Veterans' Electronic Health Record Modernization Oversight Act of 2017

Bill: 115-hr-4245
Sponsor: full_name: Rep. Walz, Timothy J. [D-MN-1]
Introduced: 2017-11-03
Policy area: Armed Forces and National Security
Subjects: Congressional oversight

Health information and medical records

Public contracts and procurement

Right of privacy

Veterans' medical care
Latest action: action_date: 2018-05-22
text: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Summaries:
action_date: 2017-11-03
action_desc: Introduced in House
text: <p><b>Veterans' Electronic Health Record Modernization Oversight Act of 2017</b></p> <p>This bill directs the Department of Veterans Affairs (VA) to submit to Congress: (1) certain documents concerning the Electronic Health Record Modernization Program; (2) quarterly updates of certain documents until the program is completed; (3) a copy of any contract, order, or agreement under the program within 5 days after it is awarded; and (4) a notice within 10 days after the occurrence of specified events regarding the program, including milestone delays, change requests, protest submissions, data losses, or breaches of patient privacy.</p> <p>The Electronic Health Record Modernization Program means VA activities, contracts, or agreements to procure or implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform.</p>

action_date: 2018-05-21
action_desc: Passed House without amendment
text: <p><b>Veterans' Electronic Health Record Modernization Oversight Act of 2017</b></p> <p> (Sec. 2) This bill directs the Department of Veterans Affairs to provide Congress with: </p> <ul> <li> certain planning and implementation documents and contracts related to its Electronic Health Record Modernization program to implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; </li> <li> quarterly updates of certain of such documents;</li> <li> copies of related contracts, orders, or agreements within 5 days; and </li> <li>notice within 10 days of delays of any milestone or deliverable exceeding 30 days, change requests exceeding $1 million, protest submissions, data losses, or breaches of patient privacy.</li> </ul>

tv_txt: I 115th CONGRESS 1st Session H. R. 4245 IN THE HOUSE OF REPRESENTATIVES November 3, 2017 Mr. Walz (for himself, Mr. Roe of Tennessee , Ms. Kuster of New Hampshire , and Mr. Bergman ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL 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. Short title This Act may be cited as the Veterans’ Electronic Health Record Modernization Oversight Act of 2017 . 2. Oversight of Electronic Health Record Modernization Program (a) Program documents Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees the following documents concerning the Electronic Health Record Modernization Program: (1) Integrated Master Plan. (2) Integrated Master Schedule. (3) Program Management Plan. (4) Annual and lifecycle cost estimates, including, at a minimum, cost elements relating to— (A) Federal Government labor; (B) contractor labor; (C) hardware; (D) software; and (E) testing and evaluation. (5) Cost baseline. (6) Risk Management Plan. (7) Health IT Strategic Architecture Plan. (8) Transition Plan for implementing updated architecture. (9) Data Migration Plan. (10) System and Data Security Plan. (11) Application Implementation Plan. (12) System Design Documents. (13) Legacy Veterans Information Systems and Technology Architecture Standardization, Security Enhancement, and Consolidation Project Plan. (14) Health Data Interoperability Management Plan. (15) Community Care Vision and Implementation Plan, including milestones and a detailed description of how complete interoperability with non-Department health care providers will be achieved. (b) Quarterly updates Not later than 30 days after the end of each fiscal quarter during the period beginning with the fiscal quarter in which this Act is enacted and ending on the date on which the Electronic Health Record Modernization Program is completed, the Secretary shall submit to the appropriate congressional committees the most recent updated versions, if any exist, of the following documents: (1) Integrated Master Schedule. (2) Program Management Plan, including any written Program Management Review material developed for the Program Management Plan during the fiscal quarter covered by the submission. (3) Each document described in subsection (a)(4). (4) Performance Baseline Report for the fiscal quarter covered by the submission or for the fiscal quarter ending the fiscal year prior to the submission. (5) Budget Reconciliation Report. (6) Risk Management Plan and Risk Register. (c) Contracts Not later than five days after awarding a contract, order, or agreement, including any modifications thereto, under the Electronic Health Record Modernization Program, the Secretary shall submit to the appropriate congressional committees a copy of the entire such contract, order, agreement, or modification. (d) Notification (1) Requirement Not later than 10 days after an event described in paragraph (2) occurs, the Secretary shall notify the appropriate congressional committees of such occurrence, including a description of the event and an explanation for why such event occurred. (2) Event described An event described in this paragraph is any of the following events regarding the Electronic Health Record Modernization Program: (A) The delay of any milestone or deliverable by 30 or more days. (B) A request for equitable adjustment, equitable adjustment, or change order exceeding $1,000,000 (as such terms are defined in the Federal Acquisition Regulation). (C) The submission of any protest, claim, or dispute, and the resolution of any protest, claim, or dispute (as such terms are defined in the Federal Acquisition Regulation). (D) A loss of clinical or other data. (E) A breach of patient privacy, including any— (i) disclosure of protected health information that is not permitted under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 42 U.S.C. 1320d–2 note); and (ii) breach of sensitive personal information (as defined in section 5727 of title 38, United States Code). (e) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and (B) the Committees on Appropriations of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program means— (A) any activities by the Department of Veterans Affairs to procure or implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; and (B) any contracts or agreements entered into by the Secretary of Veterans Affairs to carry out, support, or analyze the activities under subparagraph (A).

