                                 CODE OF VIRGINIA

SMARTCHART NETWORK PROGRAM ESTABLISHED; PURPOSE (§ 32.1-372)

A. The Smartchart Network Program (the Program) is hereby created to provide a
single, statewide technology solution that connects all health care providers,
insurance carriers, and other organizations with a treatment, payment, or
operations relationship with a patient in the Commonwealth to facilitate
real-time communication and collaboration and improve the quality of patient
care services.

B. The Commissioner shall ensure that the Program:

   1. Receives real-time patient visit information from, and shares such
   information with, every hospital in the Commonwealth through integrations that
   enable receiving information from and delivering information into electronic
   health records systems utilized by such hospitals;

   2. Requires that all participants in the Program share patient information and
   have fully executed health care data exchange contracts to ensure the secure
   and reliable exchange of patient information in compliance with the patient
   privacy and security requirements of applicable state and federal laws and
   regulations, including the Health Insurance Portability and Accountability Act
   (42 U.S.C. &#xA7; 1320d et seq.);

   3. Enables health care providers, health care entities, and insurance carriers
   to access information necessary to evaluate and monitor the care and treatment
   of a patient in accordance with the patient privacy and security requirements
   of applicable state and federal laws and regulations, including the Health
   Insurance Portability and Accountability Act (42 U.S.C. &#xA7; 1320d et seq.);

   4. Allows health care providers in the Commonwealth to receive real-time
   alerts triggered by analytics to identify patient-specific risks, to create
   and share care coordination plans and other care recommendations, and to
   access other clinically beneficial information related to patients receiving
   health care services in the Commonwealth, including strategies and methods to
   continue to improve care coordination in hospital emergency departments and
   reduce the frequency of visits by high-volume emergency department utilizers;

   5. Provides a patient&#8217;s designated primary care physician and supporting
   clinical and care management personnel with treatment and care coordination
   information about a patient receiving health care services in the
   Commonwealth, including care plans, lab results, images, and hospital
   admissions, transfers, and discharges;

   6. Provides a patient&#8217;s designated managed care organization and
   supporting clinical and care management personnel with care coordination
   plans, lab results, images, and discharge and other treatment and care
   coordination information about a member receiving health care services in the
   Commonwealth; and

   7. Is integrated with the Prescription Monitoring Program established pursuant
   to Chapter 25.2 (&#xA7; 54.1-2519 et seq.) of Title 54.1 and the Advance
   Health Care Planning Registry established pursuant to Article 9 (&#xA7;
   54.1-2994 et seq.) of Chapter 29 of Title 54.1 to enable automated query and
   automatic delivery of relevant information from such sources into the existing
   work flow of health care providers.

C. The Commissioner shall enter into a contract with a third party to create,
operate, maintain, or administer the Program in accordance with this section,
which shall include provisions for the protection of patient privacy and data
security pursuant to state and federal law and regulations, including the Health
Insurance Portability and Accountability Act (42 U.S.C. &#xA7; 1320d et seq.).
The third-party contractor shall continue and rename the Emergency Department
Care Coordination Advisory Council established by Chapter 836 of the Acts of
Assembly of 2017 as the Smartchart Network Program Advisory Council (the
Advisory Council), which shall consist of representatives of the Department, the
Department of Medical Assistance Services, the Department of Health Professions,
the Virginia Hospital and Healthcare Association, the Virginia Association of
Health Plans, the Medical Society of Virginia, the Virginia College of Emergency
Physicians, the Virginia Chapter of the American Academy of Pediatricians, and
the Virginia Academy of Family Physicians, to advise the Commissioner and the
third-party contractor regarding the establishment and operation of the Program,
changes to the Program, and outcome measures for the Program.
			The Advisory Council established pursuant to this subsection shall continue
to ensure that information is shared among emergency departments throughout the
Commonwealth and all hospitals operating emergency departments in the
Commonwealth, all Medicaid managed care contracted health plans, the state
employee health insurance plan, all Medicare plans operating in the
Commonwealth, and all commercial plans operating in the Commonwealth, excluding
ERISA plans, and shall participate in the emergency department information
exchange program to continue to improve care coordination in hospital emergency
departments and reduce the frequency of visits by high-volume emergency
department utilizers.

D. Information submitted to the Program shall be confidential and shall be
exempt from disclosure under the Virginia Freedom of Information Act (&#xA7;
2.2-3700 et seq.).

HISTORY: 2017, cc. 475, 600; 2023, cc. 628, 629.