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Introduced Version House Bill 3225 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3225


(By Delegates Staggers, Burdiss, Perry and Kessler)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §5A-6-8 of the Code of West Virginia, 1931, as amended, relating to providing for the appointment of a commission to undertake a field test of a standardized format for a comprehensive, statewide, integrated system for access to electronic medical records; and to make recommendations regarding the implementation of the system.

Be it enacted by the Legislature of West Virginia:
That §5A-6-8 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 6. OFFICE OF TECHNOLOGY.
§5A-6-8. Exemptions.
(a) The provisions of this article do not apply to the Legislature, the judiciary or any state constitutional officer designated in section two, article seven, chapter six of this code.
(b) Notwithstanding any other provision of this article to the contrary, except for participation in the compilation and maintenance of an inventory of information technology and technical infrastructure of the state authorized by section four of this article, the provisions of this article do not apply to the West Virginia Board of Education, the West Virginia Department of Education or the county boards of education. However, the West Virginia Board of Education, the West Virginia Department of Education and the county boards of education will attempt to cooperate and collaborate with the Chief Technology Officer to the extent feasible.
(c) The Governor may by executive order exempt from the provisions of this article any entity created and organized to facilitate the public and private use of health care information and the use of electronic medical records throughout the state: Provided, That not later than the first day of July, two thousand eight, the Governor shall appoint and chair an eight member commission to include at least two physicians, a representative of other health care providers, a representative of the insurance industry, the Commissioner of the Bureau for Public Health, a representative of the general public and the chief technology officer to develop a statewide standardized electronic medical records that allow the transfer of electronic medical record data from facility to facility and provider to provider and which shall be compatible with the federal system of electronic medical record software. The commission shall meet on the call of the Governor and shall proceed to review the current system of access to medical records and develop a proposal to field test an electronic medical records access system. If agreed by the Governor and from funds appropriated therefor by the Legislature, the commission shall obtain bids from qualified businesses to field test the proposed medical records access system.
The commission may contract with any qualified business offering the most user friendly and least expensive program to field test from among the three lowest bidders. Upon the completion of the field test, the commission shall make recommendations to the Governor and the Legislature as may be necessary to implement an integrated statewide standardized electronic medical records access system.



NOTE: The purpose of this bill is to provide for the appointment of a commission to develop and conduct a field test of a comprehensive, integrated statewide standardized electronic medical records access system.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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