Section 1 (62J.495, subdivision 1a) conforming change.

Section 2 (62J.495, subdivision 3) requires that an electronic health record system must be connected to a state-certified health information organization either directly or through a connection facilitated by a state certified health data intermediary.

Section 3 (62J.497, subdivision 4) strikes language stating that facsimile is not considered secure electronic transmissions.

Section 4 (62J.497, subdivision 5) requires the Administrative Uniformity Committee to develop the standard companion guide by which providers and group purchasers will exchange standard drug authorization requests using electronic data interchange standards. This section also delays until January 1, 2015, the requirement that drug prior authorization requests be accessible and submitted and accepted electronically.

Section 5 (62J.498) establishes oversight for health information exchange.

Subdivision 1 defines terms.

Subdivision 2 requires the Commissioner of Health to provide the necessary on regulatory action to protect the public interest in matters pertaining to health information exchange.

Section 6 (62J.4981) creates a certificate of authority for the provision of health information exchange services.

Subdivision l requires an entity providing health information exchange services to apply to the commissioner for a certificate of authority under this section. Permits an applicant to continue to operate until the commissioner acts on the application.

Subdivision 2, paragraph (a), requires a health data intermediary that provides certain health information exchange services to be registered with the state and comply with this section.

Paragraph (b) states that any corporation may apply to the commissioner for a certificate of authority to establish and operate a health data intermediary in compliance with this section. No person shall establish or operate a health data intermediary unless the organization has a certificate of authority or has an application under active consideration.

Paragraph (c) states the criteria that are to be considered by the commissioner in issuing a certificate of authority.

Subdivision 3, paragraph (a), requires health information organizations that provide electronic transaction capabilities necessary to support clinical transactions necessary for meaningful use of electronic health records to obtain a certificate of authority from the commissioner.

Paragraph (b) states that any nonprofit corporation may apply for a certificate of authority to establish and operate a health information organization, and that a certificate of authority is required to establish and operate a health information organization.

Paragraph (c) states the criteria that are to be considered by the commissioner in issuing a certificate of authority.

Paragraph (d) states the requirements that must be met by health information organizations have been issued a certificate of authority.

Subdivision 4, paragraph (a), requires each application for a certificate of authority to be in a form prescribed by the commissioner and verified by an officer or authorized representative of the applicant. States what should be included in each application.

Paragraph (b) requires the commissioner, within 30 days of receiving the application, to

determine whether or not the application meets the requirements for completion and notify the applicant of any further information required for the application to be processed.

Paragraph (c) requires the commissioner, within 90 days of receiving a completed application, to issue a certificate of authority if the commissioner determines that the applicant meets the criteria requirements for health data intermediaries or for health information organizations. If the commissioner determines that the applicant is not qualified, the commissioner shall notify the applicant and specify the reasons for disqualification.

Paragraph (d) requires the organization, upon being granted a certificate of authority, to operate in compliance with the provisions of this section. Noncompliance may result in a fine or the suspension or revocation of the certificate of authority.

Subdivision 5, paragraph (a), states that reciprocal agreements between two health information organizations or between a health information organization and a health data intermediary must include a fair and equitable model for charges between the entities.

Paragraph (b) states that reciprocal agreements must include comparable quality of services standards that ensure equitable levels of services.

Paragraph (c) states that reciprocal agreements are subject to review and approval by the commissioner.

Paragraph (d) states that nothing in this section prohibits a state-certified health information organization or a state certified health data intermediary from entering into contractual agreements for the provision of value added services beyond meaningful use.

Section 5 (62J.4982) provides enforcement authority to the commissioner.

Subdivision 1 authorizes the commissioner to issue an administrative penalty in an amount up to $25,000 for each violation. States the factors that the commissioner shall consider in determining the amount of the penalty.

Subdivision 2 authorizes the commissioner to suspend or revoke a certificate of authority issued to a health data intermediary or a health information organization.

Subdivision 3 describes the administrative procedures that the commissioner must follow if the commissioner has reason to believe that grounds exist for the denial, suspension, or revocation of a certificate of authority.

Subdivision 4 requires the commissioner to seek the advice of the Minnesota e-Health Advisory Committee in the review and update of criteria for the certification and recertification of health information exchange service providers when implementing these sections. Requires the commissioner to report by January 1, 2011, to the Governor and the Legislature on the status of health information exchange in Minnesota and provide recommendations on further action necessary to facilitate the secure electronic movement of health information among providers that will enable providers and hospitals to meet meaningful use exchange requirements.

Subdivision 5 establishes fees for the health information exchange service providers.

Section 6 appropriates money from the state government special revenue fund.

KC:ph

Check on the status of this bill

Back to Senate Counsel and Research Bill Summaries page

This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.

Last review or update: 03/23/2010

If you see any errors on this page, please e-mail us at webmaster@senate.mn.