HPA Statute Details

Current HPA Statutes

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Health Information Technology

ORS 413.300 to 413.310

413.300 Definitions.

As used in ORS 413.300 (Definitions for ORS 413.300 to 413.308, 413.310 and ORS chapter 414) to 413.308 (Duties of council), 413.310 (Oregon Health Information Technology program) and ORS chapter 414:

(1) “Electronic health record” means an electronic record of an individual’s health-related information that conforms to nationally recognized interoperability standards and that can be created, managed and consulted by authorized health care providers and staff.

(2) “Health care provider” or “provider” means a person who is licensed, certified or otherwise authorized by law in this state to administer health care in the ordinary course of business or in the practice of a health care profession.

(3) “Health informatics” means the interdisciplinary study of the design, development, adoption and application of information technology based innovations in health care services delivery, management and planning.

(4) “Health information technology” means an information processing application using computer hardware and software for the storage, retrieval, sharing and use of health care information, data and knowledge for communication, decision-making, quality, safety and efficiency of a clinical practice. “Health information technology” includes, but is not limited to:

(a) An electronic health record.

(b) An electronic order from a health care provider for diagnosis, treatment or prescription drugs.

(c) An electronic clinical decision support system that links health observations with health knowledge to assist health care providers in making choices for improved health care, for example by providing electronic alerts or reminders.

(d) Tools for the collection, analysis and reporting of information or data on adverse events, the quality and efficiency of care, patient satisfaction and other health care related performance measures.

(5) “Interoperability” means the capacity of different health information technology systems and software applications to communicate and exchange data and to make use of the data that has been exchanged. [2009 c.595 §1167; 2015 c.243 §3]

413.301 Health Information Technology Oversight Council.

(1) There is established a Health Information Technology Oversight Council within the Oregon Health Authority. The Oregon Health Policy Board shall:

(a) Determine the terms of members on the council and the organization of the council.

(b) Appoint members to the council who, collectively, have expertise, knowledge or direct experience in health care delivery, health information technology, health informatics and health care quality improvement.

(c) Ensure that there is broad representation on the council of individuals and organizations that will be impacted by the Oregon Health Information Technology program.

(2) To aid and advise the council in the performance of its functions, the council may establish such advisory and technical committees as the council considers necessary. The committees may be continuing or temporary. The council shall determine the representation, membership, terms and organization of the committees and shall appoint persons to serve on the committees.

(3) Members of the council are not entitled to compensation, but in the discretion of the board may be reimbursed from funds available to the board for actual and necessary travel and other expenses incurred by the members of the council in the performance of their official duties in the manner and amount provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions). [2009 c.595 §1168; 2015 c.243 §4]

413.303 Council chairperson.

(1) The Health Information Technology Oversight Council shall select one of the council’s members as chairperson, for such term and with such duties and powers necessary for the performance of the functions of the chairperson as the Oregon Health Policy Board determines.

(2) A majority of the members of the council constitutes a quorum for the transaction of business.

(3) The council shall meet at least quarterly at a place, day and hour determined by the council. The council may also meet at other times and places specified by the call of the chairperson or of a majority of the members of the council. [2009 c.595 §1172; 2015 c.243 §5]

413.308 Duties of council. The duties of the Health Information Technology Oversight Council are to:

(1) Identify and make specific recommendations related to health information technology to the Oregon Health Policy Board to achieve the goals of the Oregon Integrated and Coordinated Health Care Delivery System established by ORS 414.570 (System established).

(2) Regularly review and report to the board on the Oregon Health Authority’s health information technology efforts, including the Oregon Health Information Technology program, toward achieving the goals of the Oregon Integrated and Coordinated Health Care Delivery System.

(3) Regularly review and report to the board on the efforts of local, regional and statewide organizations to participate in health information technology systems.

(4) Regularly review and report to the board on this state’s progress in the adoption and use of health information technology by health care providers, health systems, patients and other users.

(5) Advise the board or the Oregon Congressional Delegation on changes to federal laws affecting health information technology that will promote this state’s efforts in utilizing health information technology. [2009 c.595 §1171; 2015 c.243 §6]

413.310 Oregon Health Information Technology program.

(1) The Oregon Health Authority shall establish and maintain the Oregon Health Information Technology program to:

(a) Support the Oregon Integrated and Coordinated Health Care Delivery System established by ORS 414.570 (System established);

(b) Facilitate the exchange and sharing of electronic health-related information;

(d) Promote accountability and transparency; and

(e) Support new payment models for coordinated care organizations and health systems.

(2) The authority may engage in activities necessary to become accredited or certified as a provider of health information technology and take actions associated with providing health information technology.

(3) Subject to ORS 279A.050 (Procurement authority) (7), the authority may enter into agreements with other entities that provide health information technology to carry out the objectives of the Oregon Health Information Technology program.

(4) The authority may establish and enforce standards for connecting to and using the Oregon Health Information Technology program, including standards for interoperability, privacy and security.

(5) The authority may conduct or participate in activities to enable and promote the secure transmission of electronic health information between users of different health information technology systems, including activities in other states. The activities may include, but are not limited to, participating in organizations or associations that manage and enforce agreements to abide by a common set of standards, policies and practices applicable to health information technology systems.

(6) The authority may, by rule, impose fees on entities or individuals that use the program’s services in order to pay the cost of administering the Oregon Health Information Technology program.

(7) The authority may initiate one or more partnerships or participate in new or existing collaboratives to establish and carry out the Oregon Health Information Technology program’s objectives. The authority’s participation may include, but is not limited to:

(a) Participating as a voting member in the governing body of a partnership or collaborative that provides health information technology services;

(b) Paying dues or providing funding to partnerships or collaboratives;

(c) Entering into agreements, subject to ORS 279A.050 (Procurement authority) (7), with partnerships or collaboratives with respect to participation and funding in order to establish the role of the authority and protect the interests of this state when the partnerships or collaboratives provide health information technology services; or

(d) Transferring the implementation or management of one or more services offered by the Oregon Health Information Technology program to a partnership or collaborative.

(8) At least once each calendar year the authority shall report to the Legislative Assembly, in the manner provided in ORS 192.245 (Form of report to legislature), on the status of the Oregon Health Information Technology program. [2015 c.243 §1]

Note: 413.310 (Oregon Health Information Technology program) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 413 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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