[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3846 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3846

To provide for the establishment and maintenance of electronic personal 
 health records for individuals and family members enrolled in Federal 
  employee health benefits plans under chapter 89 of title 5, United 
                  States Code, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2006

  Mr. Carper (for himself and Mr. Voinovich) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment and maintenance of electronic personal 
 health records for individuals and family members enrolled in Federal 
  employee health benefits plans under chapter 89 of title 5, United 
                  States Code, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees Electronic 
Personal Health Records Act of 2006''.

SEC. 2. ELECTRONIC PERSONAL HEALTH RECORDS FOR FEDERAL EMPLOYEE HEALTH 
              BENEFITS PLANS.

    (a) Contract Requirement.--Section 8902 of title 5, United States 
Code, is amended by adding at the end the following:
    ``(p) Each contract under this chapter shall require the carrier to 
provide for the establishment and maintenance of electronic personal 
health records in accordance with section 8915.''.
    (b) Electronic Personal Health Records.--Chapter 89 of title 5, 
United States Code, is amended by adding after section 8914 the 
following:
``Sec. 8915. Electronic personal health records
    ``(a) In this section, the term--
            ``(1) `claims data' means--
                    ``(A) a comprehensive record of health care 
                services provided to an individual, including 
                prescriptions; and
                    ``(B) contact information for providers of health 
                care services; and
            ``(2) `standard electronic format' means a format that--
                    ``(A) uses open electronic standards;
                    ``(B) enables health information technology to be 
                used for the collection of clinically specific data;
                    ``(C) promotes the interoperability of health care 
                information across health care settings, including 
                reporting under this section and to other Federal 
                agencies;
                    ``(D) facilitates clinical decision support;
                    ``(E) is useful for diagnosis and treatment and is 
                understandable for the individual or family member; and
                    ``(F) is based on the Federal messaging and health 
                vocabulary standards--
                            ``(i) developed by the Consolidated Health 
                        Informatics Initiative; or
                            ``(ii) developed and endorsed by the Office 
                        of the National Coordinator for Health 
                        Information Technology, the American Health 
                        Information Community, or the Secretary of 
                        Health and Human Services.
    ``(b)(1) Each carrier entering into a contract for a health 
benefits plan under section 8915 shall provide for the establishment 
and maintenance of electronic personal health records for each 
individual and family member enrolled in that health benefits plan in 
accordance with this section.
    ``(2) In the administration of this section, the Office of 
Personnel Management--
            ``(A) shall ensure that each individual and family member 
        is provided--
                    ``(i) timely notice of the establishment and 
                maintenance of electronic personal health records; and
                    ``(ii) an opportunity to file an election at any 
                time to--
                            ``(I) not participate in the establishment 
                        or maintenance of an electronic personal health 
                        record for that individual or family member; 
                        and
                            ``(II) in the case of an electronic 
                        personal health record that is established 
                        under this section, terminate that electronic 
                        personal health record;
            ``(B) shall ensure that each electronic personal health 
        record shall--
                    ``(i) be based on standard electronic formats;
                    ``(ii) be available for electronic access through 
                the Internet for the use of the individual or family 
                member to whom the record applies;
                    ``(iii) enable the individual or family member to--
                            ``(I) share any contents of the electronic 
                        personal health record through transmission in 
                        standard electronic format, fax transmission, 
                        or other additional means to providers of 
                        health care services or other persons;
                            ``(II) copy or print any contents of the 
                        electronic personal health record; and
                            ``(III) add supplementary health 
                        information, such as information relating to--
                                    ``(aa) personal, medical, and 
                                emergency contacts;
                                    ``(bb) laboratory tests;
                                    ``(cc) social history;
                                    ``(dd) health conditions;
                                    ``(ee) allergies;
                                    ``(ff) dental services;
                                    ``(gg) immunizations;
                                    ``(hh) prescriptions;
                                    ``(ii) family health history;
                                    ``(jj) alternative treatments;
                                    ``(kk) appointments; and
                                    ``(ll) any additional information 
                                as needed;
                    ``(iv) contain--
                            ``(I) claims data from--
                                    ``(aa) providers of health care 
                                services that participate in health 
                                benefits plans under this chapter;
                                    ``(bb) to the extent feasible, 
                                other providers of health care 
                                services; and
                                    ``(cc) to the extent feasible, 
                                other health benefits plans in which 
                                the individual or family members have 
                                participated;
                            ``(II) clinical care, pharmaceutical, and 
                        laboratory records; and
                            ``(III) the name of the source for each 
                        item of health information;
                    ``(v) authenticate the identity of each individual 
                upon accessing the electronic personal health record; 
                and
                    ``(vi) contain an audit trail to list the identity 
                of individuals who access the electronic personal 
                health record; and
            ``(C) shall ensure that the individual or family member may 
        designate--
                    ``(i) any other individual to access and exercise 
                control over the sharing of the electronic personal 
                health record; and
                    ``(ii) any other individual to access the 
                electronic personal health record in an emergency;
            ``(D) shall require each health benefits plan to comply 
        with all privacy and security regulations promulgated under 
        section 246(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (42 U.S.C. 1320d-2) and other 
        relevant laws relating to privacy and security;
            ``(E) shall require each carrier that enters into a 
        contract for a health benefits plan to provide for the 
        electronic transfer of the contents of an electronic personal 
        health record to another electronic personal health record 
        under a different health benefits plan maintained under this 
        section or a similar record not maintained under this section 
        if--
                    ``(i) coverage in a health benefits plan under this 
                chapter for an individual or family member terminates; 
                and
                    ``(ii) that individual or family member elects such 
                a transfer;
            ``(F) shall require each carrier to provide for education, 
        awareness, and training on electronic personal health records 
        for individuals and family members enrolled in health benefits 
        plans; and
            ``(G) may require each carrier to provide for an electronic 
        personal health record to be made available for electronic 
        access, other than through the Internet, for the use of the 
        individual or family member to whom the record applies, if that 
        individual or family member requests such access.''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 89 of title 5, United States Code, is amended by adding at the 
end the following:

``Sec. 8915. Electronic personal health records.''.

SEC. 3. EFFECTIVE DATES AND APPLICATION.

    (a) In General.--Except as provided under subsection (b), the 
amendments made by this Act shall take effect 30 days after the date of 
enactment of this Act.
    (b) Establishment and Maintenance of Electronic Personal Health 
Records.--The requirement for the establishment and maintenance of 
electronic personal health records under sections 8902(p) and 8915 of 
title 5, United States Code (as added by this Act), shall apply with 
respect to contracts for health benefits plans under chapter 89 of that 
title which take effect on and after January of the earlier of--
            (1) the first calendar year following 2 years after the 
        date of enactment of this Act; or
            (2) any calendar year determined by the Office of Personnel 
        Management.
                                 <all>