Requirements for designation and funding – Wis. Stat. Ann. § 153.81

Wisconsin must “designate” a non-profit corporation in order for it to attain eligibility for federal funding under 42 USC 300jj-33. Non-profit corporations must meet the following conditions in order to obtain such designation:

• The nonprofit corporation’s bylaws or articles of incorporation must state that “a purpose of the corporation is to use information technology to improve health care quality and efficiency through the authorized and secure electronic exchange and use of health information.”
• The nonprofit corporation agrees to annually conduct evaluations of their efforts and provide the secretary with reports regarding their progress in implementing statewide health information exchange and how such progress is “enabling meaningful use of certified electronic health record technology.”
• The nonprofit corporation is in compliance with the “qualified state-designated entity” requirements.
• The nonprofit corporation’s board is comprised of specified persons including a person appointed by the governor, health care providers, and health insurers.

Nonprofit corporations must also agree to fulfill the following purposes in order to qualify for designation: 

• Build a statewide health information exchange with the capacity to support “health care providers’ meaningful use of electronic health records,” improvement of population health, and health care performance reporting.
• Develop policy and propose legislation that will facilitate the efficient exchange of health information while protecting consumer privacy.
• Develop a technical infrastructure that will support the statewide exchange of health information.
• Oversee the health information exchange in order to protect the public interest.
• Raise public awareness and support for the health information exchange and generate a consensus approach to the health information exchange among providers and other users.
• Create standards for the health information exchange.
• Prioritize health information exchange services based on the needs of Wisconsin residents.
• Ensure sufficient funding to create and maintain the health information exchange.
• Create a process for obtaining patient consent for the electronic access, review, and disclosure of their health information.
• Certify regional health information exchange networks.
• Monitor health information exchange activities in other states and nationally.
• Develop initiatives that will use health information exchange to “improve the safety, quality, and efficiency of health care and…reduce waste due to redundancy and administrative costs.”