S. 3846Senate109th Congress (2005-2007)In Committee

Federal Employees Electronic Personal Health Records Act of 2006

Introduced September 6, 2006

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 6, 2006

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SenateIntro Referral

Introduced in Senate

September 6, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S9043-9045)

September 6, 2006

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 6, 2006

Floor Debate

11 members

What members said about S. 3846 on the floor

6 Republicans5 Democrats
Jon Kyl
Sen. Jon KylR-AZ · Sep 6, 2006

Mr. President, the remarks President Bush delivered yesterday about the war against the radical Islamist terrorists was a historic speech, the clearest statement to date of the nature of the struggle…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Sep 6, 2006

Mr. President, I rise today to announce the introduction of a piece of legislation that Senator Voinovich of Ohio and I have worked on for a while. It is called the Federal Employees Electronic…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Sep 6, 2006

Mr. President, I rise today to announce the introduction of a piece of legislation that Senator Voinovich of Ohio and I have worked on for a while. It is called the Federal Employees Electronic…

Ron Wyden
Sen. Ron WydenD-OR · Sep 6, 2006

Mr. President, Mount Hood is a cherished wild place that is often photographed, visited and enjoyed by scores of Oregonians and many non-Oregonians as well. Today, I am introducing, along with my…

Lisa Murkowski
Sen. Lisa MurkowskiR-AK · Sep 6, 2006

Mr. President, I rise to introduce legislation to give private developers more time to complete planning and financing for a complex of three high-mountain lake-tap hydroelectric projects that…

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George V. Voinovich
Sen. George V. VoinovichR-OH · Sep 6, 2006

Mr. President, I rise to speak about a bill my colleague Senator Carper and I introduced today, the Electronic Personal Health Records Act. The purpose of this legislation is to provide for the…

George V. Voinovich
Sen. George V. VoinovichR-OH · Sep 6, 2006

Mr. President, I rise to speak about a bill my colleague Senator Carper and I introduced today, the Electronic Personal Health Records Act. The purpose of this legislation is to provide for the…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Sep 6, 2006

Mr. President, I rise today to introduce the ``Bringing Opportunity to Our Small Business Taxpayers Act,'' or ``BOOST Act.'' I am pleased to be joined by my colleague Senator Blanche Lincoln of…

James M. Inhofe
Sen. James M. InhofeR-OK · Sep 6, 2006

Mr. President, I rise today along with my colleague, Tom Coburn, to proudly introduce legislation to designate the facility of the United States Postal Service located at 301 Commerce Street in…

William H. Frist
Sen. William H. FristR-TN · Sep 6, 2006

In 5 days we will observe the fifth anniversary of the most vicious act of terror ever perpetrated on American soil. Nearly 3,000 fellow Americans lost their lives on September 11. We have worked…

Robert Menendez
Sen. Robert MenendezD-NJ · Sep 6, 2006

Mr. President, I rise today with my colleagues Senator Ensign and Senator Lautenberg to introduce legislation to award Jerry Lewis with the Congressional Gold Medal of Honor. This well-deserved…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Sep 6, 2006

Mr. President, I am pleased to introduce legislation which would designate the facility of the United States Postal Service located at 110 Cooper Street in Babylon, NY, as the ``Jacob Samuel Fletcher…

Jon Kyl
Sen. Jon KylR-AZ · Sep 6, 2006

Mr. President, I rise today to introduce the Terrorism Prevention Act of 2006. This Act will enhance and improve the statutes governing material support for terrorism, protection of classified…

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Thomas R. Carper
Sen. Thomas R. CarperD-DE · Sep 6, 2006

Mr. President, good morning. (The remarks of Mr. Carper pertaining to the introduction of S. 3846 are printed in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Sep 6, 2006

Mr. President, I ask unanimous consent that I be allowed to speak in morning business for 15 minutes.

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 6, 2006

II

109th CONGRESS

2d Session

S. 3846

IN THE SENATE OF THE UNITED STATES

September 6, 2006

Mr. Carper (for himself and Mr. Voinovich) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To provide for the establishment and maintenance of electronic personal health records for individuals and family members enrolled in Federal employee health benefits plans under chapter 89 of title 5, United States Code, and for other purposes.

1.

Short title

This Act may be cited as the Federal Employees Electronic Personal Health Records Act of 2006.

2.

Electronic personal health records for Federal employee health benefits plans

(a)

Contract requirement

Section 8902 of title 5, United States Code, is amended by adding at the end the following:

(p)

Each contract under this chapter shall require the carrier to provide for the establishment and maintenance of electronic personal health records in accordance with section 8915.

.

