HF 2438 (LSB 5875HV (3) 88)

HOUSE FILE 2438

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO HF 2262)

A BILL FOR

An Act relating to health data including the collection and use of hospital data and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135.166, subsection 1, paragraph a, Code 2020, is amended to read as follows:
   a.  The department of public health shall enter into a memorandum of understanding with the contractor selected through a request for proposals process to act as the department’s intermediary in collecting, maintaining, and disseminating hospital inpatient, outpatient, and ambulatory data, as initially authorized in 1996 Iowa Acts, ch. 1212, §5, subsection 1, paragraph “a”, subparagraph (4), and 641 IAC 177.3.  The request for proposals shall prohibit the contractor from charging a hospital a fee for access to or submission of the data collected from a hospital in the state.
    Sec. 2.  2019 Iowa Acts, chapter 85, section 97, is amended to read as follows:
   SEC. 97.  REQUEST FOR PROPOSALS PROCESS —— TRANSITION.  The department of public health shall continue the memorandum of understanding with the entity acting as intermediary on June 30, 2019, pursuant to section 135.166, until the contractor selected through a request for proposals process assumes the duties of intermediary on January July 1, 2021, as specified under this division of this Act.  The request for proposals shall be issued by July 1, 2020, and a contract shall be executed with the contractor selected by October 1, 2020.
    Sec. 3.  HEALTH DATA WORK GROUP —— ESTABLISHED —— MEMBERSHIP —— DUTIES —— REPORTS.  A health data work group is established to evaluate the health data needs of the state. In addition to the members of the data sharing and use work group of the Iowa health care innovation and visioning roundtable established in 2017, the membership of the work group shall include a member of the rural Iowa community health alliance representing a critical access hospital and a representative of a rural prospective payment system hospital. The work group shall continue the work of the roundtable by implementing and building on the real time healthcare information strategy, the data privacy strategy, and the oversight strategy recommended by the data sharing and use work group of the roundtable as submitted in September 2018, and the data steering committee update and recommendations submitted in June 2019, relating to the governance model for and the functionality of the Iowa health information network. The work group shall submit an initial report to the governor and the general assembly by June 1, 2020, and periodic progress reports on the implementation of recommendations, measures, and milestones of success, and any future actions thereafter. 
    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 5.  APPLICABILITY.  The following apply retroactively to July 1, 2019:
   1.  The section of this Act amending section 135.166.
   2.  The section of this Act amending 2019 Iowa Acts, chapter 85, section 97.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to health data including the collection and use of hospital data.
   2019 Iowa Acts, House File 766, directed the department of public health (DPH) to enter into a memorandum of understanding with a contractor selected through a request for proposals process, rather than with the Iowa hospital association, to act as the department’s intermediary in collecting, maintaining, and disseminating hospital inpatient, outpatient, and ambulatory data, and further directed DPH to continue the memorandum of understanding with the Iowa hospital association until the contractor selected through a request for proposals process assumed the duties of intermediary on January 1, 2021.
   The bill changes the transition period for continuation of the memorandum of understanding from January 1, 2021, to July 1, 2021. The bill also requires that the request for proposals to select a contractor prohibit the contractor from charging a hospital a fee for access to or submission of data collected by the contractor from a hospital in the state, and that the request for proposals be issued by July 1, 2020, and the contract with the contractor selected be executed by October 1, 2020.
   The bill establishes a health data work group to evaluate the health data needs of the state. In addition to the members of the data sharing and use work group of the Iowa healthcare innovation and visioning roundtable established in 2017, the work group membership shall include a member of the rural Iowa community health alliance representing a critical access hospital and a representative of a rural prospective payment system hospital. The work group is tasked with continuing the work of the roundtable by implementing and building on the real time healthcare information strategy, the data privacy strategy, and the oversight strategy recommended by the data sharing and use work group of the roundtable as submitted in September 2018, and the data steering committee update and recommendations submitted in June 2019 relating to the governance model for and the functionality of the Iowa health information network. The work group shall submit an initial report to the governor and the general assembly by June 1, 2020, and periodic progress reports on the implementation of recommendations, measures, and milestones of success, and any future actions thereafter.
   The bill takes effect upon enactment, and certain provisions are retroactively applicable to July 1, 2019.