Section 130279 Of Division 109.6. Health Information Exchange Privacy And Security Demonstration Projects From California Health And Safety Code >> Division 109.6.
130279
. (a) The California Health and Human Services Agency,
through the office, may establish and administer demonstration
projects to evaluate potential solutions to facilitate health
information exchange that promote quality of care, respect the
privacy and security of personal health information, and enhance the
trust of the stakeholders.
(b) Health care entities or governmental authorities, that
receive, share, exchange, or use a California resident's medical
information, may submit an application with the office to be approved
as demonstration project participants. Upon receiving an
application, the office shall do both of the following:
(1) Assist applicants in soliciting federal funds for the
demonstration projects.
(2) Work with applicants to define the scope of the demonstration
project.
(c) The director may approve demonstration projects to test for,
but not limited to, any of the following areas:
(1) Policies and practices related to patient consent, informing,
and notification.
(2) New technologies and applications that enable the transmission
of protected health information, while increasing privacy
protections by ensuring only required health data is transmitted for
purposes and uses consistent with state and federal law.
(3) Implementation issues, if any, encountered by small solo
health care providers as a result of exchanging electronic health
information.
(d) The selection of demonstration projects shall be based on, but
not limited to, the following criteria:
(1) Areas critical to building consumer trust and confidence in
the health information exchange system.
(2) Projects that help support the exchange of information
critical to meeting the federal meaningful use provisions.
(3) Areas recommended by the California health information
exchange consumer and industry stakeholder advisory process.
(e) The office shall engage with health care stakeholders to
evaluate issues identified by the demonstration projects, comment
upon proposed regulations, and discuss solutions for health
information exchange.
(f) The office may annually approve up to four projects, as
demonstration projects.
(g) The office shall work collaboratively with approved
demonstration project participants to identify a set of common data
elements that will be used to collect, analyze, and measure
performance.
(h) The office shall receive reports from the demonstration
project participants on the outcome of the demonstration projects no
later than 60 business days after the end of the demonstration
project.