The opt-in legislation for Maine’s health information exchange was met with “clear opposition” by providers throughout the state, but a revised version that is pending the governor’s approval would make it a mandate that providers who are participating in the HIE provide their patients with a separate form to opt-out.
Amy Landry, communications manager, at HealthInfoNet, Maine’s health information exchange, wants to clear the air when it comes to the legislation. She said that some reports have “made it sound like we [HealthInfoNet] suddenly chose an opt-out model. We were already an opt-out and have always been operating as an opt-out, “she says.
[See also: Maine Civil Liberties Union, state senator seek HIE opt-in law.]
“After the public hearing, it was apparent that there was not strong support for HealthInfoNet to go to an opt-in model from an opt-out one,” Landry added.
She said what came out of this response was more awareness. “Patients need to have an informed choice,” she said. The next step was to ensure that through legislation.
The Maine Civil Liberties Union, HealthInfoNet and other stakeholders, including the Maine Medical Association and Maine Hospital Association, proposed revised legislation that would require providers participating in the HIE, upon initial contact with the patient, to provide a separate form that describes the HIE and its benefits and risks and how to opt-out.
[See also: In Maine, statewide HIE makes case against opt-in bill.]
“That is essentially what we provide, but up until now we have encouraged [providers] to hand it out, but there has been no mandate to,” Landry said.
“At the end of the day we are happy with the outcome,” she adds. “We want to ensure that patients are informed. We have always said that we want to make it easy for patients to opt-out. We had the same goals in mind. The legislation further enhances the exchange and gives it more value."
“After only two years of operation, HealthInfoNet is already viewed as one of the most successful health information exchanges in the country and these two pieces of legislation will further strengthen its value for patients and healthcare providers,” said Devore Culver, CEO, HealthInfoNet. HealthInfoNet was built on a foundation of trust and collaboration. The protections for both patients and providers contained in these two bills are very important and will lead to further trust in the exchange.”
[See also: Maine REC gives glimpse into what providers can expect.]
In talking with other exchanges Landry added that she realized just how “out-in-front” Maine’s HIE was. “There are very few exchanges that are operational," she said. "That is why this legislation has shown up in Maine, but I don’t think it will be the last time you will see this."
Click on the next page for highlights of the proposed bill.
Below are a few highlights of the revised proposal:
- Requires healthcare provider organizations participating in the health information exchange to give patients a separate form that includes information about the HIE and gives the patient an opportunity to opt out. (Right now providers include information in the Notice of Privacy Practices. HealthInfoNet gives education and opt-out forms to providers today, but providers are not required to hand them out by law.)
- Requires the HIE to delete a patient’s health information in the exchange after they opt out. (This is already HealthInfoNet’s policy and has been practice from the beginning.)
- Requires the HIE to provide patients a way to opt out online and offline. (HealthInfoNet already does this.)
- Requires the HIE to provide patients the ability to request both online and offline, a report of who has accessed their records and when they were accessed. (HealthInfoNet can also do this.)
- Requires the HIE to report to the state coordinator for health IT, our plans and progress in rolling out a patient portal by January 2012.
- Requires the HIE to meet all federal law and regulations pertaining to privacy, security and breach notification regarding PHI. (HealthInforNet has to do this already by contract because they are defined under HIPAA as a “business associate.”)
- Would exempt the HIE from Freedom of Access laws.
Read the full version here.
