CALENDAR YEAR;
  (B) THE AMOUNT OF ANY INCENTIVE PAYMENT MADE TO EACH SUCH PHYSICIAN OR
PHARMACY; AND
  (C)  A  DESCRIPTION  OF THE PROJECT AND THE WORK PERFORMED THAT EARNED
THE INCENTIVE PAYMENT.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgement shall have been rendered.

S. 1859                             3

  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed 4 years after  such  date.  Effective  immediately,  any
rules  and  regulations  necessary for the timely implementation of this
act on its effective date shall be promulgated on or before such date.