Assessing the Impact of State Laws Related to Electronic Health Information

BACKGROUND:  Public health practitioners must understand how electronic health information can transform the capacity, functions, and efficiency of state and territorial health departments. Health departments’ ability to obtain and use electronic health information may depend on various state law requirements, implicating topics such as health department access to electronic health records; data reporting and collection; privacy and security; licensure and certification of facilities and health providers; health information technology standards; state insurance requirements; and state and federal incentive programs. Each of the legal provisions can impact health departments and their constituencies by affecting health outcomes, costs, organizational outcomes, and behaviors.

METHODS:  The CDC’s Public Health Law Program (PHLP) has been actively engaged in understanding the legal landscape surrounding electronic health information. This session will introduce the legal landscape surrounding electronic health information and discuss opportunities for evaluating these laws.  

RESULTS: This session will describe PHLP’s assessment of state law provisions that relate to electronic health information, including access to electronic health records, administrative law requirements, and the related incentives and penalties enforceable on facilities and providers.Using the information from the assessment conducted, this session will also present a scheme to understand the impact of the legal provisions from their implementation to outcomes. Finally, this session will provide examples of evaluations that are proposed or under way to gauge legal provisions’ impact on health departments and their constituencies.

CONCLUSIONS: The session will conclude with an opportunity for the audience to identify or discuss ideas and projects for collaboration and the linking of epidemiological data to the legal data presented.