Vermont § 9352 - Vermont Information Technology Leaders

§ 9352. Vermont Information Technology Leaders

• (a) Governance. The Vermont Information Technology Leaders, Inc. (VITL) Board of Directors shall consist
  of no fewer than nine nor more than 14 members. The term of each member shall be two
  years, except that of the members first appointed, approximately one-half shall serve
  a term of one year and approximately one-half shall serve a term of two years, and
  members shall continue to hold office until their successors have been duly appointed.
  The Board of Directors shall comprise representatives of the business community, of
  health care consumers, of Vermont hospitals, of Vermont-licensed clinicians, and of
  health insurers licensed to offer plans in Vermont, as well as individuals familiar
  with health information technology, including, to the extent practicable, one or more
  individuals who are or have served as the chief technology officer for a health care
  facility. (b) Conflict of interest. In carrying out their responsibilities under this section, Directors of VITL shall
  be subject to conflict of interest policies established by the Secretary of Administration
  to ensure that deliberations and decisions are fair and equitable. (c) Health information exchange operation. (1) VITL shall be designated in the Health Information Technology Plan to operate the
  exclusive statewide health information exchange network for this State. The Plan shall
  determine the manner in which Vermont’s health information exchange network shall
  be managed. Nothing in this chapter shall impede local community providers from the
  exchange of electronic medical data. (2) Notwithstanding any provision of 3 V.S.A. § 2222 or 2283b to the contrary, upon request of the Secretary of Administration, the Agency of Digital
  Services shall review VITL’s technology for security, privacy, and interoperability
  with State government information technology, consistent with the State’s health information
  technology plan required by section 9351 of this title. (d) Privacy. The standards and protocols implemented by VITL shall be consistent with those adopted
  by the statewide Health Information Technology Plan pursuant to subsection 9351(e) of this title. (e) Report. On or before January 15 of each year, VITL shall file a report with the Green Mountain
  Care Board; the Secretary of Administration; the Secretary of Digital Services; the
  Commissioner of Financial Regulation; the Commissioner of Vermont Health Access; the
  Secretary of Human Services; the Commissioner of Health; the Commissioner of Mental
  Health; the Commissioner of Disabilities, Aging, and Independent Living; the Senate
  Committee on Health and Welfare; and the House Committee on Health Care. The report
  shall include an assessment of progress in implementing health information technology
  in Vermont and recommendations for additional funding and legislation required. In
  addition, VITL shall publish minutes of VITL meetings and any other relevant information
  on a public website. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this
  subsection. (f) Funding authorization. VITL is authorized to seek matching funds to assist with carrying out the purposes
  of this section. In addition, it may accept any and all donations, gifts, and grants
  of money, equipment, supplies, materials, and services from the federal or any local
  government, or any agency thereof, and from any person, firm, foundation, or corporation
  for any of its purposes and functions under this section and may receive and use the
  same, subject to the terms, conditions, and regulations governing such donations,
  gifts, and grants. VITL shall not use any State funds for health care consumer advertising,
  marketing, or similar services unless necessary to comply with the terms of a contract
  or grant that requires a contribution of State funds. (g) Waivers. The Secretary of Human Services or designee, in consultation with VITL, may seek any
  waivers of federal law, of rule, or of regulation that might assist with implementation
  of this section. (h) [Repealed.] (i) Certification of meaningful use and connectivity. (1) To the extent necessary to support Vermont’s health care reform goals or as required
  by federal law, VITL shall be authorized to certify the meaningful use of health information
  technology and electronic health records by health care providers licensed in Vermont. (2) VITL, in consultation with health care providers and health care facilities, shall
  establish criteria for creating or maintaining connectivity to the State’s health
  information exchange network. (j) Scope of activities. VITL and any person who serves as a member, director, officer, or employee of VITL
  with or without compensation shall not be considered a health care provider as defined
  in subdivision 9432 of this title for purposes of any action taken in good faith pursuant to or in reliance upon provisions
  of this section relating to VITL’s: (1) governance; (2) electronic exchange of health information and operation of the statewide Health Information
  Exchange Network as long as nothing in such exchange or operation constitutes the
  practice of medicine pursuant to 26 V.S.A. chapter 23 or 33; (3) implementation of privacy provisions; (4) funding authority; (5) application for waivers of federal law; (6) establishment and operation of a financing program providing electronic health records
  systems to providers; or (7) certification of health care providers’ meaningful use of health information technology. (Added 2009, No. 61, § 1; amended 2009, No. 67 (Adj. Sess.), § 108; 2009, No. 156 (Adj. Sess.), § I.26; 2011, No. 63, § G.104; 2013, No. 79, § 34a, eff. June 7, 2013; 2013, No. 142 (Adj. Sess.), § 34; 2015, No. 54, § 9, eff. June 5, 2015; 2015, No. 172 (Adj. Sess.), § E.306.1; 2017, No. 187 (Adj. Sess.), § 3, eff. May 28, 2018; 2023, No. 6, § 223, eff. July 1, 2023; 2025, No. 62, § 2, eff. July 1, 2025.)