S. 1490Senate110th Congress (2007-2009)In Committee

Federal Employees Electronic Personal Health Records Act of 2007

Introduced May 24, 2007

Legislative Activity

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3 earlier actions
SenateCommittee Latest Action

Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.

June 6, 2007

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SenateIntro Referral

Introduced in Senate

May 24, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6858)

May 24, 2007

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S6858-6859)

May 24, 2007

SenateCommittee

Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.

June 6, 2007

Floor Debate

23 members

What members said about S. 1490 on the floor

8 Republicans15 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · May 24, 2007

Mr. President, today I am pleased to introduce the North Bay Water Reuse Program Act of 2007, together with my colleague Senator Boxer. This legislation authorizes Federal participation in a regional…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · May 24, 2007

Mr. President, for the sake of our security, economy and environment, America needs a comprehensive energy policy that is independent of foreign energy sources and weans America off of fossil fuels.…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · May 24, 2007

Mr. President, broadband communications are quickly becoming the great economic engine of our time. Broadband deployment drives opportunities for business, education, and healthcare. It provides…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · May 24, 2007

Mr. President, I come to the floor today to speak about a very important, and timely issue, for constituents all along the Gulf Coast, as well as coastal residents along the Atlantic seaboard, the…

Jack Reed
Sen. Jack ReedD-RI · May 24, 2007

Mr. President, I introduce, along with Senators Allard, Mikulski, Bond, Durbin, Collins, Schumer, Akaka, Clinton, Whitehouse, Levin, Brown, and Boxer, the Community Partnership to End Homelessness…

Show 8 more
Gordon H. Smith
Sen. Gordon H. SmithR-OR · May 24, 2007

Mr. President, today, I rise with my colleagues Senator Dodd and Senator Reed to introduce an important bill for our youth, the Garrett Lee Smith Memorial Act Reauthorization of 2007. Nearly 3 years…

James M. Inhofe
Sen. James M. InhofeR-OK · May 24, 2007

Mr. President, today I rise to introduce the Gas Petroleum Refiner Improvement and Community Empowerment Act or Gas PRICE Act. While chairman of the Committee on Environment and Public Works, I…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · May 24, 2007

Mr. President, I rise today to reintroduce a piece of legislation that Senator Voinovich and I have been working on for over a year now. The Federal Employees Electronic Personal Health Records Act…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · May 24, 2007

Mr. President, I rise today to reintroduce a piece of legislation that Senator Voinovich and I have been working on for over a year now. The Federal Employees Electronic Personal Health Records Act…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · May 24, 2007

Mr. President, today I am introducing with my good friend from Pennsylvania, Senator Specter, an innovative bill that will help the lives of domestic violence victims. Sadly, domestic violence…

John E. Sununu
Sen. John E. SununuR-NH · May 24, 2007

Mr. President, I rise today to reintroduce legislation that will bring our Nation's insurance regulatory system into the 21st century by providing uniformity, predictability, and greater efficiency…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · May 24, 2007

Mr. President, I rise today with my colleague, Senator Dorgan, to introduce a bill to reauthorize and expand two very important public health programs created by the Balanced Budget Act of 1997; The…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 24, 2007

Mr. President, I am pleased to introduce bipartisan legislation today along with my distinguished colleague, Senator Olympia Snowe, known as the State Child Well-Being Research Act of 2007. This bill…

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Tom Harkin
Sen. Tom HarkinD-IA · May 24, 2007

Mr. President, throughout my time in the United States Congress, I have worked with my colleagues to promote the economic security of low-income and working American families. In many respects, we…

Ron Wyden
Sen. Ron WydenD-OR · May 24, 2007

Mr. President, I am pleased to be joined today by all Members of the Senate from the Northwest: Senator Gordon Smith, Senator Larry Craig, Senator Patty Murray, Senator Maria Cantwell, Senator Jon…

Michael B. Enzi
Sen. Michael B. EnziR-WY · May 24, 2007

Mr. President, I rise to discuss a bill that I will introduce today with Senator Baucus--the Fair and Reliable Medical Justice Act of 2007. This legislation recognizes the current disrepair of our…

Max Baucus
Sen. Max BaucusD-MT · May 24, 2007

Mr. President, for years, Congress has not been able to answer the question, ``What can be done about rising medical malpractice insurance premiums?'' Today, Senator Enzi and I begin a process we…

Christopher J. Dodd
Sen. Christopher J. DoddD-CT · May 24, 2007

Mr. President, I rise to speak on a bill I am introducing with my colleagues, Senator Smith and Senator Reed. The bill is a reauthorization of the Garrett Lee Smith Memorial Act, a landmark…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · May 24, 2007

Mr. President, I rise to commend our colleagues, Senators Gregg, Burr, and Coburn, for their introduction today of the Affordable Biologics for Consumers Act, S. 1505. As my colleagues are aware, I…

Ted Stevens
Sen. Ted StevensR-AK · May 24, 2007

Mr. President, I join my colleagues Senator Carper, Snowe, Lieberman, Murkowski, and Landrieu in introducing two important domestic energy bills. The Senate has an opportunity to save consumers $15…

Bill Nelson
Sen. Bill NelsonD-FL · May 24, 2007

Mr. President, over the last several years, hundreds of Americans have died from inhaling the poisonous carbon monoxide emitted by portable, gas-powered generators. It is well past time for Congress…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · May 24, 2007

Mr. President, I rise today to introduce legislation that would increase protections for the Nation's beaches and the public. This bill, the Beach Protection Act, will amend the sections of the Clean…

Chuck Grassley
Sen. Chuck GrassleyR-IA · May 24, 2007

Mr. President, I am pleased to join my colleague from Montana, Senator Baucus in introducing the Access to Medicare Data Act of 2007. This legislation is based on S. 3897, the Medicare Data Access…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · May 24, 2007

Mr. President, today I introduce legislation that will create opportunities in the development and use of marine and hydrokinetic renewable energy technologies. I want to thank my colleagues Senator…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued May 24, 2007

II

110th CONGRESS

1st Session

S. 1490

IN THE SENATE OF THE UNITED STATES

May 24, 2007

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 2007.

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 standard endorsed by—

(i)

the Office of the National Coordinator for Health Information Technology;

(ii)

the American Health Information Community; or

(iii)

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)

to the extent feasible, claims data from—

(aa)

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

(bb)

other providers of health care services; and

(cc)

other health benefits plans in which the individual or family members have participated;

(II)

to the extent feasible, 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;

(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.

(3)

Nothing in paragraph (2)(C) shall be construed to provide any rights additional to the rights provided under the 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.

.

(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.