[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2063 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2063

   To direct the Secretary of Veterans Affairs to submit to Congress 
      certain documents relating to the Electronic Health Record 
      Modernization Program of the Department of Veterans Affairs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2017

 Mr. Tester (for himself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of Veterans Affairs to submit to Congress 
      certain documents relating to the Electronic Health Record 
      Modernization Program of the Department of Veterans Affairs.

    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 ``Veterans' Electronic Health Record 
Modernization Oversight Act of 2017''.

SEC. 2. OVERSIGHT OF ELECTRONIC HEALTH RECORD MODERNIZATION PROGRAM.

    (a) Program Documents.--Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to the appropriate congressional committees the following 
documents concerning the Electronic Health Record Modernization 
Program:
            (1) Integrated Master Plan.
            (2) Integrated Master Schedule.
            (3) Program Management Plan.
            (4) Annual and lifecycle cost estimates, including, at a 
        minimum, cost elements relating to--
                    (A) Federal Government labor;
                    (B) contractor labor;
                    (C) hardware;
                    (D) software; and
                    (E) testing and evaluation.
            (5) Cost baseline.
            (6) Risk Management Plan.
            (7) Health IT Strategic Architecture Plan.
            (8) Transition Plan for implementing updated architecture.
            (9) Data Migration Plan.
            (10) System and Data Security Plan.
            (11) Application Implementation Plan.
            (12) System Design Documents.
            (13) Legacy Veterans Information Systems and Technology 
        Architecture Standardization, Security Enhancement, and 
        Consolidation Project Plan.
            (14) Health Data Interoperability Management Plan.
            (15) Community Care Vision and Implementation Plan, 
        including milestones and a detailed description of how complete 
        interoperability with non-Department health care providers will 
        be achieved.
    (b) Quarterly Updates.--Not later than 30 days after the end of 
each fiscal quarter during the period beginning with the fiscal quarter 
in which this Act is enacted and ending on the date on which the 
Electronic Health Record Modernization Program is completed, the 
Secretary shall submit to the appropriate congressional committees the 
most recent updated versions, if any exist, of the following documents:
            (1) Integrated Master Schedule.
            (2) Program Management Plan, including any written Program 
        Management Review material developed for the Program Management 
        Plan during the fiscal quarter covered by the submission.
            (3) Each document described in section (a)(4).
            (4) Performance Baseline Report for the fiscal quarter 
        covered by the submission or for the fiscal quarter ending the 
        fiscal year prior to the submission.
            (5) Budget Reconciliation Report.
            (6) Risk Management Plan and Risk Register.
    (c) Contracts.--Not later than five days after awarding a contract, 
order, or agreement, including any modifications thereto, under the 
Electronic Health Record Modernization Program, the Secretary shall 
submit to the appropriate congressional committees a copy of the entire 
such contract, order, agreement, or modification.
    (d) Notification.--
            (1) Requirement.--Not later than 10 days after an event 
        described in paragraph (2) occurs, the Secretary shall notify 
        the appropriate congressional committees of such occurrence, 
        including a description of the event and an explanation for why 
        such event occurred.
            (2) Event described.--An event described in this paragraph 
        is any of the following events regarding the Electronic Health 
        Record Modernization Program:
                    (A) The delay of any milestone or deliverable by 30 
                or more days.
                    (B) A request for equitable adjustment, equitable 
                adjustment, or change order exceeding $1,000,000 (as 
                such terms are defined in the Federal Acquisition 
                Regulation).
                    (C) The submission of any protest, claim, or 
                dispute, and the resolution of any protest, claim, or 
                dispute (as such terms are defined in the Federal 
                Acquisition Regulation).
                    (D) A loss of clinical or other data.
                    (E) A breach of patient privacy, including any--
                            (i) disclosure of protected health 
                        information that is not permitted under 
                        regulations promulgated under section 264(c) of 
                        the Health Insurance Portability and 
                        Accountability Act of 1996 (Public Law 104-191; 
                        42 U.S.C. 1320d-2 note); and
                            (ii) breach of sensitive personal 
                        information (as defined in section 5727 of 
                        title 38, United States Code).
    (e) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committees on Veterans' Affairs of the 
                House of Representatives and the Senate; and
                    (B) the Committees on Appropriations of the House 
                of Representatives and the Senate.
            (2) The term ``Electronic Health Record Modernization 
        Program'' means--
                    (A) any activities by the Department of Veterans 
                Affairs to procure or implement an electronic health or 
                medical record system to replace any or all of the 
                Veterans Information Systems and Technology 
                Architecture, the Computerized Patient Record System, 
                the Joint Legacy Viewer, or the Enterprise Health 
                Management Platform; and
                    (B) any contracts or agreements entered into by the 
                Secretary of Veterans Affairs to carry out, support, or 
                analyze the activities under subparagraph (A).
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