IIB 

115TH CONGRESS 

2D SESSION H. R. 4245 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2018 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To direct the Secretary of Veterans Affairs to submit to 

Congress certain documents relating to the Electronic 

Health Record Modernization Program of the Department of Veterans Affairs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans’ Electronic 

3 Health Record Modernization Oversight Act of 2017’’. 

4 SEC. 2. OVERSIGHT OF ELECTRONIC HEALTH RECORD 

5 MODERNIZATION PROGRAM. 

6 (a) PROGRAM DOCUMENTS.—Not later than 30 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Veterans Affairs shall submit to the appropriate con9 gressional committees the following documents concerning 

10 the Electronic Health Record Modernization Program: 

11 (1) Integrated Master Plan. 

12 (2) Integrated Master Schedule. 

13 (3) Program Management Plan. 

14 (4) Annual and lifecycle cost estimates, includ15 ing, at a minimum, cost elements relating to— 

16 (A) Federal Government labor; 

17 (B) contractor labor; 

18 (C) hardware; 

19 (D) software; and 

20 (E) testing and evaluation. 

21 (5) Cost baseline. 

22 (6) Risk Management Plan. 

23 (7) Health IT Strategic Architecture Plan. 

24 (8) Transition Plan for implementing updated 

25 architecture. 

26 (9) Data Migration Plan. 


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1 (10) System and Data Security Plan. 

2 (11) Application Implementation Plan. 

3 (12) System Design Documents. 

4 (13) Legacy Veterans Information Systems and 

5 Technology Architecture Standardization, Security 

6 Enhancement, and Consolidation Project Plan. 

7 (14) Health Data Interoperability Management 

8 Plan. 

9 (15) Community Care Vision and Implementa10 tion Plan, including milestones and a detailed de11 scription of how complete interoperability with non12 Department health care providers will be achieved. 

13 (b) QUARTERLY UPDATES.—Not later than 30 days 

14 after the end of each fiscal quarter during the period be15 ginning with the fiscal quarter in which this Act is enacted 

16 and ending on the date on which the Electronic Health 

17 Record Modernization Program is completed, the Sec18 retary shall submit to the appropriate congressional com19 mittees the most recent updated versions, if any exist, of 

20 the following documents: 

21 (1) Integrated Master Schedule. 

22 (2) Program Management Plan, including any 

23 written Program Management Review material de24 veloped for the Program Management Plan during 

25 the fiscal quarter covered by the submission. 


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1 (3) Each document described in subsection 

2 (a)(4). 

3 (4) Performance Baseline Report for the fiscal 

4 quarter covered by the submission or for the fiscal 

5 quarter ending the fiscal year prior to the submis6 sion. 

7 (5) Budget Reconciliation Report. 

8 (6) Risk Management Plan and Risk Register. 

9 (c) CONTRACTS.—Not later than 5 days after award10 ing a contract, order, or agreement, including any modi11 fications thereto, under the Electronic Health Record 

12 Modernization Program, the Secretary shall submit to the 

13 appropriate congressional committees a copy of the entire 

14 such contract, order, agreement, or modification. 

15 (d) NOTIFICATION.— 

16 (1) REQUIREMENT.—Not later than 10 days 

17 after an event described in paragraph (2) occurs, the 

18 Secretary shall notify the appropriate congressional 

19 committees of such occurrence, including a descrip20 tion of the event and an explanation for why such 

21 event occurred. 

22 (2) EVENT DESCRIBED.—An event described in 

23 this paragraph is any of the following events regard24 ing the Electronic Health Record Modernization 

25 Program: 


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1 (A) The delay of any milestone or deliver2 able by 30 or more days. 

3 (B) A request for equitable adjustment, eq4 uitable adjustment, or change order exceeding 

5 $1,000,000 (as such terms are defined in the 

6 Federal Acquisition Regulation). 

7 (C) The submission of any protest, claim, 

8 or dispute, and the resolution of any protest, 

9 claim, or dispute (as such terms are defined in 

10 the Federal Acquisition Regulation). 

11 (D) A loss of clinical or other data. 

12 (E) A breach of patient privacy, including 

13 any— 

14 (i) disclosure of protected health in15 formation that is not permitted under reg16 ulations promulgated under section 264(c) 

17 of the Health Insurance Portability and 

18 Accountability Act of 1996 (Public Law 

19 104–191; 42 U.S.C. 1320d–2 note); and 

20 (ii) breach of sensitive personal infor21 mation (as defined in section 5727 of title 

22 38, United States Code). 

23 (e) DEFINITIONS.—In this section: 

24 (1) The term ‘‘appropriate congressional com25 mittees’’ means— 


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1 (A) the Committees on Veterans’ Affairs of 

2 the House of Representatives and the Senate; 

3 and 

4 (B) the Committees on Appropriations of 

5 the House of Representatives and the Senate. 

6 (2) The term ‘‘Electronic Health Record Mod7 ernization Program’’ means— 

8 (A) any activities by the Department of 

9 Veterans Affairs to procure or implement an 

10 electronic health or medical record system to re11 place any or all of the Veterans Information 

12 Systems and Technology Architecture, the Com13 puterized Patient Record System, the Joint 

14 Legacy Viewer, or the Enterprise Health Man15 agement Platform; and 

16 (B) any contracts or agreements entered 

17 into by the Secretary of Veterans Affairs to 

18 carry out, support, or analyze the activities 

19 under subparagraph (A). 

Passed the House of Representatives May 21, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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