Dossia, Microsoft HealthVault & Google Health:
Illegal in NJ?

June 7, 2009 · Filed Under ethics, general, hc's problem list, medical records, news & gossip, policy issues · 15 Comments

In the last few days the announcement of a proposed NJ state law has made the Internet rounds.

“· On or after January 1, 2011, no person or entity is permitted to sell, offer for sale, give, furnish, or otherwise distribute to any person or entity in this State a health information technology product that has not been certified by CCHIT. A person or entity that violates this provision is liable to a civil penalty of not less than $1,000 for the first violation, not less than $2,500 for the second violation, and $5,000 for the third and each subsequent violation, to be collected pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

· The bill defines “health information technology product” to mean a system, program, application, or other product that is based upon technology which is used to electronically collect, store, retrieve, and transfer clinical, administrative, and financial health information.”

Based on this definition any electronic transmission of health data must be done through a CCHIT-accredited system. It certainly does not exclude tethered or untethered PHRs. Since CCHIT has not even started looking into the certification of PHRs in general it is highly doubtful it would be able to succeed in their accreditation by 2011. And so, will every NJ user of HealthVault, Google Health or Dossia incur a $5,000 fine? Interesting question.

Tags: Accreditation, Array, Assemblyman, Cchit, Certific, Consumer Affairs, Dossia, Electronic Transmission, Few Days, Financial Health, Furtherance, Google, Health Care Profession, Health Care Professional, Health Data, Health Information Technology, Herb Conaway, Image Problem, Information Technology Product, Information Technology Products, Internet Rounds, January 1, Law Of Unintended Consequences, Licensing Board, microsoft, Monopoly, Paragraph, Phrs, Professional Practice, Program Application, Provision, Public Safety, Section 8, Seq, Services Committee, State Assembly, State Assemblyman, State Monopoly, State Senator, Subparagraph, Subsection