The Problem

Due to a variety of legal and market-based barriers, exchange of clinical health information between providers either does not occur or occurs in a manner that does not allow for meaningful use of data to support optimal patient care.

The Road Map

The road map was developed to help states evaluate and implement changes to achieve better health, better care and lower costs by increasing the flow of clinical health care information between health care providers, while protecting patient privacy, as a step toward nationwide interoperability.

Exchange of clinical health information either does not occur or occurs in a manner that does not allow for meaningful use of data to support optimal patient care

Steps States Can Take to Increase Information Flow Between Health Care Providers

State Strategies to Address Legal and Market Barriers
and Increase Information Flow Between Health Care Providers

State Strategies to Address Legal Barriers

Fully Align State Privacy Laws With HIPAA
Pass a law that supersedes all more restrictive state privacy laws to allow providers and hospitals to exchange information in accordance with HIPAA.
Partially Align State Privacy Laws With HIPAA
Amend select statutes to allow certain types of information, such as information exchanged electronically, to be exchanged in accordance with HIPAA.
Create Standardized Consent Forms
Create a standardized consent form that provides a “one stop” approach to gaining patient permission for sharing information.
State Guidance and Education
Issue guidance and provide education to providers about how to comply with state and federal law, including clarifying legal intent and addressing common misconceptions.

State Strategies to Address Market Barriers

Create Meaningful Economic Interests That Encourage Exchange of Health Information
Create or adjust payments to incentivize exchange of health information or penalize lack of exchange.
Use Legislative, Regulatory and Contracting Authority to Bolster Exchange of Information
Pass laws or issue regulations that expressly prohibit information blocking or require information exchange.
Set the Vision and Hold People Accountable
Set statewide vision for interoperable exchange of health information and use bully pulpit to elevate best practices and place pressure on those lagging behind.
Serve as Convener
Bring key stakeholders to the table to work together toward interoperable exchange of health information.