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F I S C A L I M P A C T R E P O R T

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ORIGINAL DATE

LAST UPDATED

02/07/07

02/26/07 HB 428/aHHGAC/aHFL#1

SHORT TITLE Health Information Technology

SB

ANALYST Geisler

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB 538

Relates to HB 427 and SB 456

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Chief Information Officer (CIO)

SUMMARY

Synopsis of House Floor Amendment

The House Floor amendment to House Bill 428 strikes “when distance separates the patient and

the health care provider" from the definition of telehealth.

Synopsis of HHGAC Amendments

The Health and Government Affairs Committee amendments to HB 428 address CIO concerns

by striking “standards" from lines 1 and 7 on page 6. As the bill now reads the New Mexico

Telehealth and Health Information Technology Commission shall provide telehealth and health

information technology guidance. Information technology related standards would continue to

be established by the state chief information officer.

Synopsis of Original Bill

House Bill 428 would amend the New Mexico Telehealth Act to change the name to the “New

Mexico Telehealth and Health Information Technology Commission Act" and also change the

House Bill 428/aHHGAC/aHFL#1 – Page

2

name of the telehealth commission to the telehealth and health information technology

commission. HB 428 would also add a new category of health information technology industry

from which the commission membership is to be chosen and expand the focus of the Telehealth

Commission to include health information technology.

The bill defines health information technology as products, devices or systems that allow for the

secure collection, storage, exchange or management of patient information.

FISCAL IMPLICATIONS

None noted.

SIGNIFICANT ISSUES

The CIO provides:

The powers and duties of the New Mexico Telehealth and Health Information Technology

Commission as defined in this bill may be in conflict with some powers and duties of the

Information Technology Commission established by the Information Technology Management

Act (ITMA) [Chapter 15, Article 1C NMSA 1978]. The ITMA defines 1) information

technology as computer and voice and data communication software and hardware, including

imaging systems, terminals and communications networks and facilities, staff information

systems services and professional services contracts for information systems services and 2)

information technology project as the purchase, replacement, development or modification of a

hardware or software system.

HB 428 gives the Telehealth and Information Technology Commission statutory duties to 1)

develop and distribute telehealth and health information technology standards and guidelines to

ensure appropriate use of technology and protection of privacy and confidentiality and 2) review

and comment on initiatives or projects to ensure telehealth and health information technology

standards and guidelines are met. The reporting structure of this commission is unclear.

The existing Information Technology Commission 1) adopts and promulgates rules to delineate

the state information architecture 2) ensures that multi-agency information technology projects

are appropriately designed and developed and 3) establishes rules and guidelines to ensure that

information technology projects satisfy criteria established by the commission.

DUPLICATION AND RELATIONSHIP

House Bill 428 is duplicated by SB 538. HB 427/SB 456 amend the NM telehealth act and

expand the types of providers and sites for telehealth services.

AMENDMENTS

The CIO suggest amending the statute to delete all references to standards. The language would

then allow the New Mexico Telehealth and Health Information Technology Commission to

provide telehealth and health information technology guidance and leave standard setting to the

Information Technology Commission.

GG/sb