What This Bill Does
This bill stops the Department of Veterans Affairs from starting the Electronic Health Record Modernization Program at new facilities until the agency proves the system works reliably. The bill also requires the agency to certify that individual facilities are ready before the system gets turned on there.
Who It Affects
The Department of Veterans Affairs, the Veterans Health Administration, the Committee on Veterans' Affairs in the Senate, the Committee on Veterans' Affairs in the House of Representatives, and Veterans Health Administration facilities that have not yet started the Electronic Health Record Modernization Program.
Key Provisions
- The Secretary of Veterans Affairs cannot start program activities at new facilities until submitting written proof to both Congressional Veterans' Affairs committees that the electronic health record system meets a minimum uptime and system-wide stability standard, defined by the Secretary working with other VA officials (Sec. 2(a)(1))
- The Secretary must submit a report to both Congressional Veterans' Affairs committees showing the completion status of fixes to the system's workflow designs (Sec. 2(a)(2)(B))
- Before turning on the system at a new facility, the Under Secretary for Health must certify in writing to the Secretary and Congress that the facility's staff and buildings are ready to use the system (Sec. 2(b)(1))
- The Secretary must submit an initial report within 30 days of the bill becoming law covering Department of Defense systems, facility readiness checklists, staff training requirements, and national standards for how the system should work (Sec. 2(d)(1))
- The Secretary must submit detailed quarterly reports afterward describing any facility-level changes to the national standards and any changes to readiness requirements (Sec. 2(d)(2))
What Changes
If this becomes law, the Veterans Affairs department cannot move forward with Electronic Health Record Modernization at new facilities until proving system stability and completing required reports to Congress. The agency must also get facility-level certifications of readiness before implementation at each location.
Important Definitions
Electronic health record system: The system being put in place through the Electronic Health Record Modernization Program.
Program activity: Any work related to the Electronic Health Record Modernization Program at a Veterans Health Administration facility, including site assessments, state reviews, workshops, training, testing, or other activities done before the system turns on.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1037
To prohibit the Secretary of Veterans Affairs from carrying out certain
activities under the Electronic Health Record Modernization Program
until certification of system stability improvements.
IN THE SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. MORAN (for himself, Mr. BOOZMAN, Mr. CASSIDY, Mr. ROUNDS, Mr.
TILLIS, Mrs. BLACKBURN, Mr. CRAMER, Mr. TUBERVILLE, Mr. RISCH,
Mr. CRAPO, Mr. DAINES, Mr. BRAUN, and Mr. SULLIVAN) introduced the
following bill; which was read twice and referred to the Committee on
Veterans’ Affairs
A BILL
To prohibit the Secretary of Veterans Affairs from carrying
out certain activities under the Electronic Health Record
Modernization Program until certification of system sta-
bility improvements.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Department of Vet-
4
erans Affairs EHRM Standardization and Accountability
5
Act’’.
6
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•S 1037 IS
SEC. 2. PROHIBITION ON CERTAIN ACTIVITIES BY SEC-
1
RETARY
OF
VETERANS
AFFAIRS
UNDER
2
ELECTRONIC HEALTH RECORD MODERNIZA-
3
TION PROGRAM UNTIL CERTIFICATION OF
4
SYSTEM STABILITY IMPROVEMENTS.
5
(a) CERTIFICATION OF IMPROVEMENT.—
6
(1) PROHIBITION.—The Secretary of Veterans
7
Affairs may not commence a program activity at a
8
facility of the Veterans Health Administration where
9
no program activity has commenced as of the date
10
of the enactment of this Act until the date on which
11
the Secretary submits to the Committee on Vet-
12
erans’ Affairs of the Senate and the Committee on
13
Veterans’ Affairs of the House of Representatives a
14
written certification that the electronic health record
15
system has met the improvement objective described
16
in paragraph (2).
17
(2) IMPROVEMENT OBJECTIVE.—The improve-
18
ment objective described in this paragraph is—
19
(A) the achievement of a minimum uptime
20
and system-wide stability standard for the elec-
21
tronic health record system, as defined by the
22
Secretary in consultation with the Under Sec-
23
retary for Health, the Assistant Secretary for
24
Information and Technology, and the Chief In-
25
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•S 1037 IS
formation Officer of the Department of Vet-
1
erans Affairs; and
2
(B) the submittal by the Secretary to the
3
Committee on Veterans’ Affairs of the Senate
4
and the Committee on Veterans’ Affairs of the
5
House of Representatives of a report detailing
6
the completion status of corrections to the
7
customization and configuration of workflow de-
8
signs related to the electronic health record sys-
9
tem.
