Health Care Vision 2020
WMHIE

Legal Work Group
 Charter

DRAFT

Chairs:  TBD

Purpose:  In order for health data exchange and Health Information Technology (HIT) to be successful, consumers must trust that their health information will be kept confidential and secure.  Thus there is a critical need to review federal and state laws affecting health data exchange and HIT, particularly related to confidentiality, use, and disclosure of health information, and to anticipate new issues that may arise through health data exchange and HIT across multiple environments. 

Reports To:  HCV 2020 Governance Board 

Charge: 

• Review MiHIN Conduit to Care report findings and recommendations
• Review state and Michigan Health Information Security & Privacy Collaborative (HISPC) recommendations
• Understand legal barriers regarding health data exchange and proposed solutions for dealing with them
• Determine requirements for data sharing agreements
• Understand and research regulatory issues regarding health data exchange and HIT
• Identify examples of best practices from other regions that can be applied to a variety of health care environments, that comply with HIPAA, and that represent consumer interests

• Identify specific legal actions required for the first processes, as identified by the Clinical Workgroup, including whether statutory or regulatory amendments are needed
• Document real and perceived legal barriers that could dramatically hinder health data exchange and HIT for different purposes, including for treatment, payment functions, quality improvement, public health and research
• Review barriers identified by the RTI NGA project and identify those that pertain to processes identified in the Clinical Workgroup.
• Identify practical strategies and solutions (not technical) for developing health data exchange that will ensure the secure and confidential transmission of medical information

• Coordinate with and give input to the Performance Measure, Public Reporting, Quality, Consumer Engagement, Clinical, Technical, Financial work groups  and Governance Board
• Present findings, analysis and recommendations at appropriate Governance Board meetings

Expectations of work group members: 

• Duration of committee appointment—a 1, 2, or 3-year term of appointment; maximum of 3 terms.
• Attendance at work group meetings—will meet as needed, with meeting frequency expected to range from bi-weekly to monthly.  Three successive absences constitute resignation.
• Additional work

Membership 

• 12-16 members

• To be selected so as to achieve appropriate balance/diversity on gender, race/ethnicity, and geography, such as
  • Organized labor
  • Religious group/association representative
  • Employers
  • Rural perspective, e.g., northeast portion of the region
  • Public health dept representative