Directs hospitals, office-based surgery practices and health care providers who accept walk-in patients, who are not regularly seen by the provider, to utilize and maintain an electronic health records system

1 Co-sponsor

• William J. Larkin Jr.

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.