BILL NUMBER: SB 270 AMENDED BILL TEXT AMENDED IN SENATE MAY 5, 2009 AMENDED IN SENATE APRIL 23, 2009 INTRODUCED BY Senator Alquist FEBRUARY 24, 2009 An act to add Division 109.5 (commencing with Section 130250) to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST SB 270, as amended, Alquist. Health Information Technology Advisory Panel. Existing law establishes the Office of Health Information Integrity within the California Health and Human Services Agency to ensure the enforcement of state law mandating confidentiality of medical information and to impose administrative fines for the unauthorized use of medical information. This bill would, in addition, establish the Health Information Technology Advisory Panel to advise the Governor and the Legislature on health information technology implementation. This bill would provide for the appointment of panel members, establish the qualifications of members, and set forth the duties of the panel. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Division 109.5 (commencing with Section 130250) is added to the Health and Safety Code, to read: DIVISION 109.5. Health Information Technology Advisory Panel 130250. (a) There is hereby created a health information technology advisory panel to advise the Governor and the Legislature on health information technology implementation in California. The panel shall be composed of the following voting members: (1) Two representatives of consumers, one of whom shall have expertise in privacy and security of health information. (2) One representative from a hospital. (3) One representative from a primary care clinic. (4) One representative from a health plan or health insurer. (5) Two representatives from a medical group, one of whom shall represent a group of specialists. (6) Two representatives from health care professions who are not physicians. (7) One representative who is a solo or small group physician. For purposes of this section, "small group physician" means a physician who is part of a group of five or fewer physicians. (8) One representative who is a
physician who is part of an independent physician association.solo or small group physician representing specialty care. (9) One representative who has expertise in telemedicine or telehealth. (10) Two representatives from institutions of higher education that offer medical or clinical education or health informatics, one of whom represents a public institution. (11) One representative from the California Council on Science and Technology. (12) One representative from a nonprofit entity who has demonstrated expertise in health information technology. (13) One representative with expertise in the use of health information technology to manage chronic disease. (b) Of the panel members as provided for in subdivision (a) the Governor shall appoint __ members, the Senate Committee on Rules shall appoint __ members, and the Speaker of the Assembly shall appoint __ members. (c) The following shall also participate in the panel as ex officio, nonvoting members: (1) The Secretary of Business, Transportation and Housing, or his or her designee. (2) The Secretary of Health and Human Services, or his or her designee. (3) The chair of the Senate Committee on Health, or his or her designee. (4) The chair of the Assembly Committee on Health, or his or her designee. (5) The State Chief Information Officer, or his or her designee. 130251. (a) Voting members shall have demonstrated expertise in the provision, use, or deployment of health information technologies to providers, provider groups, provider facilities, consumers, patients, or communities. (b) The initial term of voting members shall be staggered, with eight members being appointed for a two-year term and nine members being appointed for a four-year term. Upon the expiration of the initial term, all voting members shall be appointed for a four-year term. (c) The panel shall elect, from among its members, a chair who shall regularly report to the Governor and the Legislature on behalf of the panel. 130252. (a) The panel shall do all of the following: (1) Make recommendations to maximize the state's eligibility and award of federal stimulus funds, authorized by the American Recovery and Reinvestment Act of 2009 (ARRA) (Public Law 111-5), related to the use of health information technology. (2) Advise the Governor and the Legislature on a mechanism for designating a nonstate entity, and whether such a nonstate entity is desirable, for executing tasks related to accessing federal stimulus funds made available through ARRA. (3) Make recommendations to ensure that safety net providers have access to federal stimulus funds for which they are eligible. (4) Make recommendations for sources necessary to match federal dollars in the award of funds made available through ARRA. (5) Make recommendations for working with higher education entities to incorporate medical informatics and health care information enterprise integration into the higher education curriculum, and information technology into clinical education. (6) Make recommendations for standards and certification to federal policy makers and the Office of the National Coordinator for Health Information Technology in the federal Department of Health and Human Services. (7) Make recommendations on qualifications for centers in the state that may provide technical assistance and best practices related to health information technology and me aningful assistance on its implementation . (8) Make recommendations to ensure that providers have access to information on federal incentive payments available under ARRA that will help them maximize their eligibility under ARRA , including understanding of "meaningful use" as defined in federal law. (9) Meet at least monthly in the first year, and, thereafter, as deemed necessary by the chair. (b) The panel shall make a recommendation in 2014 whether continued need for the advisory panel exists beyond 2016. (c) All members of the advisory panel shall serve without compensation. Members of the panel shall be reimbursed for all necessary travel expenses associated with the activities of the panel. Consumer representatives on the panel may receive per diem compensation if they are otherwise economically unable to attend and participate in panel activities.