10 LC
33 3533
Senate
Bill 412
By:
Senators Goggans of the 7th, Thomas of the 54th, Unterman of the 45th and
Hawkins of the 49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia
Annotated, relating to general provisions regarding health, so as to provide for
legislative findings relating to electronic health initiatives; to create the
Georgia eHealth Advisory Council; to provide for its composition and powers; to
provide for a strategic plan and annual reports; to provide for cooperation from
state agencies; to provide administrative support; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating
to general provisions regarding health, is amended by adding a new Code section
to read as follows:
"31-1-11.
(a)
The General Assembly finds that:
(1)
The State of Georgia is suffering from decreasing access to quality health care
and escalating health care costs while at the same time undergoing a serious
budget shortage;
(2)
Electronic health initiatives such as telehealth and electronic health care
records are emerging as vital components of the solution to our current health
care crisis and hold the potential to answer some of the most challenging issues
of providing quality health care in Georgia;
(3)
Telehealth greatly expands access to quality health care and health care
professionals while also providing cost-effective delivery;
(4)
Telehealth allows health care providers to see and diagnose inmates in prisons
and improve inmate health care by providing remote access to more medical
specialists while reducing prisoner transport costs and related security
management costs;
(5)
Telehealth is one of the most effective ways to increase access to psychiatric
care for individuals living in underserved areas;
(6)
Telehealth can reduce the frequent unnecessary transfers of nursing home
residents with multiple chronic conditions while reducing cost, liability, and
the chances that residents are injured;
(7)
For schools that are faced with having to decrease nursing staff, telehealth can
allow access to a nurse who is located at a central location serving multiple
schools via a telemed connection in real time;
(8)
The expansion of telehealth services in Georgia would greatly benefit from an
entity that would coordinate the implementation of telehealth services across
Georgia, helping to consolidate contracts, share developments, and accelerate
the use of rapidly developing telehealth methods and technology;
(9)
In the absence of an efficient system for sharing medical information among the
Georgia provider community, health care providers must order costly duplicative
medical tests and procedures;
(10)
The health care system would benefit from reducing the time needed to evaluate
promising medical techniques, devices, and drugs, and bringing safe and
effective products and procedures to the marketplace more quickly;
(11)
Providing consumers with online access to tools that gather data from their
medical records, and assisting them in reviewing and monitoring the data in
conjunction with their health care providers, would permit them to become better
informed and more proactive in managing their health and wellness, thereby
reducing strain on and increasing efficiency of the health care
system;
(12)
With the advances made in technology and connectivity, it is feasible to
implement an effective information infrastructure capable of aggregating health
information from multiple sources and presenting that information to authorized
parties in a usable format to support sound health care decisions by providers,
consumers, public health officials, and researchers;
(13)
Such health information infrastructure is a necessary and important part of
effectively addressing the challenges and opportunities described in this
subsection;
(14)
Safeguarding the privacy and security of personal health information is of great
importance to the citizens of Georgia; and
(15)
The creation and promotion of a unified plan for the development and
implementation of eHealth initiatives is of crucial importance to, and in the
best interests of, the people of the State of Georgia.
(b)
There is created the Georgia eHealth Advisory Council. The council shall be
composed of:
(1)
The commissioner of the Department of Community Health or his or her
designee;
(2)
The director of the Division of Public Health of the department or his or her
designee;
(3)
The commissioner of the Department of Corrections or his or her
designee;
(4)
The commissioner of the Department of Behavioral Health and Developmental
Disabilities or his or her designee; and
(5)
A representative of the Georgia Trauma Care Network Commission, as designated by
the chairperson of such commission.
The
member designated pursuant to paragraph (5) of this Code section shall serve at
the pleasure of the chairperson of the Georgia Trauma Care Network Commission,
and all other members shall serve terms concurrent with their
positions.
(c)
The commissioner of the Department of Community Health or his or her designee
shall serve as chairperson of the council. Members of the commission shall serve
without compensation.
(d)
The council may:
(1)
Appoint advisory members including representatives from the Georgia health care
provider community, Georgia telehealth providers, local government
representatives, sheriffs, local school system representatives, and others whose
expertise may benefit the council; and
(2)
Establish various subcommittees with subject matter expertise to advise the
council on specific matters. In such cases, subcommittees may include appointed
advisory members in their membership, but the chairperson of each subcommittee
shall be a member of the council.
(e)
The council shall:
(1)
Advise and support appropriate parties within state government relating to
development and implementation of an overall strategy for the adoption and use
of telemedicine techniques and services in state funded health care and mental
health programs;
(2)
Develop strategies for sharing of services and coordination across agencies and
state funded programs as they develop and implement telemedicine programs so as
to eliminate duplicative efforts in this area;
(3)
Advise appropriate parties within state government on issues related to the
development and implementation of the health information infrastructure so as to
promote electronic health record development and health information exchange;
and
(4)
Review all state contracts in the areas of telemedicine and electronic health
records in order to ensure coordination with other agencies, to promote
consolidation of contracts, and to encourage state contracts with nonprofit
entities that promote and support telemedicine initiatives.
(f)
No later than July 1, 2011, the council shall establish a five-year strategic
plan regarding electronic health initiatives and shall submit such strategic
plan to the General Assembly, the Lieutenant Governor, the Governor, and the
Speaker of the House of Representatives. Annually thereafter, the council shall
report on its findings to the General Assembly, the Lieutenant Governor, the
Governor, and the Speaker of the House of Representatives during each regular
legislative session.
(g)
All executive departments, agencies, boards, and commissions and any other
divisions of the executive branch of state government shall fully cooperate with
the council, and any nonprofit entities designated by the council that promote
and support telemedicine initiatives, in the performance of its duties and shall
provide staff assistance and any other assistance as requested.
(h)
The council shall be attached to the Department of Community Health for
administrative purposes. Staff support for the council shall be provided from
the Department of Community Health, Department of Corrections, and the
Department of Behavioral Health and Developmental
Disabilities."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.