tv_txt: I 115th CONGRESS 2d Session H. R. 4245 IN THE HOUSE OF REPRESENTATIVES 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. Short title This Act may be cited as the Veterans’ Electronic Health Record Modernization Oversight Act of 2017 . 2. Oversight of Electronic Health Record Modernization Program (a) Program documents Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees the following documents concerning the Electronic Health Record Modernization Program: (1) Integrated Master Plan. (2) Integrated Master Schedule. (3) Program Management Plan. (4) Annual and lifecycle cost estimates, including, at a minimum, cost elements relating to— (A) Federal Government labor; (B) contractor labor; (C) hardware; (D) software; and (E) testing and evaluation. (5) Cost baseline. (6) Risk Management Plan. (7) Health IT Strategic Architecture Plan. (8) Transition Plan for implementing updated architecture. (9) Data Migration Plan. (10) System and Data Security Plan. (11) Application Implementation Plan. (12) System Design Documents. (13) Legacy Veterans Information Systems and Technology Architecture Standardization, Security Enhancement, and Consolidation Project Plan. (14) Health Data Interoperability Management Plan. (15) Community Care Vision and Implementation Plan, including milestones and a detailed description of how complete interoperability with non-Department health care providers will be achieved. (b) Quarterly updates Not later than 30 days after the end of each fiscal quarter during the period beginning with the fiscal quarter in which this Act is enacted and ending on the date on which the Electronic Health Record Modernization Program is completed, the Secretary shall submit to the appropriate congressional committees the most recent updated versions, if any exist, of the following documents: (1) Integrated Master Schedule. (2) Program Management Plan, including any written Program Management Review material developed for the Program Management Plan during the fiscal quarter covered by the submission. (3) Each document described in subsection (a)(4). (4) Performance Baseline Report for the fiscal quarter covered by the submission or for the fiscal quarter ending the fiscal year prior to the submission. (5) Budget Reconciliation Report. (6) Risk Management Plan and Risk Register. (c) Contracts Not later than 5 days after awarding a contract, order, or agreement, including any modifications thereto, under the Electronic Health Record Modernization Program, the Secretary shall submit to the appropriate congressional committees a copy of the entire such contract, order, agreement, or modification. (d) Notification (1) Requirement Not later than 10 days after an event described in paragraph (2) occurs, the Secretary shall notify the appropriate congressional committees of such occurrence, including a description of the event and an explanation for why such event occurred. (2) Event described An event described in this paragraph is any of the following events regarding the Electronic Health Record Modernization Program: (A) The delay of any milestone or deliverable by 30 or more days. (B) A request for equitable adjustment, equitable adjustment, or change order exceeding $1,000,000 (as such terms are defined in the Federal Acquisition Regulation). (C) The submission of any protest, claim, or dispute, and the resolution of any protest, claim, or dispute (as such terms are defined in the Federal Acquisition Regulation). (D) A loss of clinical or other data. (E) A breach of patient privacy, including any— (i) disclosure of protected health information that is not permitted under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 42 U.S.C. 1320d–2 note); and (ii) breach of sensitive personal information (as defined in section 5727 of title 38, United States Code). (e) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and (B) the Committees on Appropriations of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program means— (A) any activities by the Department of Veterans Affairs to procure or implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; and (B) any contracts or agreements entered into by the Secretary of Veterans Affairs to carry out, support, or analyze the activities under subparagraph (A).

