House Study Bill 549 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON MILLER) A BILL FOR An Act relating to an electronic health records system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5363YC (3) 84 pf/nh

H.F. _____ Section 1. NEW SECTION . 135.156A Patient and health care 1 professional rights relative to an electronic health records 2 system. 3 1. An individual patient may choose to opt out of any 4 state-mandated, created, or funded electronic health records 5 system for maintaining health care information. 6 2. A health care professional shall not be required 7 to participate in any state-mandated, created, or funded 8 electronic health records system for maintaining health care 9 information. 10 3. A health care professional shall not be denied 11 participation in any state-funded health care program 12 or otherwise sanctioned for refusal to participate in a 13 state-mandated, created, or funded electronic health records 14 system for maintaining health care information. 15 4. a. Except in a medical emergency, information from 16 an electronic health records system maintained by a health 17 care professional and created pursuant to a state-mandated, 18 created, or funded program shall not be shared with another 19 health care professional unless the individual patient to whom 20 the information pertains has first provided the individual’s 21 signed, informed consent. 22 b. Information from an individual patient’s medical record 23 shall not be placed in a state-mandated, created, or funded 24 electronic health records system unless the individual first 25 provides signed, informed consent. 26 c. For the purposes of this subsection: 27 (1) “Informed consent” means with respect to the sharing 28 of information concerning an individual patient, a written 29 document certifying that the individual gives permission to 30 such sharing of information. 31 (2) “Medical emergency” means any situation in which the 32 failure to provide immediate medical treatment or assistance 33 could result in serious injury, loss of life, or both. 34 EXPLANATION 35 -1- LSB 5363YC (3) 84 pf/nh 1/ 2

H.F. _____ This bill relates to the participation of individuals 1 and health care professionals in a state-mandated, created, 2 or funded electronic health records system (system). The 3 bill provides that an individual patient may opt out of any 4 such system; prohibits requiring a health care professional 5 to participate in any such system; and prohibits a health 6 care professional from being denied participation in any 7 state-funded health care program or otherwise sanctioned 8 for refusal to participate in such a system. The bill also 9 provides that except in a medical emergency, information from 10 an electronic health records system maintained by a health 11 care professional and created pursuant to a state-mandated, 12 created, or funded program shall not be shared with another 13 health care professional unless the individual patient to whom 14 the information pertains has first provided the individual’s 15 signed, informed consent. Additionally, information from an 16 individual’s medical record is prohibited from being placed 17 in such a system unless the individual first provides signed, 18 informed consent. The bill defines “informed consent” and 19 “medical emergency” for the purposes of the bill. 20 -2- LSB 5363YC (3) 84 pf/nh 2/ 2