,i #aafth ,,congress #ast ,session ,h4 ,r4 #acij ,,in ,,the ,,house ,,of ,,representatives ,february #bg1 #bjai,mrs4 ,brooks of ,indiana 7for herself and ,ms4 ,clarke of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend titles ,,xviii and ,,xix of the ,social ,security ,act to promote the ability of individuals entitled to benefits under part ,a or enrolled under part ,b of the ,medicare program and individuals enrolled under a ,state plan under the ,medicaid program to access their personal medical claim data1 including their providers1 prescriptions1 tests1 and diagnoses1 through a mobile health record application of the individual's choosing1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,mobile ,health ,record ,act of #bjai4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,the ,centers for ,medicare ,medicaid ,services' 7,,cms7 ,blue ,button #b4j ,program was announced in ,april #bjah to build upon ,,cms's ,blue ,button ,program4 7#b7 ,the ,blue ,button #b4j ,program provides #d years of ,medicare part ,a1 ,b1 and ,d data for #ec million ,medicare beneficiaries through an ,application ,programming ,interface 7,,api74 ,the data contains a variety of information including1 but not limited to1 a list of a patient's providers1 prescriptions1 tests1 and diagnoses4 ,the ,blue ,button #b4j ,program requires the use of ,,cms-approved applications to allow beneficiaries to download coded data4 7#c7 ,mobile applications currently exist that have the power to decode the ,medicare ,blue ,button data and present it in a user-friendly1 easy-to-read and understand format4 ,prior to ,blue ,button #b4j1 the ,blue ,button ,program allowed beneficiaries to download such data1 but the information was not decoded into the easy-to-read and understand format that a mobile application provides4 7#d7 ,the ,blue ,button #b4j ,program was created to empower patients with the use of these applications1 but additional steps need to be taken in order to ensure the program reaches its intended purpose of providing patients with their personal medical claim information to prevent harmful medical errors and reducing redundant spending4 7#e7 ,according to a study published by ,johns ,hopkins ,university in #bjaf1 more than #bej1jjj deaths per year are due to medical error1 making it the third leading cause of death in the ,united ,states4 ,further1 millions of dollars are wasted on duplicative or unnecessary tests and procedures4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,centers for ,medicare ,medicaid ,services' ,blue ,button #b4j ,program has the potential to positively influence patient behavior1 improve patient safety and health outcomes1 and help reduce unnecessary health care expenditures1 but action needs to be taken to help the initiative meet the program's goals4 #c4 ,promoting patient access to personal medical claim information1 including a patient's providers1 prescriptions1 tests1 and diagnoses1 through the use of mobile health record applications 7a7 ,medicare ,title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq47 is amended by adding at the end the following new section3 #ahii;,c4 ,mobile ,access to ,personal ,medical ,information ,program 7a7 ,establishment 7#a7 ,in general ,not later than ,january #a1 #bjbj1 the ,secretary shall establish a program to be known as the ,mobile ,access to ,personal ,medical ,information ,program 7in this section referred to as the ,program7 for purposes of creating a developer-friendly1 standards-based ,,api that enables individuals entitled to benefits under part ,a or enrolled under part ,b to connect their claims data to the applications1 services1 and research programs they trust while allowing such individuals to retain full control over how the copy of the data they receive can be used and by whom4 ,the ,program shall provide such an individual access to the personal medical claim information of the individual through a mobile health record application of the individual's choice approved by the ,secretary under subsection 7b74 ,such information shall be made available through such application in a manner similar to how such information is made available under the ,blue ,button #b4j program 7or a successor program74 7#b7 ,encouraging use of program ,in carrying out the ,program1 the ,secretary shall consider establishing methods for encouraging individuals described in paragraph 7#a7 to access their personal medical claim information under the ,program4 ,such methods may include-- 7,a7 providing individuals described in paragraph 7#a7 access to a one-time financial incentive to download for free or at a discounted price a ,,cms-approved mobile health record application of their choice that can be used to access their personal medical claim information under the ,program2 7,b7 paying a reasonable fee per download to the application developer to be capped at a fair market value2 or 7,c7 other methods determined appropriate by the ,secretary4 ,for purposes of the previous sentence1 the ,secretary shall consult with application developers1 insurers1 and other appropriate entities determined by the ,secretary1 to establish appropriate methods of financial incentive payment for applications approved to participate in the program4 7b7 ,mobile health record applications 7#a7 ,approval ,the ,secretary shall establish a process under which the ,secretary1 in consultation with staff with appropriate technical expertise1 approves mobile health record applications for use under the ,program4 ,such process shall include requirements providing that such application-- 7,a7 demonstrates the capacity to provide the personal medical claim information of an individual described