health services. Such study shall include an assessment of 
the feasibility, advisability, and the costs of expanding the 
use of such technologies for use in the diagnosis and treat-
ment of certain conditions. 
(b) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Health 
and Human Services shall submit to Congress a report 
on the study conducted under subsection (a) and shall in-
clude in such report such recommendations for legislation 
or administration action as the Secretary determines ap-
propriate. 
SEC. 204. ENSURING HEALTH CARE PROVIDERS PARTICI-
PATING 
IN 
PHSA 
PROGRAMS, 
MEDICAID, 
SCHIP, OR THE MCH PROGRAM MAY MAIN-
TAIN HEALTH INFORMATION IN ELECTRONIC 
FORM. 
Part B of title II of the Public Health Service Act 
is amended by adding at the end the following new section: 
‘‘SEC. 249. ENSURING HEALTH CARE PROVIDERS MAY MAIN-
TAIN HEALTH INFORMATION IN ELECTRONIC 
FORM. 
‘‘(a) IN GENERAL.—Any health care provider that 
participates in a health care program that receives Federal 
funds under this Act, or under title V, XIX, or XXI of 
the Social Security Act, shall be deemed as meeting any 
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requirement for the maintenance of data in paper form 
under such program (whether or not for purposes of man-
agement, billing, reporting, reimbursement, or otherwise) 
if the required data is maintained in an electronic form. 
‘‘(b) RELATION TO STATE LAWS.—Beginning on the 
date that is one year after the date of the enactment of 
this section, subsection (a) shall supersede any contrary 
provision of State law. 
‘‘(c) CONSTRUCTION.—Nothing in this section shall 
be construed as— 
‘‘(1) requiring health care providers to maintain 
or submit data in electronic form; 
‘‘(2) preventing a State from permitting health 
care providers to maintain or submit data in paper 
form; or 
‘‘(3) preventing a State from requiring health 
care providers to maintain or submit data in elec-
tronic form.’’. 
SEC. 205. ENSURING HEALTH CARE PROVIDERS PARTICI-
PATING IN THE MEDICARE PROGRAM MAY 
MAINTAIN HEALTH INFORMATION IN ELEC-
TRONIC FORM. 
Section 1871 of the Social Security Act (42 U.S.C. 
1395hh) is amended by adding at the end the following 
new subsection: 
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‘‘(g)(1) Any provider of services or supplier shall be 
deemed as meeting any requirement for the maintenance 
of data in paper form under this title (whether or not for 
purposes of management, billing, reporting, reimburse-
ment, or otherwise) if the required data is maintained in 
an electronic form. 
‘‘(2) Nothing in this subsection shall be construed as 
requiring health care providers to maintain or submit data 
in electronic form.’’. 
SEC. 206. STUDY AND REPORT ON STATE, REGIONAL, AND 
COMMUNITY 
HEALTH 
INFORMATION 
EX-
CHANGES. 
(a) STUDY.—The Secretary of Health and Human 
Services shall conduct a study on issues related to the de-
velopment, operation, and implementation of State, re-
gional, and community health information exchanges. 
Such study shall include the following, with respect to 
such health information exchanges: 
(1) Profiles detailing the current stages of such 
health information exchanges with respect to the 
progression of the development, operation, imple-
mentation, organization, and governance of such ex-
changes. 
(2) The impact of such exchanges on health 
care quality, safety, and efficiency, including— 
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(A) any impact on the coordination of 
health information and services across health 
care providers and other organizations relevant 
to health care; 
(B) any impact on the availability of health 
information at the point-of-care to make timely 
medical decisions; 
(C) any benefits with respect to the pro-
motion of wellness, disease prevention, and 
chronic disease management; 
(D) any improvement with respect to pub-
lic health preparedness and response; 
(E) any impact on the widespread adoption 
of interoperable health information technology, 
including electronic health records; 
(F) any contributions to achieving an 
Internet-based national health information net-
work; 
(G) any contribution of health information 
exchanges to consumer access and to con-
sumers’ use of their health information; and 
(H) any impact on the operation of— 
(i) the Medicare and Medicaid pro-
grams under title XVIII and XIX, respec-
tively, of the Social Security Act; 
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(ii) the State Children’s Health Insur-
ance Program (SCHIP) under title XXI of 
such Act; 
(iii) disproportionate share hospitals 
described in section 1923 of such Act; 
(iv) Federally-qualified health centers; 
or 
(v) managed care plans, if a signifi-
cant number of the plan’s enrollees are 
beneficiaries in the Medicaid program or 
State Children’s Health Insurance Pro-
gram under title XIX or XXI, respectively, 
of such Act. 
(3) 
Best 
practice 
models 
for 
financing, 
incentivizing, and sustaining such health information 
exchanges. 
(4) Information identifying the common prin-
ciples, policies, tools, and standards used (or pro-
posed) in the public and private sectors to support 
the development, operation, and implementation of 
such health information exchanges. 
(5) A description of any areas in which Federal 
Government leadership is needed to support growth 
and sustainability of such health information ex-
changes. 
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