Electronic Health Records Bill Introduced in House

June 30, 2008

House Energy and Commerce Committee Chairman John Dingell (D-Mich.) and ranking member Joe Barton (R-Texas) introduced a bill on June 24 that would promote the adoption of a nationwide electronic health record (EHR) system. The Protecting Records, Optimizing Treatment, and Easing Communication through Healthcare Technology Act of 2008 or the PRO(TECH)T Act of 2008 (H.R. 6357) passed the House Energy and Commerce Committee’s Subcommittee on Health by voice vote on June 26, but not without some concern.

Several issues have hindered the ability of Congress to pass EHR legislation to date. Beyond the cost of the hardware and the technical support needed to maintain the system, patient privacy protections have caused the most heated debate during the introduction and consideration of the legislation. In particular, many critics have argued that current Health Insurance Portability and Accountability Act (HIPAA) privacy requirements must be amended, or a new layer of standards must be developed to ensure privacy of patient health data. Others have argued that if too many requirements existed then providers and facilities would be deterred from using EHR in their facilities because of liability concerns.

In response to these concerns, lawmakers clarified the definition of a security breach, and increased patient privacy protections in the bill. The bill would require health care providers and other authorities to inform patients within 60 days if the security of their personal health data has been breached. In addition, the measure would codify the office of the National Coordinator for Health Information Technology at the Department of Health and Human Services, and it would establish a process for developing technical standards for health IT. The bill also would authorize $575 million per year through fiscal year 2013 to provide grants and loans for health care providers to purchase health IT systems.

Dingell and Energy and Commerce Subcommittee on Health Chairman Frank Pallone (D-NJ) have indicated their intention to pass this legislation before the 110th Congress adjourns.

EHRs have long been praised as a way to make health care better and more efficient. NSBA’s principles for health care reform include the implementation of electronic records and procedures including digital prescription writing, individual electronic medical records, and universal physician IDs as means to reduce unnecessary procedures, increase efficiency, and improve quality of care. Click here to read more about NSBA's small business health care reform agenda.