Passed the House of Representatives May 21, 2018. Karen L. Haas, Clerk.

tv_txt: 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. Short title This Act may be cited as the Veterans’ Electronic Health Record Modernization Oversight Act of 2017 . 2. Oversight of Electronic Health Record Modernization Program (a) Program documents Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees the following documents concerning the Electronic Health Record Modernization Program: (1) Integrated Master Plan. (2) Integrated Master Schedule. (3) Program Management Plan. (4) Annual and lifecycle cost estimates, including, at a minimum, cost elements relating to— (A) Federal Government labor; (B) contractor labor; (C) hardware; (D) software; and (E) testing and evaluation. (5) Cost baseline. (6) Risk Management Plan. (7) Health IT Strategic Architecture Plan. (8) Transition Plan for implementing updated architecture. (9) Data Migration Plan. (10) System and Data Security Plan. (11) Application Implementation Plan. (12) System Design Documents. (13) Legacy Veterans Information Systems and Technology Architecture Standardization, Security Enhancement, and Consolidation Project Plan. (14) Health Data Interoperability Management Plan. (15) Community Care Vision and Implementation Plan, including milestones and a detailed description of how complete interoperability with non-Department health care providers will be achieved. (b) Quarterly updates Not later than 30 days after the end of each fiscal quarter during the period beginning with the fiscal quarter in which this Act is enacted and ending on the date on which the Electronic Health Record Modernization Program is completed, the Secretary shall submit to the appropriate congressional committees the most recent updated versions, if any exist, of the following documents: (1) Integrated Master Schedule. (2) Program Management Plan, including any written Program Management Review material developed for the Program Management Plan during the fiscal quarter covered by the submission. (3) Each document described in subsection (a)(4). (4) Performance Baseline Report for the fiscal quarter covered by the submission or for the fiscal quarter ending the fiscal year prior to the submission. (5) Budget Reconciliation Report. (6) Risk Management Plan and Risk Register. (c) Contracts Not later than 5 days after awarding a contract, order, or agreement, including any modifications thereto, under the Electronic Health Record Modernization Program, the Secretary shall submit to the appropriate congressional committees a copy of the entire such contract, order, agreement, or modification. (d) Notification (1) Requirement Not later than 10 days after an event described in paragraph (2) occurs, the Secretary shall notify the appropriate congressional committees of such occurrence, including a description of the event and an explanation for why such event occurred. (2) Event described An event described in this paragraph is any of the following events regarding the Electronic Health Record Modernization Program: (A) The delay of any milestone or deliverable by 30 or more days. (B) A request for equitable adjustment, equitable adjustment, or change order exceeding $1,000,000 (as such terms are defined in the Federal Acquisition Regulation). (C) The submission of any protest, claim, or dispute, and the resolution of any protest, claim, or dispute (as such terms are defined in the Federal Acquisition Regulation). (D) A loss of clinical or other data. (E) A breach of patient privacy, including any— (i) disclosure of protected health information that is not permitted under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 42 U.S.C. 1320d–2 note); and (ii) breach of sensitive personal information (as defined in section 5727 of title 38, United States Code). (e) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and (B) the Committees on Appropriations of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program means— (A) any activities by the Department of Veterans Affairs to procure or implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; and (B) any contracts or agreements entered into by the Secretary of Veterans Affairs to carry out, support, or analyze the activities under subparagraph (A).

