Bill
SB 678
SB 678 requires nursing-home EHN/EMR vendors to release patient records promptly in standard formats to authorized associates, with OHAG enforcement and private lawsuits for noncom
Electronic Health Networks and Electronic Medical Record Vendors of Nursing Homes — Release of Records — Enforcement
Status / Timeline
- Introduced: Feb 21, 2025 (Sen. Rosapepe; cross-file: HB 812)
- Committee assignment: Finance
- Hearing: 3/06 at 1:00 p.m.
- Proposed effective date (version language): October 1, 2025
Purpose / Intent
SB 678 clarifies and strengthens the obligation of electronic health networks (EHNs) and electronic medical record (EMR) vendors that hold nursing home patient data to release those records when directed by the contracting nursing home, and it creates both public- and private-enforcement mechanisms to remedy noncompliance. The bill is intended to ensure timely, usable, and cost-free electronic access to nursing home medical records for authorized business associates and for public-health/HIE purposes.
Key provisions
- Amend Health — General §4‑302.6 to state that when a nursing home contracts with or uses an EHN or EMR vendor, the nursing home may direct the vendor to release patient medical records or electronic health‑care transactions to a business associate of the nursing home.
- Release requirements for EHN/EMR vendors:
- Provide records in an electronic format conforming to ONC specifications or another format required by the State‑designated health information exchange (HIE).
- Make records available on a regular basis and release information in a timely manner to support patient care and monitoring.
- May not restrict, limit, or charge a fee for the release of those records or transactions.
- Enforcement:
- The Office of the Attorney General (OAG) is authorized to enforce the section.
- Any person (including those who did not directly interact with the violating party) may bring a civil action seeking damages and/or injunctive relief and attorney’s fees against any person who violates the section.
Who is affected
- Directly: EHNs, EMR vendors, and their business associates that serve nursing homes. Nursing homes that contract with these vendors gain explicit direction authority.
- Indirectly: Nursing home residents (patients), family members, State‑designated HIE (e.g., CRISP), and small vendor businesses (exposure to private litigation).
- Government: OAG (enforcement responsibilities), Judiciary (potential new civil cases).
Fiscal and practical impact
- Fiscal note: OAG can implement enforcement with existing resources; any additional Judiciary workload is expected to be minimal but is not precisely estimated.
- Small businesses (small EHNs/EMR vendors) may face meaningful exposure to lawsuits and potential liability for violations; increased compliance costs are possible.
- Practically, the bill promotes interoperable, timely data sharing and prohibits fees that could otherwise impede care coordination or State reporting.
Considerations
- The private right of action (including attorney’s fees) and the authorization for OAG enforcement are significant compliance incentives but may increase litigation risk for vendors.
- The bill ties technical format requirements to ONC standards and State‑designated HIE formats, so evolving federal/state interoperability rules could affect implementation.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
