Abstract
Background: In examining potential barriers to implementing a statewide health information exchange in NM, we identified as a key barrier NM’s laws regarding the protection of health information. The laws are fragmented and dated, adopted prior to HIPAA, and address only health data in paper-based formats. Enactment of specific state legislation authorizing transmission, use, and exchange of electronic health information would eliminate the detrimental effects of the existing state laws.
Aim: To develop and pass comprehensive state privacy legislation in New Mexico governing the use, storage, and exchange of electronic health information.
Methods: Review of health privacy legislation nationally, interviews with privacy experts, development of a draft of the legislation, and solicitation of input from a variety of stakeholder groups to identify controversial areas of the legislation and to garner legislative support were performed. Key privacy experts (e.g., legislators, healthcare providers, and attorneys) discussed their concerns and opinions about electronic transmission of health information. Attorneys researched privacy legislation in other states and drafted NM’s Electronic Health Information Act. This draft was examined and discussed with numerous stakeholder groups to determine needed revisions.
Results: Interviews with key privacy experts and stakeholders revealed conflicting points of view concerning the legislation, especially regarding issues of patient consent. Patient privacy advocates strongly favored patient control of access to their health data and more restrictive rules for patient consent than required by HIPAA. In contrast, providers, payers, and advocates for health information exchange networks typically favored less restrictive patient consent (consistent with current HIPAA regulations) to avoid additional time, burden, expense, and delays in implementing health information exchange. Review of legislation in other states revealed only Minnesota and Nevada have enacted laws specifically addressing electronic health information exchange.
Conclusions: Current NM legislation (and legislation in most other states) does not adequately address the use and exchange of electronic health information. Current efforts to develop health information exchange networks in NM and elsewhere require resolution of key patient privacy issues and the passage of appropriate legislation. Funded by the Agency for Healthcare Research and Quality.
- Received September 11, 2008.
