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CONTACT: Stephanie Marquis, Communications Director 608-266-1683
Secretary
Hayden Applauds Legislature for Passing Bill to Remove Barriers to Health
Information Exchange
Legislation seeks to transform health care delivery in
Wisconsin
MADISON - Secretary Kevin R. Hayden commends the legislature for
passing Senate Bill 487, which provides physicians and patients with
additional, more reliable information to make important decisions about
what health care treatment is best and safest. Both the Senate and the
Assembly passed the bill unanimously. It now awaits Governor Doyle's
signature.
"Thank you to Senator Erpenbach and Representatives Moulton,
Hixson, Davis and Benedict for shepherding this bill through the
legislative process," Secretary Hayden said. "I also want to
recognize all of the stakeholders who worked toward a balanced approach to
amending these statutes."
The Department worked for more than 18 months with privacy advocates,
health information officers, providers, technology experts and consumers
about how to maintain appropriate privacy protections while breaking down
barriers to electronic health information exchange.
Governor Jim Doyle created the eHealth Care Quality and Patient Safety
Board by Executive Order on November 2, 2005. Its purpose is to develop a
strategic Action Plan for the statewide adoption and exchange of
electronic health records in five years. Taking advantage of health
information technology to improve health care quality and safety while
reducing overall costs in the system is a key component of Governor Jim
Doyle's Grow Wisconsin plan for economic development.
"Electronic health information exchange is imperative to the
future of health care. It has the power to improve health care outcomes
for patients in Wisconsin while protecting a patient's privacy," said
Secretary Hayden. "This bill is an important first step towards
improving patient care and safety by removing barriers to health
information exchange among providers."
Except under limited circumstances, Chapter 51.30 of Wisconsin law
prohibits disclosure of mental health, alcohol and other drug abuse, and
developmental disability health information without written consent.
Certain elements of a patient's treatment record, such as name, address,
date of birth, date of service, diagnosis, and medications can be released
without written consent to health care providers in a related health care
entity. The bill also permits sharing diagnostic test results and symptoms
with any healthcare provider treating the patient even if the provider is
outside the related health care entity without written consent. Sharing
any other health care information under Chapter 51.30 would still require
written consent.
Chapter 146 of Wisconsin law prohibits health care providers who
receive general patient health care information from providers outside
their institution from disclosing the same information to a subsequent
provider. This significantly limits providers' access to the information
they need when patients see different providers across multiple
institutions for their care. The bill allows general health information to
be exchanged with any health care provider who is involved with the
patient's care.
Additionally, the bill permits health care providers to disclose health
information to immediate members of a patient's family or a close personal
friend involved in the patient's care if the patient provides informal
permission, rather than requiring written consent as required in current
law. If the patient is incapacitated or unavailable, a health care
provider could use his or her professional judgment to determine whether
sharing the information is in the best interest of the patient. Under this
bill, written consent is still required for a health care provider to
release a copy of a patient's health care record to family and friends.
"Major studies have estimated that medical errors in the U.S. have
resulted in anywhere from 44,000 to 98,000 deaths annually," said
Hayden. "We can reduce medical errors by giving our health care
providers, patients and their families access to the information they need
to make important decisions about what health care treatment is best and
safest. This legislation is essential to enabling electronic health
information exchange-a crucial step to improving the quality and safety of
health care."
For more information and an overview of eHealth legislation, visit http://ehealthboard.dhfs.wisconsin.gov/index.asp.
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Last Revised: March 06, 2008 |
