II 

110TH CONGRESS 

1ST SESSION S. 1490 

To provide for the establishment and maintenance of electronic personal 

health records for individuals and family members enrolled in Federal 

employee health benefits plans under chapter 89 of title 5, United States 

Code, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. CARPER (for himself and Mr. VOINOVICH) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To provide for the establishment and maintenance of electronic personal health records for individuals and family 

members enrolled in Federal employee health benefits 

plans under chapter 89 of title 5, United States Code, 

and for other purposes. 

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 ‘‘Federal Employees 

5 Electronic Personal Health Records Act of 2007’’. 


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1 SEC. 2. ELECTRONIC PERSONAL HEALTH RECORDS FOR 

2 FEDERAL EMPLOYEE HEALTH BENEFITS 

3 PLANS. 

4 (a) CONTRACT REQUIREMENT.—Section 8902 of title 

5 5, United States Code, is amended by adding at the end 

6 the following: 

7 ‘‘(p) Each contract under this chapter shall require 

8 the carrier to provide for the establishment and mainte9 nance of electronic personal health records in accordance 

10 with section 8915.’’. 

11 (b) ELECTRONIC PERSONAL HEALTH RECORDS.— 

12 Chapter 89 of title 5, United States Code, is amended by 

13 adding after section 8914 the following: 

14 ‘‘§ 8915. Electronic personal health records 

15 ‘‘(a) In this section, the term— 

16 ‘‘(1) ‘claims data’ means— 

17 ‘‘(A) a comprehensive record of health care 

18 services provided to an individual, including 

19 prescriptions; and 

20 ‘‘(B) contact information for providers of 

21 health care services; and 

22 ‘‘(2) ‘standard electronic format’ means a for23 mat that— 

24 ‘‘(A) uses open electronic standards; 


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1 ‘‘(B) enables health information technology 

2 to be used for the collection of clinically specific 

3 data; 

4 ‘‘(C) promotes the interoperability of 

5 health care information across health care set6 tings, including reporting under this section 

7 and to other Federal agencies; 

8 ‘‘(D) facilitates clinical decision support; 

9 ‘‘(E) is useful for diagnosis and treatment 

10 and is understandable for the individual or fam11 ily member; and 

12 ‘‘(F) is based on the Federal messaging 

13 and health vocabulary standard endorsed by— 

14 ‘‘(i) the Office of the National Coordi15 nator for Health Information Technology; 

16 ‘‘(ii) the American Health Informa17 tion Community; or 

18 ‘‘(iii) the Secretary of Health and 

19 Human Services. 

20 ‘‘(b)(1) Each carrier entering into a contract for a 

21 health benefits plan under section 8915 shall provide for 

22 the establishment and maintenance of electronic personal 

23 health records for each individual and family member en24 rolled in that health benefits plan in accordance with this 

25 section. 


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1 ‘‘(2) In the administration of this section, the Office 

2 of Personnel Management— 

3 ‘‘(A) shall ensure that each individual and fam4 ily member is provided— 

5 ‘‘(i) timely notice of the establishment and 

6 maintenance of electronic personal health 

7 records; and 

8 ‘‘(ii) an opportunity to file an election at 

9 any time to— 

10 ‘‘(I) not participate in the establish11 ment or maintenance of an electronic per12 sonal health record for that individual or 

13 family member; and 

14 ‘‘(II) in the case of an electronic per15 sonal health record that is established 

16 under this section, terminate that elec17 tronic personal health record; 

18 ‘‘(B) shall ensure that each electronic personal 

19 health record shall— 

20 ‘‘(i) be based on standard electronic for21 mats; 

22 ‘‘(ii) be available for electronic access 

23 through the Internet for the use of the indi24 vidual or family member to whom the record 

25 applies; 


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1 ‘‘(iii) enable the individual or family mem2 ber to— 

3 ‘‘(I) share any contents of the elec4 tronic personal health record through 

5 transmission in standard electronic format, 

6 fax transmission, or other additional 

7 means to providers of health care services 

8 or other persons; 

9 ‘‘(II) copy or print any contents of the 

10 electronic personal health record; and 

11 ‘‘(III) add supplementary health infor12 mation, such as information relating to— 

13 ‘‘(aa) personal, medical, and 

14 emergency contacts; 

