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.