I 

118TH CONGRESS 

1ST SESSION H. R. 592 

To prohibit the Secretary of Veterans Affairs from carrying out certain 

activities under the Electronic Health Record Modernization Program 

until certification of system improvements and facility readiness. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2023 

Mr. BOST (for himself, Mr. ROSENDALE, Mrs. RODGERS of Washington, Mr. 

CAREY, Mr. BALDERSON, Mr. NEWHOUSE, Mr. SIMPSON, Mr. BENTZ, 

and Mr. BANKS) introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To prohibit the Secretary of Veterans Affairs from carrying 

out certain activities under the Electronic Health Record 

Modernization Program until certification of system improvements and facility readiness. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Vet5 erans Affairs Electronic Health Record Modernization Im6 provement Act’’. 


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1 SEC. 2. PROHIBITION ON CERTAIN ACTIVITIES UNDER 

2 ELECTRONIC HEALTH RECORD MODERNIZA3 TION PROGRAM UNTIL CERTIFICATION OF 

4 SYSTEM IMPROVEMENTS AND FACILITY 

5 READINESS. 

6 (a) CERTIFICATION OF IMPROVEMENT.— 

7 (1) PROHIBITION.—The Secretary of Veterans 

8 Affairs may not commence a program activity at a 

9 facility of the Veterans Health Administration where 

10 such activity is not being carried out as of the date 

11 of the enactment of this Act until the date on which 

12 the Secretary of Veterans Affairs submits to the 

13 Committees on Veterans’ Affairs of the House of 

14 Representatives and the Senate written certification 

15 that the electronic health record system has met 

16 each of the improvement objectives described in 

17 paragraph (2) at each facility where such system is 

18 being carried out as of the date of the enactment of 

19 this Act. 

20 (2) IMPROVEMENT OBJECTIVES.—The improve21 ment objectives described in this paragraph are the 

22 following: 

23 (A) A monthly uptime for the electronic 

24 health record system of 99.9 percent for four 

25 sequential months. 


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1 (B) The completion of all improvements or 

2 modifications of the electronic health record 

3 system required to be completed pursuant to a 

4 contract, task order, modification, or other 

5 similar instrument, entered into before the date 

6 of the enactment of this Act. 

7 (b) CERTIFICATION OF READINESS.—The Secretary 

8 may not implement the electronic health record system at 

9 a facility of the Veterans Health Administration where 

10 such system has not been implemented as of the date of 

11 the enactment of this Act until the date on which the di12 rector of such facility, the chief of staff of such facility, 

13 and the director of the Veterans Integrated Services Net14 work in which such facility is located each submit to the 

15 Secretary, and the Secretary transmits to the Committees 

16 on Veterans’ Affairs of the House of Representatives and 

17 the Senate, written certification that— 

18 (1) the build and configuration of the electronic 

19 health record system, as proposed to be carried out 

20 at such facility, are accurate and complete; 

21 (2) the staff and infrastructure of such facility 

22 are adequately prepared to receive such system; and 

23 (3) the implementation of such system will not 

24 have significant, sustained adverse effects on patient 


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1 safety, patient wait-times for medical care, or health 

2 care quality at such facility. 

3 (c) DEFINITIONS.—In the section: 

4 (1) The term ‘‘electronic health record system’’ 

5 means the electronic health record system imple6 mented pursuant to the Electronic Health Record 

7 Modernization Program. 

8 (2) The term ‘‘program activity’’ means an ac9 tivity under the Electronic Health Record Mod10 ernization Program, including any site assessment, 

11 current state assessment, local or national workshop, 

12 training, testing, or any other activity conducted be13 fore the activation of the electronic health record 

14 system. 

Æ 


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