Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

COMMITTEE ON ENERGY AND COMMERCE MARKUP
H.R. 4157, THE “BETTER HEALTH INFORMATION TECHNOLOGY PROMOTION ACT OF 2005”

June 15, 2006

H.R. 4157, the “Better Health Information Technology Promotion Act of 2005”, has unfortunately become a partisan bill and I find it most perplexing. During the subcommittee markup, the subcommittee Chairman said, and I quote, “this is really the kind of bill that ought not be partisan.” I could not agree more.

Republicans and Democrats all share an interest in improving health information technology. It will save lives and save money. Last November, the Senate unanimously passed a bill, S. 1418, whose primary sponsors are Senators Frist, Enzi, Kennedy, and Clinton. Yet for some reason, although that bill was referred solely to our Committee, it has languished for seven months without so much as a hearing.

Instead, the subcommittee marked up an entirely different bill, along with a partisan amendment in the nature of a substitute.

I would be the first to admit that just because a bill passes the Senate unanimously doesn’t mean it is without flaws. For example, our side of the aisle believes the bill requires stronger provisions on patient privacy. Had we had the opportunity, I am sure we could have developed a bipartisan bill based in large measure on the Senate language, but you have chosen to take a different path.

The bill reported by the Subcommittee is inadequate if our goal is to bring our Nation’s healthcare system up-to-date to take full advantage of the ability of technology to improve care, quality, and patient outcomes. The Federal Government must lead in this area through the adoption of the voluntary health information technology standards that ensure systems can communicate across providers, patients, and governments.

The bill before us does not move us in that direction. And funding levels are inadequate, relying instead on private provision of technology that would make kickbacks, fraudulent referrals, and self-enrichment much more likely.

Finally, the question of ensuring patient privacy looms over our heads. The expanded use of electronic health information systems clearly has a potential benefit, but it also poses a serious threat to patient privacy. Consumers Union, the American Association of People with Disabilities, the Republican Liberty Caucus, and others note the need to address privacy in health information technology legislation. Again, the bill before us is inadequate.

It is of course important to move forward with Health Information Technology legislation. I hope that we can find a bipartisan way to improve upon the Chairman’s bill and craft legislation that will benefit patients, providers, and our health system as a whole. If anything is to be enacted this year, then a fully bipartisan path is the only way.

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(Contact: Jodi Seth, 202-225-3641)