(a) For purposes of this section:

(1) “Bidirectional connectivity” means the ability of a hospital’s electronic health record system to electronically send and receive electronic health records;

(2) “Electronic health record” means any computerized, digital or other electronic record of individual health-related information that is created, held, managed or consulted by a health care provider and may include, but need not be limited to, continuity of care documents, admission, discharge or transfer records, and other information or data relating to a patient’s medical history or treatment, including, but not limited to, demographics, medication, allergies, immunizations, laboratory test results, radiology or other diagnostic images, vital signs and statistics;

(3) “Electronic health record system” means a computer-based information system that is used to create, collect, store, manipulate, share, exchange or make available electronic health records for the purpose of the delivery of patient care;

(4) “Health care provider” means any individual, corporation, facility or institution licensed by the state to provide health care services;

(5) “Hospital” has the same meaning as in section 19a-490d; and

(6) “Secure exchange” means the exchange of patient electronic health records between a hospital and a health care provider in a manner that complies with all state and federal privacy requirements, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time.

(b) Each hospital licensed under chapter 368v shall, to the fullest extent practicable (1) use its electronic health records system to enable bidirectional connectivity and provide for the secure exchange of patient electronic health records between the hospital and any other health care provider who maintains an electronic health records system capable of exchanging such records and provides health care services to a patient whose records are the subject of the exchange, and (2) send or receive an electronic health record in accordance with the provisions of this subsection upon the request of a patient or, with the consent and authorization of the patient, a patient’s health care provider, provided the transfer or receipt of the electronic health record constitutes a secure exchange and does not violate any state or federal law or regulation or constitute an identifiable and legitimate security or privacy risk. If the hospital has reason to believe that the transfer of an electronic health record under subdivision (2) of this subsection would violate a state or federal law or regulation or constitute an identifiable and legitimate security or privacy risk, the hospital shall notify the patient or health care provider who made the request.

(c) The requirements of this section apply to electronic health records that include, but are not limited to: (1) Laboratory and diagnostic tests; (2) radiological and other diagnostic imaging; (3) continuity of care documents; and (4) admission, discharge or transfer documents.

(d) Each hospital shall implement the use of any hardware, software, bandwidth or program functions or settings already purchased or available to it to support the secure exchange of electronic health records and information as described in subsections (b) and (c) of this section.

(e) Nothing in this section shall be construed as requiring a hospital to pay for, install, construct or build any new or additional information technology, equipment, hardware or software, including interfaces, where such additional items are necessary to enable such exchange.

(f) The failure of a hospital to take all reasonable steps to comply with this section shall constitute evidence of health information blocking pursuant to section 19a-904d.

(g) A hospital that connects to, and actively participates in, the State-wide Health Information Exchange, established pursuant to section 17b-59d shall be deemed to have satisfied the requirements of this section.

(P.A. 15-146, S. 24; P.A. 17-241, S. 4.)

History: P.A. 17-241 amended Subsec. (a) by adding new Subdiv. (1) defining “bidirectional connectivity”, redesignating existing Subdiv. (1) as Subdiv. (2) and amending same by redefining “electronic health record”, redesignating existing Subdivs. (2) and (3) as Subdivs. (3) and (4), adding new Subdiv. (5) defining “hospital” and redesignating existing Subdiv. (4) as Subdiv. (6), amended Subsec. (b) by designating existing provisions re use of electronic health records system as new Subdiv. (1), deleting former Subdiv. (1) and (2) designators, adding new Subdiv. (2) re sending or receiving electronic health record, redesignating provisions re application of requirements of section as new Subsec. (c), and amending same by adding reference to electronic health records, redesignating Subparas. (A) to (D) as Subdivs. (1) to (4), amending redesignated Subdiv. (4) by adding “admission” and replacing “notifications and” with “or transfer”, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), amended redesignated Subsec. (e) by adding “, install, construct or build”, and made technical and conforming changes.