Rep. Stark Introduces Bill To Create Electronic Medical Records System, Strengthen Privacy

Main Category: IT / Internet / E-mail
Also Included In: Public Health;  Medicare / Medicaid / SCHIP
Article Date: 17 Sep 2008 - 6:00 PDT

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Rep. Pete Stark (D-Calif.), chair of the House Ways and Means Health Subcommittee, introduced a bill Monday that aims to create a national system of electronic medical records that would use Medicare reimbursement to encourage hospitals and physicians to adopt new technologies, CongressDaily reports. The measure would create a series of incentives for physicians and hospitals that utilize an approved health information technology system. It also would encourage adoption of the new technologies by providing funds through a matching grant program geared toward those who provide care in low-income, rural and medically underserved areas, not-for-profit facilities and providers who receive little or no Medicare incentives.

According to CongressDaily, the bill also would prohibit the sale of personal health information and require consent before entities use that data for purposes such as marketing. Patients also would be able to request an audit trail of medical record disclosures. Stark decided against including a "private right of action" in the measure, which would have allowed patients to sue for improper use of records (Noyes, CongressDaily, 9/16).

Civil monetary penalties for privacy violations are strengthened within the bill, and business associates would receive an extension of the same privacy protections and penalties that apply to providers, BNA Health Care Daily reports. Stark's bill, titled the Health-e Information Technology Act of 2008, also would require patient notification within 60 days if a breach in electronic records has occurred. HHS would be given authority to pursue penalties for privacy violations even if the Department of Justice does not act (Teske, BNA Health Care Daily, 9/16).

A House Democratic aide said that the measure could be marked up by the full House Ways and Means Committee next week. However, with health IT legislation stalled in the Senate, it is unlikely that health IT legislation will be passed by Congress this year, BNA Health Care Daily reports (BNA Health Care Daily, 9/16).

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