(b)

Electronic personal health records

Chapter 89 of title 5, United States Code, is amended by adding after section 8914 the following:

8915.

Electronic personal health records

(a)

In this section, the term—

(1)

claims data means—

(A)

a comprehensive record of health care services provided to an individual, including prescriptions; and

(B)

contact information for providers of health care services; and

(2)

standard electronic format means a format that—

(A)

uses open electronic standards;

(B)

enables health information technology to be used for the collection of clinically specific data;

(C)

promotes the interoperability of health care information across health care settings, including reporting under this section and to other Federal agencies;

(D)

facilitates clinical decision support;

(E)

is useful for diagnosis and treatment and is understandable for the individual or family member; and

(F)

is based on the Federal messaging and health vocabulary standards—

(i)

developed by the Consolidated Health Informatics Initiative; or

(ii)

developed and endorsed by the Office of the National Coordinator for Health Information Technology, the American Health Information Community, or the Secretary of Health and Human Services.

(b)
(1)

Each carrier entering into a contract for a health benefits plan under section 8915 shall provide for the establishment and maintenance of electronic personal health records for each individual and family member enrolled in that health benefits plan in accordance with this section.

(2)

In the administration of this section, the Office of Personnel Management—

(A)

shall ensure that each individual and family member is provided—

(i)

timely notice of the establishment and maintenance of electronic personal health records; and

(ii)

an opportunity to file an election at any time to—

(I)

not participate in the establishment or maintenance of an electronic personal health record for that individual or family member; and

(II)

in the case of an electronic personal health record that is established under this section, terminate that electronic personal health record;

(B)

shall ensure that each electronic personal health record shall—

(i)

be based on standard electronic formats;

(ii)

be available for electronic access through the Internet for the use of the individual or family member to whom the record applies;

(iii)

enable the individual or family member to—

(I)

share any contents of the electronic personal health record through transmission in standard electronic format, fax transmission, or other additional means to providers of health care services or other persons;

(II)

copy or print any contents of the electronic personal health record; and

(III)

add supplementary health information, such as information relating to—

(aa)

personal, medical, and emergency contacts;

(bb)

laboratory tests;

(cc)

social history;

(dd)

health conditions;

(ee)

allergies;

(ff)

dental services;

(gg)

immunizations;

(hh)

prescriptions;

(ii)

family health history;

(jj)

alternative treatments;

(kk)

appointments; and

(ll)

any additional information as needed;

(iv)

contain—

(I)

claims data from—

(aa)

providers of health care services that participate in health benefits plans under this chapter;

(bb)

to the extent feasible, other providers of health care services; and

(cc)

to the extent feasible, other health benefits plans in which the individual or family members have participated;

(II)

clinical care, pharmaceutical, and laboratory records; and

(III)

the name of the source for each item of health information;

(v)

authenticate the identity of each individual upon accessing the electronic personal health record; and

(vi)

contain an audit trail to list the identity of individuals who access the electronic personal health record; and

(C)

shall ensure that the individual or family member may designate—

(i)

any other individual to access and exercise control over the sharing of the electronic personal health record; and

(ii)

any other individual to access the electronic personal health record in an emergency;

(D)

shall require each health benefits plan to comply with all privacy and security regulations promulgated under section 246(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2) and other relevant laws relating to privacy and security;

(E)

shall require each carrier that enters into a contract for a health benefits plan to provide for the electronic transfer of the contents of an electronic personal health record to another electronic personal health record under a different health benefits plan maintained under this section or a similar record not maintained under this section if—

(i)

coverage in a health benefits plan under this chapter for an individual or family member terminates; and

(ii)

that individual or family member elects such a transfer;

(F)

shall require each carrier to provide for education, awareness, and training on electronic personal health records for individuals and family members enrolled in health benefits plans; and

(G)

may require each carrier to provide for an electronic personal health record to be made available for electronic access, other than through the Internet, for the use of the individual or family member to whom the record applies, if that individual or family member requests such access.

.

(c)

Technical and conforming amendment

The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following:

.

3.

Effective dates and application

(a)

In general

Except as provided under subsection (b), the amendments made by this Act shall take effect 30 days after the date of enactment of this Act.

(b)

Establishment and maintenance of electronic personal health records

The requirement for the establishment and maintenance of electronic personal health records under sections 8902(p) and 8915 of title 5, United States Code (as added by this Act), shall apply with respect to contracts for health benefits plans under chapter 89 of that title which take effect on and after January of the earlier of—

(1)

the first calendar year following 2 years after the date of enactment of this Act; or

(2)

any calendar year determined by the Office of Personnel Management.