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:

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 standard endorsed by— (i)the Office of the National Coordinator for Health Information Technology; (ii)the American Health Information Community; or (iii)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)to the extent feasible, claims data from— (aa)providers of health care services that participate in health benefits plans under this chapter; (bb)other providers of health care services; and (cc)other health benefits plans in which the individual or family members have participated; (II)to the extent feasible, 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. (3)Nothing in paragraph (2)(C) shall be construed to provide any rights additional to the rights provided under the 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.

(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.