Legal Agreements and Policy Work GroupCo-facilitators: Linda Attarian and Jill Moore

Dial:  1-866-427-0083Enter room#:  *8041709* (don’t forget the asterisks 

before and after the room #)

2:00 pm, November 16, 2009

Agenda• Welcome/roll call• Status Report of the NC Cooperative Agreement Initiative: (Vandana and Melanie)

– Submission of Application/Strategic Plan on Oct. 16, 2009– Operational Plan – Target Date:– Update on Work Groups and Current Activities of HWTF

• NC HIE Governance Entity – in progress (Vandana)• Need for a “Statewide Collaborative Process for Privacy and Security” to guide NC HIE

Operational Plan re Policy/Legal goals and tasks outlined in NC HIE Strategic Plan• Proposed Alternative Workgroup Deliverables (Linda)

– Develop recommendations to the NC HIE Governance Entity for a Statewide Collaborative Process for Privacy and Security Policy Making

– Review and catalog NC privacy laws and identify laws that need to be updated, harmonized, repealed, etc. to advance intrastate and interstate HIE

– Consent Matrix – limited to states with statewide HIE governance• Next Steps• Adjourn

Operational Plan RequirementsTopic Area/Domain Components

General Guidance •Coordinate with ARRA Programs (Regional Centers, etc.)•Coordinate with other states

Governance •Ongoing development of governance and policy structures

Finance •Cost estimates and staffing plans•Controls and reporting

Technical Infrastructure

•Standards and certifications consistent with HHS adopted interoperability standards/certifications•Technical architecture

Business and Technical Operations

•Current HIE capacities•State-level shared services and repositories•Standard operating procedures for HIE

Legal/Policy •Establish policies/requirements for the statewide HIE•Privacy and security harmonization•Federal requirements

NC HIE Strategic Plan: Legal/Policy Goals and Tasks

• See Handout

Proposed Deliverable 1: Recommend a Statewide Collaborative Process for Privacy and Security Policy

Making to NC HIE Governance Entity– Would NOT include recommended policies or guidelines governing privacy

and security but would provide recommendations on the PROCESS for developing policies and enforcement mechanisms

– Would address the how, who, and when of achieving each of the privacy and security tasks/goals in Strategic Plan

– Would incorporate key principles and vision in Strategic Plan– Would include recommendations for privacy and security governance

framework (i.e., committee charters) for developing , implementing, monitoring and enforcing policy requirement s to enable appropriate and secure HIE

– Would include a description of how Statewide Collaborative Process will enable NC HIE to ensure statewide compliance with all applicable state and federal laws

– Proposal would be submitted to NC HIE Goverance entity and would be used in drafting NC HIE’s Operational Plan

Proposed Deliverable #2: Update/Harmonization of NC Health

Information Privacy Laws• Conduct a thorough review of NC regulations, policies and laws pertaining

to access, use, and disclosure of personal health information and identify and catalog provisions that :– Are outdated or inconsistent or subject to inconsistent interpretation – Pertain to consumer privacy (e.g., consent)– Pertain to provider/payer/other? concerns (e.g., liability, interstate licensure)– Pertain to accountability and compliance (e.g., regulatory authority, penalties)

• Analyze to identify gaps that need to be addressed and areas for reform to promote consumer and provider adoption of HIE and to facilitate intrastate and interstate interoperability

• Review recent state legislation (2008-2010) updating state privacy laws• Draft white paper to inform NC HIE stakeholders and NC HIE Governance

Entity

Proposed Deliverable #3:Consent Matrix

• Compile information and develop a matrix of consumer consent policies states with statewide HIE governance structures

• Limit review to states that have addressed consumer consent in the context of statewide HIE

• Include description of how the polices were developed and how they are enforced

Next Steps

• Discussion