H.R. 2991 would improve the availability of health information and the provision of health care by encouraging the creation, use, and maintenance of lifetime electronic health records of individuals in independent health record trusts and by providing a secure and privacy-protected framework in which such records are made available only by the affirmative consent of such individuals and are used to build a nationwide health information technology infrastructure.
Detailed Summary
Independent Health Record Trust Act of 2007 - Directs the Federal Trade Commission (FTC) to prescribe standards for the establishment, certification, operation, and interoperability of independent health record trusts (IHRTs).
Establishes a fiduciary duty requiring an IHRT to act for the benefit and interest of participants and of the IHRT as a whole. Sets forth penalties for any knowing or reckless breach of such duty.
Sets forth permitted uses for an electronic health record, including: (1) a primary use for purposes of the individual's self-care or care by health care professionals; and (2) a secondary use for purposes of public health research or related activities.
Directs that participation in an IHRT, or authorizing access to information from such trust, is voluntary. Prohibits any person from requiring that an individual participate in, or authorize access to information from, an IHRT.
Authorizes an IHRT to generate revenue to pay for operations through: (1) charging participants account fees; (2) charging authorized IHRT data users for accessing electronic health records; (3) the sale of information; and (4) any other activity determined appropriate by the FTC. Prohibits an IHRT from charging a fee for the transmittal of information from a health care provider to be included in an independent electronic health record.
Requires the Secretary of Health and Human Services to establish an Interagency Steering Committee to coordinate the implementation of this Act. Requires the National Committee for Vital and Health Statistics to serve as an advisory committee for IHRTs.
Status of the Legislation
Latest Major Action: 7/17/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Health.
Points in Favor
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Points Against
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Visitor Comments
Daniel Castro
The Information Technology & Innovation Foundation (ITIF) a non-profit, non-partisan think tank released a report outlining the benefits of health IT and the rationale for health record data trusts (health record data banks).
http://www.itif.org/index.php?id=88
Gregg Marinelli
HR 2991 does not specify the creation of data banks. It does not specify technology at all. Instead, it specifies policy pertaining to privacy and security in the access of health records. The trusts themselves need not contain any health data. Under the bill, they could be constituted as federated indices, leaving data in the hands of participating originators.
http://www.connectingforhealth.org/commonframework/docs/Overview.pdf