15 ‘‘(bb) laboratory tests; 

16 ‘‘(cc) social history; 

17 ‘‘(dd) health conditions; 

18 ‘‘(ee) allergies; 

19 ‘‘(ff) dental services; 

20 ‘‘(gg) immunizations; 

21 ‘‘(hh) prescriptions; 

22 ‘‘(ii) family health history; 

23 ‘‘(jj) alternative treatments; 

24 ‘‘(kk) appointments; and 


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1 ‘‘(ll) any additional information 

2 as needed; 

3 ‘‘(iv) contain— 

4 ‘‘(I) to the extent feasible, claims data 

5 from— 

6 ‘‘(aa) providers of health care 

7 services that participate in health ben8 efits plans under this chapter; 

9 ‘‘(bb) other providers of health 

10 care services; and 

11 ‘‘(cc) other health benefits plans 

12 in which the individual or family 

13 members have participated; 

14 ‘‘(II) to the extent feasible, clinical 

15 care, pharmaceutical, and laboratory 

16 records; and 

17 ‘‘(III) the name of the source for each 

18 item of health information; 

19 ‘‘(v) authenticate the identity of each indi20 vidual upon accessing the electronic personal 

21 health record; and 

22 ‘‘(vi) contain an audit trail to list the iden23 tity of individuals who access the electronic per24 sonal health record; 


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1 ‘‘(C) shall ensure that the individual or family 

2 member may designate— 

3 ‘‘(i) any other individual to access and ex4 ercise control over the sharing of the electronic 

5 personal health record; and 

6 ‘‘(ii) any other individual to access the 

7 electronic personal health record in an emer8 gency; 

9 ‘‘(D) shall require each health benefits plan to 

10 comply with all privacy and security regulations pro11 mulgated under section 246(c) of the Health Insur12 ance Portability and Accountability Act of 1996 (42 

13 U.S.C. 1320d–2) and other relevant laws relating to 

14 privacy and security; 

15 ‘‘(E) shall require each carrier that enters into 

16 a contract for a health benefits plan to provide for 

17 the electronic transfer of the contents of an elec18 tronic personal health record to another electronic 

19 personal health record under a different health bene20 fits plan maintained under this section or a similar 

21 record not maintained under this section if— 

22 ‘‘(i) coverage in a health benefits plan 

23 under this chapter for an individual or family 

24 member terminates; and 


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1 ‘‘(ii) that individual or family member 

2 elects such a transfer; 

3 ‘‘(F) shall require each carrier to provide for 

4 education, awareness, and training on electronic per5 sonal health records for individuals and family mem6 bers enrolled in health benefits plans; and 

7 ‘‘(G) may require each carrier to provide for an 

8 electronic personal health record to be made avail9 able for electronic access, other than through the 

10 Internet, for the use of the individual or family 

11 member to whom the record applies, if that indi12 vidual or family member requests such access. 

13 ‘‘(3) Nothing in paragraph (2)(C) shall be construed 

14 to provide any rights additional to the rights provided 

15 under the privacy and security regulations promulgated 

16 under section 246(c) of the Health Insurance Portability 

17 and Accountability Act of 1996 (42 U.S.C. 1320d–2) and 

18 other relevant laws relating to privacy and security.’’. 

19 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

20 The table of sections for chapter 89 of title 5, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

‘‘Sec. 8915. Electronic personal health records.’’. 


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1 SEC. 3. EFFECTIVE DATES AND APPLICATION. 

2 (a) IN GENERAL.—Except as provided under sub3 section (b), the amendments made by this Act shall take 

4 effect 30 days after the date of enactment of this Act. 

5 (b) ESTABLISHMENT AND MAINTENANCE OF ELEC6 TRONIC PERSONAL HEALTH RECORDS.—The requirement 

7 for the establishment and maintenance of electronic per8 sonal health records under sections 8902(p) and 8915 of 

9 title 5, United States Code (as added by this Act), shall 

10 apply with respect to contracts for health benefits plans 

11 under chapter 89 of that title which take effect on and 

12 after January of the earlier of— 

13 (1) the first calendar year following 2 years 

14 after the date of enactment of this Act; or 

15 (2) any calendar year determined by the Office 

16 of Personnel Management. 

Æ 


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