[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[House]
[Pages H6278-H6279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VA ELECTRONIC HEALTH RECORD TRANSPARENCY ACT OF 2021
Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4591) to direct the Secretary of Veterans Affairs to submit
to Congress periodic reports on the costs of the Department of Veterans
Affairs Electronic Health Record Modernization program, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4591
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 ``VA Electronic Health Record
Transparency Act of 2021''.
SEC. 2. REPORTS ON COSTS, PERFORMANCE METRICS, AND OUTCOMES
OF DEPARTMENT OF VETERANS AFFAIRS ELECTRONIC
HEALTH RECORD MODERNIZATION PROGRAM.
(a) In General.--Section 503 of the Veterans Benefits and
Transition Act of 2018 (Public Law 115-407; 38 U.S.C. 5701
note prec.) is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Quarterly Reports.--
``(1) Reports on costs of ehrm program.--Not later than 90
days after the date of the enactment of the VA Electronic
Health Record Transparency Act of 2021, and every 30 days
after the last day of each fiscal quarter thereafter until
the termination date specified in paragraph (3), the
Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the costs of the Electronic
Health Record Modernization program of the Department of
Veterans Affairs. Each such report shall include, for the
period covered by the report and for the total period
beginning on the date of the enactment of the VA Electronic
Health Record Transparency Act of 2021 and ending on the date
of the submittal of the report, a description of all actual
expenses of, and driven by, such program, including any such
expenses paid using--
``(A) any funds appropriated for the Department of Veterans
Affairs, for any source or account, expended by any
organizational element of the Department or by the Federal
Electronic Health Record Modernization Office for the
Electronic Health Record Modernization Program;
``(B) any funds, from any source or account, expended by
any organizational element of the Department for physical or
technology infrastructure modifications, enhancements,
improvements, or expansions at a facility of the Department
necessitated by, or related or pertaining to, the Electronic
Health Record Modernization Program; and
``(C) any funds, from any source or account, expended by
any organizational element of the Department or by the
Federal Electronic Health Record Modernization Office for
consultants, support contractors, or experts related or
pertaining to the Electronic Health Record Modernization
Program.
``(2) Reports on performance metrics and outcomes.--Not
later than 90 days after the date of the enactment of the VA
Electronic Health Record Transparency Act of 2021, and every
30 days after the last day of each fiscal quarter thereafter
until the termination date specified in paragraph (3), the
Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on the performance metrics and
outcomes of the Electronic Health Record Modernization
Program. Each such report shall include, for the period
covered by the report--
``(A) a list of the quality, performance, safety, or value
metrics, key performance indicators, and other diagnostic or
evaluation criteria in use to assess the Electronic Health
Record Modernization Program and the electronic health record
system, in general and at individual facilities, with respect
to veterans, employees of the Department, and Departmental
operations;
``(B) an explanation of any change to any of such metrics,
indicators, and criteria compared to the metrics, indicators,
and criteria included in any previous report submitted under
this paragraph;
``(C) the data supporting or demonstrating each such
metric, indicator, and criteria compared to the data
supporting or demonstrating such metric, indicator, or
criteria as included in the previous report submitted under
this paragraph; and
``(D) a list of patient safety reports, incidents, alerts,
or disclosures at each facility of the Department where the
electronic health record system has been implemented.
``(3) Termination date.--The requirement to submit a report
under paragraph (1) shall terminate on the date that is 90
days after the date on which the Secretary submits to the
Committees on Veterans' Affairs of the Senate and House of
Representatives certification that the Electronic Health
Record Modernization program has been fully implemented.'';
and
(3) in subsection (f), as redesignated by paragraph (1), by
adding at the end the following new paragraphs:
``(3) The term `electronic health record system' means the
electronic health record system implemented pursuant to the
Electronic Health Record Modernization Program.
``(4) The term `Federal Electronic Health Record Management
Office' means the office established under section 1635(b) of
the Wounded Warrior Act (title XVI of Public Law 110-181; 10
U.S.C. 1071 note).