10
(b) CERTIFICATION OF READINESS.—
11
(1) IN GENERAL.—The Secretary may not im-
12
plement the electronic health record system at a fa-
13
cility of the Veterans Health Administration where
14
such system has not been implemented as of the
15
date of the enactment of this Act until the date on
16
which the Under Secretary for Health, in consulta-
17
tion with the director of such facility, submits to the
18
Secretary, and the Secretary transmits to the Com-
19
mittee on Veterans’ Affairs of the Senate and the
20
Committee on Veterans’ Affairs of the House of
21
Representatives, written certification that the staff
22
and infrastructure of such facility are adequately
23
prepared to receive such system.
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•S 1037 IS
(2) SUNSET.—This subsection shall terminate
1
on the date on which the Secretary has made the
2
certification under paragraph (1) at not less than
3
one facility of the Veterans Health Administration
4
for each of the complexity levels of 1, 2, and 3.
5
(c) EXCLUSION.—This section does not apply to any
6
facility that is jointly operated by the Department of Vet-
7
erans Affairs and the Department of Defense.
8
(d) REPORT.—
9
(1) INITIAL REPORT.—Not later than 30 days
10
after the date of the enactment of this Act, the Sec-
11
retary shall submit to the Committee on Veterans’
12
Affairs of the Senate and the Committee on Vet-
13
erans’ Affairs of the House of Representatives a re-
14
port that contains the following:
15
(A) A comprehensive review of the systems
16
and networks of the Department of Defense
17
within the Federal electronic health record envi-
18
ronment, including the Defense Enrollment Eli-
19
gibility Reporting System, and the potential im-
20
pacts of such systems and networks on the elec-
21
tronic health record system.
22
(B) With respect to certifications of the
23
readiness of a facility to receive the electronic
24
health record system under subsection (b)—
25
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•S 1037 IS
(i) the single, standard pre-deploy-
1
ment site readiness task list through which
2
the Secretary will determine such readi-
3
ness;
4
(ii) a determination by the Secretary
5
of—
6
(I) how the Secretary will align
7
staff of the facility to the electronic
8
health record system functionality;
9
and
10
(II) the minimum percentage re-
11
quirement of staff at the facility who
12
will
complete
training
on
such
13
functionality or who will have their
14
primary role to be working with such
15
system to achieve such readiness.
16
(C) The national standard for workflows,
17
system interfaces, medical devices, clinical con-
18
tent, order sets, and user roles as delineated by
19
the clinical complexity index of the Department
20
of Veterans Affairs for—
21
(i) facilities at complexity levels of 2
22
or 3; and
23
(ii) facilities at complexity levels of 1.
24
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•S 1037 IS
(2) QUARTERLY REPORT.—Not less frequently
1
than quarterly following the initial report required
2
under paragraph (1), the Secretary shall submit to
3
the Committee on Veterans’ Affairs of the Senate
4
and the Committee on Veterans’ Affairs of the
5
House of Representatives a detailed report on—
6
(A) any site level deviations from the na-
7
tional standard specified under paragraph
8
(1)(C) and costs associated with such devi-
9
ations; and
10
(B) any changes to standard readiness
11
task list specified under paragraph (1)(B)(i).
12
(e) DEFINITIONS.—In this section:
13
(1) ELECTRONIC HEALTH RECORD SYSTEM.—
14
The term ‘‘electronic health record system’’ means
15
the electronic health record system implemented pur-
16
suant to the Electronic Health Record Moderniza-
17
tion Program.
18
(2) PROGRAM ACTIVITY.—The term ‘‘program
19
activity’’ means an activity under the Electronic
20
Health Record Modernization Program at a facility
21
of the Veterans Health Administration, including
22
any site assessment (including State reviews), local
23
or national workshop, training, testing, or any other
24
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•S 1037 IS
activity conducted before the activation of the elec-
1
tronic health record system.
2
Æ
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