Legal and Policy Advisory Group

September Meeting 2

 	September 17, 2013
Agenda

Project Update
Mass HIway Phase 2 policy input
Next Steps

Phase 1 – Transaction and deployment update (as of Aug 2013)  
 	Deployment update:
 	Total Organizations in Production:		28
 	Total Organizations Live	                  13
 	Total Organizations on the HIway                    41

Major Clients slated for Sept/Oct Testing:	3
•	Holyoke (MIIS)
•	PVIX/Baystate
•	Atrius, Reliant, and VNA Care Network (MIIS)

Phase 2 overall timeline
Agenda

Project Update
Mass HIway Phase 2 policy input
Next Steps

Legal-Policy Issue Framework
•	Technical and Policy Controls governing Phase 2 Functions (July meeting)

•	RLS (September 3 meeting)
•	Patient-matching
•	Uses of RLS information

•	Consent (standardization, content, format, scope) (Today’s meeting)

What is the foundation we have to build upon for PHI disclosure?
(setting the table for the discussion)
 	Current practice – non electronic information exchange: All MA healthcare providers have in place policies, agreements, documentation, and processes for legal disclosure of  personal health information (PHI) including protections for disclosure of:
•	HIV test results
•	Genetic test results
•	Drug and alcohol treatment records from federally supported facility
 	Current practice – electronic information exchange: In addition, many MA healthcare providers  have policies, agreements, documentation, and processes for legal electronic disclosure of PHI as part of participation in:
•	Mass HIway phase 1 services
•	Bi-lateral information sharing arrangements (e.g., Cross-entity viewer)
•	Regional health information exchanges
•	Privately supported statewide information exchanges (e.g., NEHEN)
 	Near Current practice - HIPAA Omnibus: Providers are days away from the deadline to implement changes to privacy and security practice required of the HIPAA Omnibus
Refresher - RLS and Query-Retrieve Available Either Through HIway Portal or Integrated in EHR
Refresher – Phase 2 patient matching and relationship listing
What is new about PHI disclosure with Mass HIway phase 2?
What new consent requirements does phase 2 require?
Draft position for Advisory Group reaction and feedback
 	Healthcare provider organization must obtain and record Patient permission to: 
•	Publish to and view the patient’s demographic information and organization relationship on the Mass HIway Relationship Listing Service (RLS)
•	Request the patient’s medical record from another provider organization via the Mass HIway Medical Record Request service 
 	Mass HIway must be clearly named on the form(s) used to gather patient preferences and/or within the Notice of Privacy Practice
 	Healthcare provider organization has full discretion to “bundle” the disclosure permissions listed above with each other and/or with non-HIway permissions – however
 	When a patient changes his/her permissions with regards to HIway, healthcare provider organization is required to update internal systems and to send an update message to the Mass HIway
 	Mass HIway will enforce access to patient listing on RLS to those entities that have declared a patient-authorized relationship with the patient
Agenda

Project Update
Mass HIway Phase 2 policy input
Next Steps

Next steps
 	Next steps
•	Meeting notes synthesized and provided back to Advisory Group for final comments
•	Presentation materials and notes to be posted to EOHHS website
•	Next Advisory Group Meeting – October 15, 2:30-4:00
-	Mass Medical Society – Suffolk conference room
-	Conference call (866) 951-1151 x. 8234356
•	HIT Council –October 7, 3:30-5:00 One Ashburton Place, 21st Floor

 	HIT Council meeting schedule, presentations, and minutes may be found at http://www.mass.gov/eohhs/gov/commissions-and-initiatives/masshiway/hit-council-meetings.html