VA Electronic Health Record Transparency Act of 2021
PL 117-154 (H.R.4591), enacted 06/23/2022

[117th Congress Public Law 154]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 1303]]

Public Law 117-154
117th Congress

                                 An Act


 
   To direct the Secretary of Veterans Affairs to submit to Congress 
periodic reports on the costs, performance metrics, and outcomes of the 
 Department of Veterans Affairs Electronic Health Record Modernization 
            program. <<NOTE: June 23, 2022 -  [H.R. 4591]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: VA Electronic 
Health Record Transparency Act of 2021.>> 
SECTION 1. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This Act may be cited as the ``VA Electronic Health Record 
Transparency Act of 2021''.
SEC. 2. REPORTS ON COSTS, PERFORMANCE METRICS, AND OUTCOMES OF 
                    DEPARTMENT OF VETERANS AFFAIRS ELECTRONIC 
                    HEALTH RECORD MODERNIZATION PROGRAM.

    (a) In General.--Section 503 of the Veterans Benefits and Transition 
Act of 2018 (Public Law 115-407; 38 U.S.C. 5701 note prec.) <<NOTE: 38 
USC 5701 note prec.>>  is amended--
            (1) by redesignating subsection (e) as subsection (f);
            (2) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) <<NOTE: Time periods.>>  Quarterly Reports.--
            ``(1) Reports on costs of ehrm program.--Not later than 90 
        days after the date of the enactment of the VA Electronic Health 
        Record Transparency Act of 2021, and every 30 days after the 
        last day of each fiscal quarter thereafter until the termination 
        date specified in paragraph (3), the Secretary of Veterans 
        Affairs shall submit to the Committees on Veterans' Affairs of 
        the Senate and House of Representatives a report on the costs of 
        the Electronic Health Record Modernization program of the 
        Department of Veterans Affairs. Each such report shall include, 
        for the period covered by the report and for the total period 
        beginning on the date of the enactment of the VA Electronic 
        Health Record Transparency Act of 2021 and ending on the date of 
        the submittal of the report, a description of all actual 
        expenses of, and driven by, such program, including any such 
        expenses paid using--
                    ``(A) any funds appropriated for the Department of 
                Veterans Affairs, for any source or account, expended by 
                any organizational element of the Department or by the 
                Federal Electronic Health Record Modernization Office 
                for the Electronic Health Record Modernization Program;
                    ``(B) any funds, from any source or account, 
                expended by any organizational element of the Department 
                for physical or technology infrastructure modifications, 
                enhancements, improvements, or expansions at a facility 
                of the

[[Page 136 STAT. 1304]]

                Department necessitated by, or related or pertaining to, 
                the Electronic Health Record Modernization Program; and
                    ``(C) any funds, from any source or account, 
                expended by any organizational element of the Department 
                or by the Federal Electronic Health Record Modernization 
                Office for consultants, support contractors, or experts 
                related or pertaining to the Electronic Health Record 
                Modernization Program.
            ``(2) Reports on performance metrics and outcomes.--Not 
        later than 90 days after the date of the enactment of the VA 
        Electronic Health Record Transparency Act of 2021, and every 30 
        days after the last day of each fiscal quarter thereafter until 
        the termination date specified in paragraph (3), the Secretary 
        of Veterans Affairs shall submit to the Committees on Veterans' 
        Affairs of the Senate and House of Representatives a report on 
        the performance metrics and outcomes of the Electronic Health 
        Record Modernization Program. Each such <<NOTE: Lists.>>  report 
        shall include, for the period covered by the report--
                    ``(A) <<NOTE: Assessment.>>  a list of the quality, 
                performance, safety, or value metrics, key performance 
                indicators, and other diagnostic or evaluation criteria 
                in use to assess the Electronic Health Record 
                Modernization Program and the electronic health record 
                system, in general and at individual facilities, with 
                respect to veterans, employees of the Department, and 
                Departmental operations;
                    ``(B) an explanation of any change to any of such 
                metrics, indicators, and criteria compared to the 
                metrics, indicators, and criteria included in any 
                previous report submitted under this paragraph;
                    ``(C) <<NOTE: Data.>>  the data supporting or 
                demonstrating each such metric, indicator, and criteria 
                compared to the data supporting or demonstrating such 
                metric, indicator, or criteria as included in the 
                previous report submitted under this paragraph; and
                    ``(D) a list of patient safety reports, incidents, 
                alerts, or disclosures at each facility of the 
                Department where the electronic health record system has 
                been implemented.
            ``(3) <<NOTE: Certification.>>  Termination date.--The 
        requirement to submit a report under paragraph (1) shall 
        terminate on the date that is 90 days after the date on which 
        the Secretary submits to the Committees on Veterans' Affairs of 
        the Senate and House of Representatives certification that the 
        Electronic Health Record Modernization program has been fully 
        implemented.''; and
            (3) <<NOTE: Definitions.>>  in subsection (f), as 
        redesignated by paragraph (1), by adding at the end the 
        following new paragraphs:
            ``(3) The term `electronic health record system' means the 
        electronic health record system implemented pursuant to the 
        Electronic Health Record Modernization Program.
            ``(4) The term `Federal Electronic Health Record Management 
        Office' means the office established under section 1635(b) of 
        the Wounded Warrior Act (title XVI of Public Law 110-181; 10 
        U.S.C. 1071 note).

[[Page 136 STAT. 1305]]

            ``(5) The term `facility of the Department' includes a joint 
        facility of the Department of Veterans Affairs and the 
        Department of Defense.''.

    Approved June 23, 2022.

LEGISLATIVE HISTORY--H.R. 4591:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    Nov. 16, considered and passed 
                                        House.
                                                        Vol. 168 (2022):
                                    May 26, considered and passed 
                                        Senate.

                                  <all>