HB-6039, As Passed Senate, December 6, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6039

     A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 2511.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2511. (1) There is established in the department the

healthcare information technology and infrastructure development

fund to be administered by the commission for the purpose of

promoting the development and adoption of healthcare information

technologies designed to improve the quality, safety, and

efficiency of healthcare services.

     (2) Money in the fund shall be used for established regional

health information organizations and other projects authorized by

the commission and may be expended by contract, loan, or grant, to

develop, maintain, expand, and improve the state's healthcare

information technology infrastructure and to assist healthcare

facilities and health service providers in adopting healthcare

information technologies shown to improve healthcare quality,

safety, or efficiency. The commission shall develop criteria for

the selection of projects to be funded from the fund and criteria

for eligible regional health information organizations and

healthcare information technology and infrastructure projects to be

funded under this part.

     (3) The director is authorized to accept any grant, devise,

bequest, donation, gift, services in kind, assignment of money,

bonds, or money appropriated by the legislature or received from

insurers, for deposit in and credit of the fund. The commission is

authorized to expend from the healthcare information technology and

infrastructure development fund any money deposited into the fund

for the purposes set forth in subsection (2). Money in the fund at

the close of the fiscal year shall remain in the fund and shall not

lapse to the general fund.

     (4) Notwithstanding any provision of its articles of

incorporation, bylaws, or other enabling documents or laws to the

contrary, a health insurer, health maintenance organization, health

plan, or nonprofit health care corporation is authorized to

allocate sums of money derived from the collections of premiums to

the healthcare information technology and infrastructure

development fund. The commission is authorized to approve projects

which are in conformance with this section.

     (5) A member of the commission shall not make, participate in

making, or in any way attempt to use his or her position as a

member of the commission to influence a decision regarding a loan,

grant, investment, or other expenditure under this part to his or

her employer. A member, employee, or agent of the commission shall

not engage in any conduct that constitutes a conflict of interest

and shall immediately advise the commission in writing of the

details of any incident or circumstances that may present the

existence of a conflict of interest with respect to the performance

of the commission-related work or duty of the member, employee, or

agent of the commission. A member who has a conflict of interest

related to any matter before the commission shall disclose the

conflict of interest before the commission takes any action with

respect to the matter, which disclosure shall become a part of the

record of the commission's official proceedings. The member with

the conflict of interest shall refrain from doing all of the

following with respect to the matter that is the basis of the

conflict of interest:

     (a) Voting in the commission's proceedings related to the

matter.

     (b) Participating in the commission's discussion of and

deliberation on the matter.

     (c) Being present at the meeting when the discussion,

deliberation, and voting on the matter take place.

     (d) Discussing the matter with any other commission member.

     (6) Failure of a member to comply with subsection (5)

constitutes misconduct in office subject to removal under section

2503.

     (7) When authorizing expenditures and investments under this

part, the commission shall not consider whether a recipient has

made a contribution or expenditure under the Michigan campaign

finance act, 1976 PA 388, MCL 169.201 to 169.282. Expenditures

under this part shall not be used to finance or influence political

activities.

     (8) The commission shall prepare and issue an annual report

not later than January 30 of each year outlining in specific detail

the amount of funds spent from the fund in the previous year, a

status report on the projects funded, progress to date in

implementing a statewide healthcare information infrastructure, and

recommendations for future investments and projects.