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Key Votes

HB 5 - Electronic Medical Records - Key Vote

New Mexico Key Votes

Lynda Lovejoy voted Yea (Passage With Amendment) on this Legislation.

Read statements Lynda Lovejoy made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Conference Report Adopted (House) -
Legislation - Concurrence Vote Failed (House) (-) -
Legislation - Bill Passed With Amendment (Senate) (31-7) - (Key vote)

Title: Electronic Medical Records

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that requires health care providers to create, maintain, and use electronic medical records, and provides physicians with an income tax credit equal to the cost of the equipment, software, and licenses necessary for implementation.

Highlights:
- Establishes that an electronic medical record or signature, for legal purposes, is equal to a hand written medical record or signature (Sec. 4). - Mandates that using and disclosing electronic medical records must be in compliance with state and federal law, and not without the written consent of the individual [sec. 6 (A)]. - Authorizes the disclosure of an individual's electronic medical record to a provider if the individual is facing an imminent threat of death or requires immediate medical attention [sec. 6 (G)]. - Permits health care providers, institutions, and group purchasers to provide demographic information contained in medical records to a record locator service if the request is for the treatment of the individual, and is permitted by the individuals written authorization or otherwise permitted by state or federal law [sec. 6 (F)]. - Allows for the disclosure of an individual's electronic medical record to persons that use non-patient-specific information for the purposes of research or for improvement of the general public health that is approved by a medical review board, provided that the information disclosed cannot specifically identify an individual [sec. 6 (H)]. - Requires a health information exchange to maintain an audit log for each person obtaining access to information in the record locator database, including the identity of the obtainer, the identity of the person whose information was obtained, the specific information obtained, and when it was obtained [sec. 6 (C)]. - Caps the income tax credit at $5,000, and limits the number of times a physician may claim this credit at four succeeding taxable years [sec. 10 (B)]. - This is a substitute bill sponsored by the House Judiciary Committee.
See The Voting Record

Legislation - Bill Passed (House) (35-29) - (Key vote)

Title: Electronic Medical Records

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that requires health care providers to create, maintain, and use electronic medical records.

Highlights:
- Establishes that an electronic medical record or signature, for legal purposes, is equal to a hand written medical record or signature (Sec. 4). - Mandates that using and disclosing electronic medical records must be in compliance with state and federal law, and not without the written consent of the individual [sec. 6 (A)]. - Authorizes the disclosure of an individual's electronic medical record to a provider if the individual is facing an imminent threat of death or requires immediate medical attention [sec. 6 (G)]. - Permits health care providers, institutions, and group purchasers to provide demographic information contained in medical records to a record locator service if the request is for the treatment of the individual, and is permitted by the individuals written authorization or otherwise permitted by state or federal law [sec. 6 (F)]. - Allows for the disclosure of an individual's electronic medical record to persons that use non-patient-specific information for the purposes of research or for improvement of the general public health that is approved by a medical review board, provided that the information disclosed cannot specifically identify an individual [sec. 6 (H)]. - Requires a health information exchange to maintain an audit log for each person obtaining access to information in the record locator database, including the identity of the obtainer, the identity of the person whose information was obtained, the specific information obtained, and when it was obtained [sec. 6 (C)]. - This is a substitute bill sponsored by the House Judiciary Committee.
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

See The Voting Record

Legislation - Introduced (House) -

Title: Electronic Medical Records

Sponsors

  • Peter Wirth (NM - D) (Out Of Office)
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