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

SPONSOR Beffort

ORIGINAL DATE

LAST UPDATED

02/07/07

03/08/07 HB

SHORT TITLE Health Information Technology

SB 538/aSPAC/aHCPAC

ANALYST Geisler

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI.

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates: HB 428

Relates to: HB 427/SB 456

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

Chief Information Officer (CIO)

SUMMARY

Synopsis of HCPAC Amendments

The House Consumer and Public Affairs Committee amendment to Senate Bill 538, as amended,

strikes “when distance separates the patient and the health care provider" from the definition of

telehealth.

Synopsis of SPAC Amendments

The Senate Public Affairs Committee (SPAC) amendments to SB 538 address CIO concerns by

striking “standards" from lines 1 and 7 from 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

established by the state chief information officer.

Synopsis of Original Bill

Senate Bill 538 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

Senate Bill 538/aSPAC/aHCPAC – Page

2

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

commission. SB 538 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.

SB 538 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

Senate Bill 538 is duplicated by HB 428. 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/mt