[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1154
To amend title 38, United States Code, to establish an advisory
committee on the implementation by the Department of Veterans Affairs
of an electronic health record.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2019
Mr. Tester (for himself and Mrs. Blackburn) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish an advisory
committee on the implementation by the Department of Veterans Affairs
of an electronic health record.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Electronic Health Record Advisory Committee Act''.
SEC. 2. ESTABLISHMENT OF ADVISORY COMMITTEE ON IMPLEMENTATION OF
ELECTRONIC HEALTH RECORD.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330D. Electronic Health Record Advisory Committee
``(a) Establishment.--Not later than 180 days after the date of the
enactment of this section, the Secretary shall establish the Electronic
Health Record Advisory Committee (referred to in this section as the
`Committee') to provide guidance to the Secretary and Congress
regarding the implementation of and transition to an electronic health
record system of the Department.
``(b) Membership.--(1) The Committee shall be composed of 11
members appointed by the Secretary as follows:
``(A) One physician.
``(B) One nurse.
``(C) One individual with expertise in clinical support.
``(D) One individual with expertise in medical business and
administration who is or was in an executive management
position at an organization that provides inpatient and
outpatient care.
``(E) Two information technology developers.
``(F) Two individuals with expertise in health care
information technology change management.
``(G) One interoperability specialist.
``(H) Two individuals who are members of a veterans service
organization and are enrolled in the system of annual patient
enrollment of the Department established and operated under
section 1705 of this title.
``(2) No member of the Committee may--
``(A) be an employee of the Federal Government;
``(B) have worked during the two-year period before joining
the Committee for any company contracted or subcontracted to
the Department, the Department of Defense, the Department of
State, the Department of Health and Human Services, or the
Department of Homeland Security for the delivery of any
electronic health record or interoperability software; or
``(C) have provided during the two-year period before
joining the Committee any consulting or project management
services relating to the delivery of any electronic health
record or interoperability software for any of the Federal
agencies specified in subparagraph (B).
``(3) No individual who was involved in the procurement of an
electronic health record for the Department, or privy to contract
information relating to such procurement, may be a member of the
Committee.
``(4)(A) A term for a member of the Committee shall be two years
and a member may not serve more than three consecutive terms.
``(B) Initial members, at the election of the Secretary, may be
appointed for one or two terms, with six members appointed for two
terms and five members appointed for one term.
``(C) Any vacancy in the Committee shall be filled by the Secretary
in the same manner as the original appointment and not later than 180
days after the occurrence of the vacancy.
``(c) Chairperson and Vice Chairperson.--The Committee shall select
a Chairperson and Vice Chairperson from among the members of the
Committee.
``(d) Duties.--The Committee shall carry out the following duties:
``(1) Analyze the priorities and plans of the Department
for implementing the electronic health record of the Department
and provide advice on the best strategies to achieve those
priorities and plans.
``(2) Conduct a risk identification analysis and develop
recommendations to best mitigate the most prominent risks.
``(3) Conduct periodic, informal evaluations of the
implementation of the electronic health record and suggest
recommendations for such implementation.
``(4) Tour facilities of the Department as those facilities
begin use of the electronic health record to analyze
implementation, including soliciting feedback from employees of
the Department.
``(5) Ensure the voices of stakeholders, veterans, and
other participants in the transition process to the electronic
health record are elevated.
``(e) Initial Meeting.--(1) Not later than 90 days after the
establishment of the Committee, the Committee shall hold the initial
meeting of the Committee.
``(2) The initial meeting under paragraph (1) may be conducted
either in person or via telephone conference.
``(f) Meetings, Hearings, and Subcommittees.--(1) After the initial
meeting under subsection (e), the Committee shall meet at the call of
the Chairperson, not less frequently than monthly. Each such meeting
may be conducted via telephone conference.
``(2) The Committee shall meet with the Secretary in person, or a
designee of the Secretary, not less frequently than twice each year.
``(3) A majority of the members of the Committee shall constitute a
quorum, but a lesser number of members may hold hearings.
``(4)(A) The Committee may establish subcommittees that report to
the Committee to enhance the function of the Committee.
``(B) Any subcommittee established under subparagraph (A) may not
supersede the authority of the Committee or provide direct advice or
work products to the Department.
``(C) The Inspector General of the Department and the Comptroller
General of the United States, or a designee of the Inspector General
and the Comptroller General, may attend any meeting of the Committee as
observers, including the initial meeting under subsection (e),
regardless of whether the meeting is open to the public.
``(g) Reports.--(1) The Committee shall submit to the Secretary,
the Committee on Veterans' Affairs of the Senate, and the Committee on
Veterans' Affairs of the House of Representatives an annual report on
the activities of the Committee during the year covered by the report
that includes recommendations for activities of the Committee during
the following year.
``(2) Not later than 90 days after receiving the report submitted
under paragraph (1), the Secretary shall submit to the Committee, the
Committee on Veterans' Affairs of the Senate, and the Committee on
Veterans' Affairs of the House of Representatives a written response
addressing any recommendations or questions raised by the Committee in
such report.
``(3) Not less frequently than twice each year during the first two
years following the establishment of the Committee, and as the
Committee determines necessary thereafter, the Committee shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives such
recommendations for legislative or administrative actions relating to
the work of the Committee as the Committee considers appropriate.
``(h) Pay and Reimbursement for Travel Expenses.--(1) Members of
the Committee shall serve without pay.
``(2) A member of the Committee shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their home or regular places of
business in the performance of services for the Committee.
``(i) Information From Contractors.--On and after the date of the
enactment of this section, the Secretary shall include in any contract
or contract renewal entered into with a person working on the
electronic health record of the Department that is not part of the
Federal Government a provision requiring that the person provide to the
Committee, upon request by the Committee, records relating to the work
of the person on the electronic health record.
``(j) Veterans Service Organization Defined.--In this section, the
term `veterans service organization' means an organization recognized
by the Secretary for the representation of veterans under section 5902
of title 38, United States Code.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330C the following new item:
``7330D. Electronic Health Record Advisory Committee.''.
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