June 2, 2011
ILHIE Behavioral Health Work Group Members (by phone):
- Attendees (all by phone)
- Connie Christen, Department of Healthcare and Family Services (HFS)
- Mark Chudzinski, Office of Health Information Technology (OHIT)
- Amanda Fraerman, OHIT
- Kathye Gorosh, New Age Services Corporation
- Jim Hobbs, Department of Human Services (DHS)
- Marvin Lindsey, Community Behavioral Health Association of Illinois
- Mike Ouska, Lutheran Social Services of Illinois
- Jay Ready, Chicago Lawyer's Committee for Civil Rights & Healthcare Consortium of Illinois
- Meryl Sosa, Illinois Psychiatric Society
- Nate Inglis Steinfeld, Chicago Lawyer's Committee for Civil Rights & Healthcare Consortium of Illinois
- Embassie Susberry, Chicago Lawyer's Committee for Civil Rights & Healthcare Consortium of Illinois
- Daniel Szewczyk, OHIT
Welcome and Review of Minutes
After introductions the minutes from the May 4, 2011, meeting were reviewed and approved by the work group with minor changes from Mike Ouska.
Update on OHIT Activities and Legal Work Groups
Jay Readey inquired about recommendations made by this, and other Work Groups, and to whom will those recommendations be meaningful to.
Mark Chudzinski responded that ten Work Groups, primarily consisting of attorney's, were set up to review current Illinois law, both as reflected in statute and regulations, to determine whether Illinois law presents a challenge to the development and implementation of a Health Information Exchange (HIE), at the state and local levels, when they exchange information across their corporate boundaries. The challenges of Illinois law are really to address specially protected groups of information such as HIV/AIDS, genetic testing, substance abuse and behavioral health. The ten groups are focused on particular small aspects, and are currently developing white papers, which will identify what some of the problems under Illinois law are, and how those problems can be addressed. These changes may be done by amending current Illinois law by the General Assembly, or by the passage of regulations by the Illinois HIE Authority Board.
The process currently in place has the subject matter experts looking into the issues, and trying to inform the debate, by telling us what the legal problems are. The next step in the process is to open up the recommendations that the work groups are developing with a broader stakeholder group. For example, the recommendations developed by the substance abuse and behavioral health legal groups will be shared with stakeholders including this work group to provide input.
If and when the Illinois HIE Authority Board considers adopting regulations, there is a process provided under Illinois law by the Administrative Procedures Act where hearings will be called and information gathered from the new HIE Advisory Committee and the general public. If hearings are held, then a proposal will be presented to the General Assembly that hopefully has the relevant buy in from stakeholders.
Marvin Lindsey added that when the IL HIE Advisory Committee was formed, there was no representation for behavioral health providers. OHIT contacted Marvin who became a member of the committee, and the Work Group was formed a short time later.
Mark Chudzinski updated the group, saying that the OHIT will be issuing a Request for Proposal regarding the purchase of cloud-based services, which will constitute the state level HIE. The document will be posted on the Illinois Procurement Web site and the Office of Health Information Technology Web site. It will contain a lot of information about the architecture of the state level HIE.
Mark reported that SB539 still has only seven (7) sponsors and hasn't gotten very far in the Senate.
SAMHSA-Sponsored 2011 HIT Regional Forum
Marvin Lindsey will attend the SAMHSA event in Austin, Texas, which will address Behavioral Health Information Technology adoption, and the HIE. Other topics to be discussed at the event include standard development of initiative grants, initiative training, technical assistance and electronic health records scan review, and other similar topics. There will be several federal agencies doing presentations at the event and Marvin will report back to the work group any new information he learns.
SB 1234 Update
Marvin updated the group saying that SB1234, passed both houses on May 27, 2011, and is now with the Governor for his approval. SB1234, is an amendment to the Mental Health and Developmental Disabilities Confidentiality Act. For recipients in a program administered or operated by the Department of Healthcare and Family Services (HFS) or the Department of Human Services (DHS), records of recipients may be disclosed to other healthcare providers without consent by county jails, hospitals, insurance companies, integrated health systems and state agencies. It will be important to the legal Behavioral Health Work Group to see how this bill applies to behavioral health and substance abuse. Meryl Sosa commented that the Illinois Psychiatric Society helped develop the bill with the DHS. Mark Chudzinski said that the legal taskforce will suggest additional changes to the bill in the fall.
Discussion on Consent Survey Recommendations
Marvin said that the group may want to include issues involved from various scenarios that we should recommend to OHIT. The first five recommendations for the consent survey deal with some behavioral health consent release of information. Mike Ouska suggested that the group say that the level of knowledge in some respondents was not good, but if they are surveyed again in six months, their knowledge of HIE will have increased. Instead of recommending opt in or granularity consent, recommend that we will continue to monitor. Mike, Marvin and Jim Hobbs will review the recommendations and circulate to the group.
The Work Group decided not to meet in July, since so many would be on vacation. The next meeting is scheduled on August 4, 2011, from 3 p.m. until 4 p.m.