Passed the House of Representatives May 21, 2018. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 534 115th CONGRESS 2d Session H. R. 4245 [Report No. 115–691] IN THE HOUSE OF REPRESENTATIVES November 3, 2017 Mr. Walz (for himself, Mr. Roe of Tennessee , Ms. Kuster of New Hampshire , and Mr. Bergman ) introduced the following bill; which was referred to the Committee on Veterans' Affairs May 21, 2018 Additional sponsors: Mr. Grothman , Mr. Meadows , Mr. Lamborn , and Mr. Coffman May 21, 2018 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL 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. Short title This Act may be cited as the Veterans’ Electronic Health Record Modernization Oversight Act of 2017 . 2. Oversight of Electronic Health Record Modernization Program (a) Program documents Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees the following documents concerning the Electronic Health Record Modernization Program: (1) Integrated Master Plan. (2) Integrated Master Schedule. (3) Program Management Plan. (4) Annual and lifecycle cost estimates, including, at a minimum, cost elements relating to— (A) Federal Government labor; (B) contractor labor; (C) hardware; (D) software; and (E) testing and evaluation. (5) Cost baseline. (6) Risk Management Plan. (7) Health IT Strategic Architecture Plan. (8) Transition Plan for implementing updated architecture. (9) Data Migration Plan. (10) System and Data Security Plan. (11) Application Implementation Plan. (12) System Design Documents. (13) Legacy Veterans Information Systems and Technology Architecture Standardization, Security Enhancement, and Consolidation Project Plan. (14) Health Data Interoperability Management Plan. (15) Community Care Vision and Implementation Plan, including milestones and a detailed description of how complete interoperability with non-Department health care providers will be achieved. (b) Quarterly updates Not later than 30 days after the end of each fiscal quarter during the period beginning with the fiscal quarter in which this Act is enacted and ending on the date on which the Electronic Health Record Modernization Program is completed, the Secretary shall submit to the appropriate congressional committees the most recent updated versions, if any exist, of the following documents: (1) Integrated Master Schedule. (2) Program Management Plan, including any written Program Management Review material developed for the Program Management Plan during the fiscal quarter covered by the submission. (3) Each document described in subsection (a)(4). (4) Performance Baseline Report for the fiscal quarter covered by the submission or for the fiscal quarter ending the fiscal year prior to the submission. (5) Budget Reconciliation Report. (6) Risk Management Plan and Risk Register. (c) Contracts Not later than five days after awarding a contract, order, or agreement, including any modifications thereto, under the Electronic Health Record Modernization Program, the Secretary shall submit to the appropriate congressional committees a copy of the entire such contract, order, agreement, or modification. (d) Notification (1) Requirement Not later than 10 days after an event described in paragraph (2) occurs, the Secretary shall notify the appropriate congressional committees of such occurrence, including a description of the event and an explanation for why such event occurred. (2) Event described An event described in this paragraph is any of the following events regarding the Electronic Health Record Modernization Program: (A) The delay of any milestone or deliverable by 30 or more days. (B) A request for equitable adjustment, equitable adjustment, or change order exceeding $1,000,000 (as such terms are defined in the Federal Acquisition Regulation). (C) The submission of any protest, claim, or dispute, and the resolution of any protest, claim, or dispute (as such terms are defined in the Federal Acquisition Regulation). (D) A loss of clinical or other data. (E) A breach of patient privacy, including any— (i) disclosure of protected health information that is not permitted under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 42 U.S.C. 1320d–2 note); and (ii) breach of sensitive personal information (as defined in section 5727 of title 38, United States Code). (e) Definitions In this section: (1) The term appropriate congressional committees means— (A) the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and (B) the Committees on Appropriations of the House of Representatives and the Senate. (2) The term Electronic Health Record Modernization Program means— (A) any activities by the Department of Veterans Affairs to procure or implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; and (B) any contracts or agreements entered into by the Secretary of Veterans Affairs to carry out, support, or analyze the activities under subparagraph (A).

May 21, 2018 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed