27-50-109. Centralized digital consent repository working group - duties - report - repeal

27-50-109. Centralized digital consent repository working group - duties - report - repeal. (1) The office of e-health innovation in the governor's office shall convene a working group to evaluate the feasibility of creating a centralized digital consent repository that:

(a) Allows patients to provide, extend, deny, and revoke consent for sharing their medical data and information between physical and behavioral health-care providers, family members, community organizations, payers, and state agencies at any time;

(b) Enhances care coordination among patients, providers, and family members; and

(c) Ensures patient data is accurately recorded and securely stored.

(2) The working group shall:

(a) Review the state's existing efforts to develop a centralized digital consent repository;

(b) Determine the process required to establish a centralized digital consent repository;

(c) Evaluate the potential cost of implementing a centralized digital consent repository;

(d) Identify the infrastructure needed to establish a centralized digital consent repository;

(e) Identify best practices for protecting patient data;

(f) Identify solutions for the secure storage of data and for patient and provider access to the data;

(g) Discuss the role of the centralized digital consent repository in crisis situations and how to ensure emergent information is communicated in a timely manner between a patient, a provider or facility, and other authorized persons;

(h) Engage with the department of regulatory agencies regarding implementation of the release forms; and

(i) Make recommendations on any other topics the working group deems relevant.

(3) The working group may consult with additional stakeholders and experts as needed to inform the working group's discussions and to answer questions to assist the working group in finalizing its findings and recommendations.

(4) The working group must include individuals with legal expertise regarding 42 CFR 2, or successor federal regulations, and HIPAA; a representative from the BHA; a representative of a health information organization network; a representative of a hospital; licensed behavioral health providers, including behavioral health safety net providers; substance use providers; representatives of consumer advocacy organizations; representatives of disability advocacy organizations; and any other individuals that the office of e-health innovation determines are necessary.

(5) Beginning September 1, 2024, the working group shall meet at least once in each quarter of the calendar year to develop the report created pursuant to subsection (6) of this section.

(6) (a) On or before January 1, 2026, the working group shall submit a report including recommendations regarding the feasibility of creating a centralized digital consent repository to the house of representatives health and human services committee, the senate health and human services committee, and the joint technology committee, or their successor committees.

(b) The office of e-health innovation shall make the report available to the public on the office's website.

(7) This section is repealed, effective September 1, 2026.