BILL NUMBER:  S5094A

 TITLE OF BILL :

An act to amend the public health law, in relation to electronic
health records

 PURPOSE :

To ensure certain health care facilities utilize electronic health
records and connect to regional health information organizations in
order to facilitate the exchange of health information.

 SUMMARY OF PROVISIONS :

Section one adds a new Public Health Law (PHL) § 2997-f-1 to require
all Article 28 hospitals, office-based surgery practices under PHL §
230-d, and Urgent Care or similar providers that offer extended hours
and accept unscheduled, walk-in appointments from patients that are
not regularly seen by the practitioner to utilize and maintain an
electronic health record (EHR) system that connects to the local
regional health information organization (RHIO) in order to facilitate
the exchange of health information. Each RHIO must ensure it is
accessible and capable of connecting all health care providers or
qualified entities and their EHR vendor. Providers may apply for any
available funding for health information technology and electronic
              

health record infrastructure to achieve the requirements of this
section. This section also authorizes the Commissioner to implement a
waiver process to exempt providers from this section due to economic
hardship or technological limitations outside of the control of the
provider, or other exceptional circumstances.

Section two provides that this act take effect in two years; however,
effective immediately, the Commissioner is authorized to promulgate
regulations necessary to implement.

 JUSTIFICATION :

New York's health care infrastructure is undergoing a great deal of
transformation. New York is home to emerging models of care that
consumers are opting to utilize, such as "minute clinics" and urgent
care facilities. Consumers may opt to have many procedures, which
thanks to medical advances, can safely be performed in ambulatory and
office-based settings, rather than visiting a hospital. The Delivery
System Reform Incentive Payment (DSRIP) Program pursuant to the
federal waiver with the Centers for Medicare and Medicaid (CMS)
demands a decrease in hospital admissions in exchange for a focus on
providing community based care. While these consumer driven, community
models of care thrive, health care reform continues its focus on
primary, preventative medicine and managing the care of entire
patient. This legislation ensures that information regarding a
patient's visit to a urgent care or similar facility providing
episodic care will make it into the patient's health care record so
that it can be accessed by the patient, the patient's primary care
provider, and other connected facilities the patient may subsequently
utilize. Connecting these providers will also ensure they have access
to the patient's existing health record, enabling them to provide the
patient with the best care.

As part of this system transformation, the state has spent billions of
dollars building an infrastructure, the Statewide Health Information
Network of New York (SHIN-NY) and bringing all regional health
information organizations (RHIOs) onto a level playing field, in order
to facilitate this sharing of health information. CMS, pursuant to the
federal waiver, requires that certain providers connect and share
information. By bringing together more providers, this legislation
will help advance the success of this network and achieve the trip aim
of improving health, enhancing quality and reducing cost.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Two years; provided the Commissioner is authorized to promulgate
regulations immediately.