SENATE DOCKET, NO. 2056        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1305

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act ensuring timely electronic health record interoperability across health systems to protect patient lives.

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PETITION OF:

SENATE DOCKET, NO. 2056        FILED ON: 1/18/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1305

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act ensuring timely electronic health record interoperability across health systems to protect patient lives.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Notwithstanding any special or general law to the contrary, by January 1, 2020 all provider organizations including, but not limited to, acute care hospitals, community health centers, and medical ambulatory practices shall (1) connect to and utilize the Mass HIway system established pursuant to chapter 118I and 101 CMR 20.08 in order to implement interoperability across health systems by sending and receiving HIway direct messaging and (2) notify all patients of their right to participate in the health information exchange authorizing the provider to transfer or access all or any part of a patient’s electronic health record pursuant to section 13 of chapter 118I and 101 CMR 20.07.

Notwithstanding section 8 of chapter 118I, the executive office of health and human services shall assess a penalty to any provider organization that fails to comply with this Act as follows: (1) for acute care hospitals no more than $30,000 per month; (2) for large medical ambulatory practices no more than $20,000 per month; (3) for medium medical ambulatory practices no more than $5,000 per month; (4) for community health centers and small medical ambulatory practices no more than $1,000 per month.   The executive office of health and human services may issue a waiver if the provider organization does not have broadband internet access or can demonstrate good cause.