in subsection 7a7 to such individual in an easily accessible format2 7,b7 utilizes a machine-readable1 structured1 coded format conforming to a data content standard approved by the ,secretary2 7,c7 has the ability to aggregate data from multiple sources2 7,d7 is encrypted 7or contains other data security safeguards determined appropriate by the ,secretary7 and conforms to other cybersecurity standards and best practices determined appropriate by the ,secretary2 7,e7 provides for a mechanism through which the ,secretary may track the number of times and frequency with which such individual accesses the personal medical claim information of such individual2 7,f7 does not use a third-party service for ad revenue or for any other means2 and 7,g7 meets such other requirements as may be specified by the ,secretary4 7#b7 ,annual review of approval ,the ,secretary shall1 not less than annually and in consultation with staff with appropriate technical expertise1 review each mobile health record application approved under paragraph 7#a7 to determine whether such application continues to meet the requirements specified in such paragraph4 ,the ,secretary shall revoke the approval of any such application that fails to meet such requirements4 7c7 ,information on ,program ,the ,secretary shall1 through the public website of the ,centers for ,medicare ,medicaid ,services1 mailed notices1 through a notice at the time of enrollment of an individual in part ,a or part ,b1 public awareness campaigns1 the notice described in section #ahjd7;a71 the provision of personalized prevention plan services 7as defined in section #ahfa7;hhh771 or otherwise 7as determined appropriate by the ,secretary71 ensure that individuals described in subsection 7a7 receive information not less than twice each year regarding the ,program1 including a list of mobile health record applications approved under subsection 7b77#a74 7d7 ,cybersecurity and data privacy 7#a7 ,consultation ,in carrying out the ,program1 the ,secretary shall consult with the ,national ,coordinator for ,health ,information ,technology and other ,federal agencies determined appropriate by the ,secretary to ensure the compliance of entities participating in the ,program with all applicable provisions of the regulations promulgated by the ,secretary under part ,c of title ,,xi and section #bfd of the ,health ,insurance ,portability and ,accountability ,act of #aiif4 7#b7 ,additional cybersecurity protections ,in carrying out the ,program1 the ,secretary shall consult with appropriate ,federal agencies1 including the ,national ,institute for ,standards and ,technology1 and appropriate public-private partnerships 7such as the ,sector ,coordinating ,councils71 including the ,healthcare and ,public ,health ,sector ,coordinating ,council1 to ensure that relevant and applicable cybersecurity guidelines are followed when establishing the ,program 7including when establishing standards and best practices under subsection 7b77#a77;,d7 and standards and criteria under subsection 7e77#a77;,c774 7e7 ,definitions ,in this section3 7#a7 ,mobile health record application ,the term mobile health record application means a software application that-- 7,a7 runs on a mobile device 7such as a mobile phone or handheld computing platform72 7,b7 allows an individual to access the individual's personal medical claim information2 and 7,c7 meets such cybersecurity and data security standards and criteria as the ,secretary may specify1 which may be similar to such standards and criteria used under the ,blue ,button #b4j program 7or a successor program74 7#b7 ,personal medical claim information ,the term personal medical claim information means1 with respect to an individual-- 7,a7 a list of claims for items and services furnished to such individual payable under part ,a or part ,b1 including any prescriptions or tests2 7,b7 a list of providers and suppliers who furnished such items and services2 7,c7 any diagnoses made by such providers and suppliers2 7,d7 ,medicare ,advantage encounter data from an ,,ma or ,,ma-,,pd plan under part ,c2 and 7,e7 prescription drug event data4 4 7b7 ,medicaid ,section #aijc of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7 is amended by adding at the end the following new subsection3 7aa7 ,payments for mobile access to personal medical claim information 7#a7 ,payments ,in addition to payments otherwise provided under subsection 7a71 in the case of a ,state that elects to develop1 or purchase from a private entity1 a mobile health record application through which an individual enrolled under the ,state plan 7or a waiver of such plan7 may access the personal medical claim information of such individual1 the ,secretary shall pay to such ,state1 for each quarter beginning on or after the date of the enactment of the ,mobile ,health ,record ,act of #bjai1 an amount equal to #ij percent of so much of the sums expended during such quarter as are attributable to the development1 or purchase1 of such mobile health record application4 7#b7 ,definitions ,in this subsection3 7,a7 ,mobile health record application ,the term mobile health record application has the meaning given such term in section #ahii;,c7e74 7,b7 ,personal medical claim information ,the term personal medical claim information means1 with respect to a ,state and an individual enrolled under the ,state plan 7or a waiver of such plan7-- 7i7 a list of claims for items and services furnished to such individual under the ,state plan 7or waiver71 including any prescriptions or tests2 7ii7 a list of providers and suppliers who furnished such items and services2 and 7iii7 any diagnoses made by such providers and suppliers4 4