``(5) The term `facility of the Department' includes a
joint facility of the Department of Veterans Affairs and the
Department of Defense.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to insert extraneous material on H.R. 4591, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 4591, the VA Electronic
Health Record Transparency Act of 2021, as amended.
The Department of Veterans Affairs has struggled to produce reliable
cost estimates and reporting on the infrastructure needs associated
with its $16 billion electronic health record modernization project.
This bill is a good governance measure which will enable Congress to
conduct better oversight and hold VA accountable for its spending.
It is essential that we ensure that taxpayer funds meant to serve
veterans are being used properly and that VA is maintaining detailed
records of its IT and physical infrastructure expenditures. We owe that
to the veterans who get their care from VA and to the American
taxpayer.
Mr. Speaker, I urge all of my colleagues to support H.R. 4591, as
amended, which was unanimously supported in committee.
I reserve the balance of my time, Mr. Speaker.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 4591, as amended, the VA
Electronic Health Record Transparency Act.
Since the very beginning of the Electronic Health Record
Modernization, or the EHRM, program, this committee has been requesting
accurate and up-to-date lifecycle cost estimates from VA. Despite our
requests, VA has never provided a credible lifecycle cost estimate.
VA's cost estimates could not withstand even the most basic scrutiny.
[[Page H6279]]
This bill would require quarterly reports on the costs of the EHRM
program. It would also capture the roughly $5 billion of costs the
Inspector General found were unaccounted for and any other costs that
VA has not been including.
Of course, cost is not everything. The electronic health record
program needs to help the VA medical staff better care for veterans.
That is why this bill would also require VA to report on performance
and safety metrics. These data points will allow us to evaluate the
program and determine whether it is making VA medical centers safer,
faster, and better.
Mr. Speaker, I am proud of the bipartisan work of the Technology
Modernization Subcommittee, and I am also pleased to be the original
cosponsor of this bill.
Mr. Speaker, I encourage all of my colleagues to support H.R. 4591,
as amended, and I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from
Indiana (Mr. Mrvan), who is my good friend and a member of the House
Committee on Veterans' Affairs and chairman of the Subcommittee on
Technology Modernization.
Mr. MRVAN. Mr. Speaker, I thank Chairman Takano for yielding me time.
Mr. Speaker, earlier this year the VA Office of the Inspector General
released two separate reports highlighting VA's failure to conduct
reliable lifecycle cost estimates for its Electronic Health Record
Modernization program.
Specifically, the IG repeatedly found unreliable and incomplete
estimates for infrastructure upgrades and costs as well as inadequate
reporting of those costs.
Given the size and scope of the EHRM program, the lack of accurate
cost estimates hampers VA's ability to provide Congress with an
accurate picture of the cost and scale of efforts to modernize IT and
physical infrastructure at VA medical centers.
This piece of legislation will address these issues. It requires VA
to look at all costs across VHA, OIT, and any other programs for any
amount expended on the EHRM program, including for infrastructure
projects and contractors that were not part of the original contract.
This legislation also requires VA to provide the committee with reports
on performance metrics and outcomes.
I thank Chairman Takano and Ranking Member Bost for their leadership
and for cosponsoring this legislation as well as all of the other
cosponsors and the committee members who have truly made this a
bipartisan effort.
Mr. Speaker, I encourage my colleagues to support this bill.
{time} 1230
Mr. BOST. Mr. Speaker, I encourage all of my colleagues to support
this bill, and I yield back the balance of my time.
Mr. TAKANO. Mr. Speaker, I ask all of my colleagues to join me in
passing H.R. 4591, the VA Electronic Health Record Transparency Act of
2021, as amended, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, H.R. 4591, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to direct
the Secretary of Veterans Affairs to submit to Congress periodic
reports on the costs, performance metrics, and outcomes of the
Department of Veterans Affairs Electronic Health Record Modernization
program.''.
A motion to reconsider was laid on the table.
____________________