As I previously reported in my June 17, 2009 post, the Meaningful Use Workgroup of the Office of National Coordinator’s HIT Policy Committee presented its initial draft of “meaningful use” at the Committee’s June 16, 2009 HIT Policy Committee meeting. The complete Meaningful Use Matrix setting out the objectives and measures for 2011, 2013 and 2015, can be reviewed on the HIT Policy Committee webpage. To submit comments on the draft, go to the HIT Policy Committee homepage and click on the Meaningful Use Comment Instructions in the box in the top right-hand corner of the page. Public comments are due by June 26, 2009.
Electronic Health Records
The FTC’s Identity Theft Red Flags Rule: Catching the uninsured in the act of medical services theft
Article Summary: The Federal Trade Commission’s Red Flags Rule for identity theft applies to most health care providers according to the FTC’s current guidance. The FTC makes a clear attempt under the Rule to regulate medical identity theft, as opposed to credit identity theft. The result is that the FTC will have regulatory authority in an area that the Department of Health & Human Services, since the issuance of the Red Flags Rule in late 2007, has seen fit to strengthen under the HITECH Act of 2009, through both enhanced security protections and breach notification requirements. Further, the HITECH Act put into motion aggressive health information technology reform that also will likely address medical identity theft. Do we really need another federal agency regulating the privacy and security protections that health care providers provide for medical records? This article summarizes the key components of the Red Flags Rule that will draw most health care providers into its reach and discusses how current health care reforms may impact favorably on preventing medical identity theft.
CCHIT posts new criteria for certain electronic health records
On May 29, 2009, the Certification Commission for Healthcare Technology (CCHIT) released its recently developed criteria, test scripts, and the “Concise Guide to CCHIT Criteria” outlining the characteristics of a qualified electronic health record (EHR). This criteria relates to ambulatory, inpatient, enterprise, and emergency room electronic health records. The “Concise Guide to CCHIT Criteria”, which is specific to ambulatory and inpatient criteria only, highlights the 2009 changes. The criteria has been submitted to the Health Information Technology Standards Committee for review, and feedback is anticipated by August 26. Shortly thereafter, CCHIT will begin accepting applications for the certification programs. To access this article, click here.
wyatthitechlaw.com 