NC HIE Program Legal and Policy Work Group Pre-Meeting Conference Call for New Members

1. NC HIE Program Legal and Policy Work Group Pre-Meeting Conference Call for New Members Dial:  1-866-427-008; Enter room#:  *8041709* May 10, 2010 10:30 a.m. – 11:30 a.m.

2. Agenda • Welcome • State HIE Cooperative Agreement Program • HIE State Plan Requirements • Timeline of NC HIE Planning Activities to Date • Charge of Legal/Policy Workgroup • Deliverables of Legal/Policy Workgroup Sept. – Dec. 2009 • Links to Resource Documents • Questions?

3. State Cooperative Agreements to Promote HIT Planning and Implementation Projects • Federal Funding Opportunity authorized under Sec. 3013 of the Public Health Services Act as amended by ARRA • Purpose of the program: (See pgs 6-8 of FOA for additional information) • to facilitate and expand the secure, electronic movement and use of health information to improve the quality and coordination of care; • to assist states with the development of statewide HIE policy, governance, technical infrastructure and business practices needed to enable standard-based HIE and a high performance health care system • States expected to meet local health care provider, community, state public health and nationwide information needs, including capabilities to meet meaningful use requirements for eligible health care providers to achieve Medicaid/Medicare financial incentives • Funding available for four years; states required to meet specific milestones in each of the following five HIE domains: (See pgs. 10-13 of FOA for further details) • Governance • Finance • Technical Infrastructure • Business and technical operations and • Legal/Policy

4. Overview of State HIE Plan Requirements • Planning funds must be used to develop the State HIE Plan • Implementation funds may be drawn down once ONC approves the state’s HIE Plan • See Appendix B of the FOA for a description of the strategic and operational plan requirements • In general, a State HIE Plan must describe the state’s strategic vision, goals, and objectives as well as details regarding how the state will execute effective and secure HIE across the state’s health care system • A State HIE Plan must also specifically address the strategic and operational processes that need to be developed to achieve key milestones within the first 2 years in each of the five domains (See pg. 13 of FOA for list of key accomplishments for the Legal/Policy domain)

5. Timeline of NC HIE Planning Activities and Program Milestones July 16, 2009: Governor signed Executive Order 19, charging the NC Health and Wellness Trust Fund Commission (HWTF) with the responsibility for coordinating North Carolina's Health IT efforts and creates the North Carolina Health Information Technology Collaborative (NC HIT Collaborative) to make recommendations to the Commission regarding the development of the “NC HIE Action Plan” August 20, 2009: ONC announces FOA for State HIE Cooperative Agreement Program August 24, 2009:Governor’s HIT Task Force releases NC Draft Strategic Plan to promote HIT September 11, 2009:HWTF submits Letter of Intent to seek Cooperative Agreement funds on behalf of North Carolina October 16, 2009:HWTF submits Cooperative Agreement Application and attaches the “NC HIE Strategic Plan” February 12, 2010: HWTF receives Notice of Grant Award for ONC to fund HIE planning and implementation activities through 2014. Amount of award: $12.9 million February 12, 2010:CMS awards $2.4 the NC Medicaid Program to develop an Medicaid HIT Plan April 6, 2010:North Carolina Area Health Education Centers Program (AHEC) located at UNC-Chapel Hill is awarded $13.6 million to establish a comprehensive regional extension center to provide training and technical support for primary care providers using electronic health records April 30, 2010:New non-profit NC HIE governance entity established to replace the NC HIT Collaborative;

6. Charge of Legal/Policy Workgroup • Establish a statewide policy framework that protects the privacy and security of health information and that allows for incremental development of polices over time • Identify practical privacy and security strategies and policies to support secure HIE while protecting consumer interests • Identify a process to harmonize federal and state legal and policy requirements to support HIE • Develop policies to resolve potential barriers to interstate HIE • Establish enforcement mechanisms and agreements to ensure appropriate oversight and accountability among HIE participants • Identify operational processes to support privacy and security policies; Ensure implementation and evaluation of policies and legal agreements needed to guide technical services prioritized by the State

7. Deliverables of Legal/Policy Workgroup Sept. – Dec. 2009 • Led development of Legal/Policy domain sections of the Grant Application and the NC HIE Strategic Plan: • Considered and identified key legal, operational, educational and policy strategies that support secure and effective HIE • Considered and identified a set of privacy and security principles to guide the establishment of an HIE privacy and security framework • Considered and identified strategic processes to apply the lessons learned from HISPC and NHIN • Considered and developed a plan to evaluate, harmonize and contemporize NC laws governing the use and disclosure of health information • Considered issues related to consumer consent and proposed a collaborative process to develop a statewide consent policy for HIE

8. Links to Important Resources Links: HWTF Website: http://www.healthwellnc.com/healthit.aspx Sec. 3013 State HIE Cooperative Agreement FOA: http://healthit.hhs.gov/portal/server.pt/gateway/PTARGS_0_10741_888442_0_0_18/FOA_State%20Health%20Information%20Exchange%20Cooperative%20Agreement%20Program_Sept3_updated%20funding%20formula.doc State HIE Tool Kit: http://statehieresources.org/ Legal/Policy Workgroup’s Briefing Paper re Collaborative Process to Consumer Consent: http://www.healthwellnc.com/healthit/Docs/HITC_WkgrpMeeting-Legal_120909_HITCConsentBriefing.doc

9. Questions? • See you Thursday!