MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Human Services
By: Representative Holland
AN ACT TO CREATE THE MISSISSIPPI HEALTH INFORMATION NETWORK ACT TO PROMOTE THE USE OF HEALTH INFORMATION TECHNOLOGY AND EXCHANGE OF THAT INFORMATION TO IMPROVE HEALTH CARE QUALITY AND EFFICIENCY; TO ESTABLISH THE MISSISSIPPI HEALTH INFORMATION NETWORK AND PROVIDE THAT IT WILL BE GOVERNED BY A BOARD OF DIRECTORS; TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO PROVIDE CERTAIN IMMUNITY FOR MEMBERS OF THE BOARD; TO PROVIDE FOR PRIVACY OF HEALTH INFORMATION IN THE NETWORK; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known as the Mississippi Health Information Network Act.
SECTION 2. (1) The purpose of this act is to create the Mississippi Health Information Network to promote the use of health information technology and exchange of that information in the state to improve health care quality and efficiency.
(2) It is intended that the Mississippi Health Information Network be a public–private partnership for the benefit of all of the citizens of this state.
SECTION 3. (1) The Mississippi Health Information Network is established, and is referred to in this act as the "M-HIN."
(2) The M-HIN shall be governed by a board of directors consisting of at least twelve (12) and not more than nineteen (19) members. The membership of the board shall reasonably reflect the public-private and diverse nature of the M-HIN.
(2) The Governor shall appoint up to six (6) members of the board who shall serve at the will and pleasure of the Governor, and at least two (2) of these members shall represent health insurers or medical service corporations and one (1) member shall represent a consumer. The Mississippi Hospital Association and the Mississippi State Medical Association may each appoint up to two (2) members. The Mississippi Health Information Management Association may appoint (1) member. The State Department of Health, the Division of Medicaid, the Department of Human Services, the University of Mississippi Medical Center, the Mississippi Development Authority, the Mississippi Department of Information Technology Services, the Department of Finance and Administration, and the Insurance Department, or their successor entities, may each appoint one (1) member.
(3) Members shall serve terms of two (2) years and may be reappointed on a rotating basis as determined by the board. Members shall continue to serve on the board until a replacement appointment is made.
(4) No state officer or employee appointed to the board or serving in any other capacity for the board will be construed to have resigned from public office or employment by reason of that appointment or service.
(5) The chairperson of the board shall be elected by a majority of the members appointed to the board.
(6) The board is authorized to conduct its business by a majority of a quorum. A quorum is a simple majority of the members appointed.
(7) The board may adopt by-laws for its operations, including, but not limited to, the election of other officers, the terms of officers, and the creation of standing and ad hoc committees.
(8) Board members who are not state employees may be reimbursed for travel expenses incurred when attending board meetings, as provided in Section 25-3-41.
SECTION 4. (1) In furtherance of the purposes of this act, the M-HIN shall have the following duties:
(a) Initiate a statewide health information network to facilitate communication of patient clinical and financial information, designed to:
(i) Promote more efficient and effective communication among multiple health care providers and payers, including, but not limited to, hospitals, physicians, nonphysician providers, third-party payers, self-insured employers, pharmacies, laboratories, and other health care entities;
(ii) Create efficiencies by eliminating redundancy in data capture and storage and reducing administrative, billing, and data collection costs;
(iii) Create the ability to monitor community health status; and
(iv) Provide reliable information to health care consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans, and health care providers;
(b) Develop or design other initiatives in furtherance of its purpose; and
(c) Perform any and all other activities in furtherance of its purpose.
(2) The board is granted all incidental powers to carry out its purposes and duties, including the following:
(a) To appoint an executive director, who will serve at the will and pleasure of the board. The qualifications and employment terms for the executive director shall be determined by the board.
(b) To adopt, modify, repeal, promulgate, and enforce rules and regulations to carry out the purposes of the M-HIN;
(c) To establish a process for hearing and determining case decisions to resolve disputes under this act or the rules and regulations promulgated under this act among participants, subscribers, or the public;
(d) To enter into, and to authorize the executive director to execute contracts or other agreements with any federal or state agency, any public or private institution, or any individual in carrying out the provisions of this act; and
(e) To discharge other duties, responsibilities, and powers as are necessary to implement the provision of this act.
(3) The executive director shall have the following powers and duties:
(a) To employ qualified professional personnel as required for the operation of the M-HIN and as authorized by the board;
(b) To administer the policies of the board; and
(c) To supervise and direct all administrative and technical activities of the M-HIN;
(4) The M-HIN shall have the power and authority to accept appropriations, grants and donations from public or private entities and to charge reasonable fees for its services. The revenue derived from grants, donations, fees, and other sources of income shall be deposited into a special fund that is created in the State Treasury and earmarked for use by the M-HIN in carrying out its duties under this act.
SECTION 5. (1) All members of the board shall not be subject to and are immune from claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken, performed or reached in good faith and without malice by any such member or members acting individually or jointly in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under this act, or any other state law, or duly adopted rules and regulations of the aforementioned committees, good faith being presumed until proven otherwise, with malice required to be shown by a complainant. All employees and staff of the M-HIN, whether temporary or permanent, shall enjoy the same rights and privileges concerning immunity from suit otherwise enjoyed by state employees under the Mississippi Constitution of 1890 and Section 11-46-1 et seq.
(2) The M-HIN is not a health care provider and is not subject to claims under Sections 11-1-58 through 11-1-62. No person who participates in or subscribes to the services or information provided by the M-HIN shall be liable in any action for damages or costs of any nature, in law or equity, that result solely from that person's use or failure to use M-HIN information or data that were imputed or retrieved in accordance with the rules or regulations of the M-HIN. In addition, no person will be subject to antitrust or unfair competition liability based on membership or participation in the M-HIN, which provides an essential governmental function for the public health and safety.
SECTION 6. (1) All persons providing information and data to the M-HIN shall retain a property right in that information or data, but grant to the other participants or subscribers a nonexclusive license to retrieve and use that information or data in accordance with the rules or regulations promulgated by the board and in compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
(2) Patients desiring to obtain a copy of their personal medical record or information are to request the copy from the health care provider who is the primary source of the information, and the M-HIN shall not be required to provide this information directly to the patient.
(3) All processes or software developed, designed, or purchased by the M-HIN shall remain its property subject to use by participants or subscribers in accordance with the rules and regulations promulgated by the board.
SECTION 7. (1) The board shall by rule or regulation ensure that patient specific health information be disclosed only in accordance with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, which governs the electronic transmission of that information.
(2) Patient specific health information and data of the M-HIN shall not be subject to the Federal Freedom of Information Act, Mississippi Open Records Act (Section 25-61-1 et seq.) nor to subpoena by any court. That information may only be disclosed by consent of the patient or in accordance with the board's rules, regulations, or orders.
(3) Notwithstanding any conflicting statute, court rule, or other law, the data in the network shall be confidential and shall not be subject to discovery or introduction into evidence in any civil action. However, information and data otherwise discoverable or admissible from original sources are not to be construed as immune from discovery or use in any civil action merely because they were provided to the M-HIN.
(4) Submission of information to and use of information by the State Department of Health shall be considered a permitted disclosure for uses and disclosures required by law and for public health activities under the Health Insurance Portability and Accountability Act and the privacy rules promulgated under that act.
(5) Any violation of the rules or regulations regarding access or misuse of the M-HIN health information or data shall be reported to the office of the Attorney General, and shall be subject to prosecution and penalties under state or federal law.
SECTION 8. This act shall take effect and be in force from and after July 1, 2010.