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Congress should enact legislation to establish health record data banks.

Independent Health Record Trust Act introduced by Rep. Moore (D-KS) and Rep. Ryan (R-WI), for example, would establish federally regulated health record data banks. This legislation establishes a fiduciary duty for each health record data bank to act for the benefit of its participants and prescribes penalties for a breach of these responsibilities. In addition, the bill prohibits the data bank operators from charging fees to health care providers for accessing or updating an EHR to which they have been given access. The legislation specifically states that all participation in the health record data bank is voluntary, and no entity, including employer, health insurance issuer or health care provider can compel participation.