Walking the Federalist Tightrope: A National Policy of State Experimentation for Health Information Technology

Despite incredible technological advancements in diagnostics and treatment, medicine remains the last significant paper-based industry in the United States. In fits and starts, the American healthcare system is transitioning from paper charts to electronic records. The ultimate goal is a nationwide health information network that includes a comprehensive, interoperable electronic medical record for each patient. The effective use of health information technology (HIT) in physician offices, hospitals, and even patients’ homes promises to hold down rising healthcare costs and improve Americans’ health. Unfortunately, no overarching national strategy has emerged for designing and implementing such a system. Though federal officials increasingly promote the use of HIT, state efforts have driven most government progress. This dual-track regulatory strategy carries significant risks of interstate redundancy and incompatibility. This Note argues that a national policy of state experimentation would mitigate these risks and best exploit HIT’s considerable potential. Building on the ideas of democratic experimentalism, such a framework would encourage state innovation but require interstate collaboration and adherence to emerging standards in return. This Note’s proposal would establish a forum for interstate collaboration, require state participation through a designated HIT coordinator, mandate information sharing among state and federal officials, and create a mechanism to rein in potentially disruptive state policies. In addition to offering a roadmap for the nation’s HIT transition, this Note also provides a lens through which to view—and an opportunity to address—several criticisms of democratic experimentalist theory.