Transitioning From Paper to Digital: State Statutory and Regulatory Frameworks for Health Information Technology

Area of Science:

• Health Law
• Health Information Technology
• Public Health Policy

Background:

• Electronic health information (EHI) is integral to all healthcare sectors, involving creation, use, release, and reuse.
• Understanding the legal framework governing EHI is crucial for healthcare operations and innovation.

Purpose of the Study:

• To analyze the legal landscape of electronic health information (EHI) uses across US states and territories.
• To provide a comprehensive overview of state-level EHI regulations and their implications.

Main Methods:

• Attorney researchers conducted a comprehensive search of EHI-related statutes and regulations in all US states, territories, and the District of Columbia as of January 2014.
• Laws were systematically cataloged by EHI use, with discrepancies resolved through peer review to establish consensus codes.

Main Results:

• A total of 2364 EHI-related laws were identified, covering 49 distinct EHI uses across 54 jurisdictions.
• While 18 EHI uses were regulated by at least 10 jurisdictions, the number of EHI laws varied significantly, with Texas having the most (145) and Hawaii/South Carolina the fewest (14).
• Over 750 laws addressed multiple EHI uses, indicating a complex and overlapping regulatory environment.

Conclusions:

• The electronic health information (EHI) legal landscape is characterized by significant complexity due to the sheer volume and diversity of laws.
• This complexity may impede the implementation of public health initiatives and potentially hinder the advancement of emerging health information technologies.
• Further research is necessary to ascertain the precise impact of these numerous EHI-related laws.