Electronic Health Records

DEA’s Interim Final Rule Allows Electronic Prescriptions for Controlled Substances

Kathie McDonald-McClure EHR Certification Standards, Electronic Health Records, Health Information Technology, HITECH Law, Meaningful Use , , , , , , , , ,

Update 9/24/2020:  In the 10 years since we wrote this article, the DEA received questions and requests for clarification on various issues concerning the implementation and technical requirements for e-prescribing controlled substances.  To provide further clarification, this year, the DEA reopened the EPCS Interim Final Rule for additional comments.  The DEA also noted that it anticipated issuing a final rule on the topic of EPCS. The additional comments period closed on June 22, 2020.

On March 31, 2010, the Drug Enforcement Agency (DEA) published its Interim Final Rule (IFR) addressing electronic prescriptions (e-prescribing) for controlled substances, 75 Federal Register 16236 (effective June 1, 2010). Prior to this, the DEA had been concerned that the lack of security controls for e-prescribing of controlled substances would lead to higher levels of illegal use. That concern, along with the rigid requirements of the Controlled Substances Act of 1970 (CSA), had been a barrier for DEA in moving forward with its e-prescribing rule, which was originally proposed in June 2008. The DEA’s IFR cites the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was part of the American Recovery and Reinvestment Act of 2009 (ARRA), and HITECH’s encouragement of e-prescribing, as one impetus for propelling this issue forward. DEA also indicated that the lack of a mature standard that allows for electronic interoperability (i.e. formatting of prescription data) among e-prescribing applications (e.g., from physician to pharmacy) was another reason to forge ahead and fill the gap.

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ONC to Survey Opinions on Privacy & Security of Electronic Health Information Exchanges

Kathie McDonald-McClure Electronic Health Records, Health Information Technology, Privacy & Security , , ,

On March 24, 2010, the U.S. Department of Health & Human Services (HHS) posted a 30-day notice to solicit comments under the Paperwork Reduction Act of 1995 regarding its estimate of the burden to conduct a survey about public attitudes towards an electronic health information exchange and the associated privacy and security aspects.  The Office of the National Coordinator for Health Information Technology (ONC) would conduct the nationwide survey using computer assisted telephone interviews to interview a representative sample of the U.S. population. An estimated 25,415 households would be contacted out of which HHS estimates that 2,570 households will respond. The data collection, to take place over the course of eight weeks, would solicit information “about individuals’ attitudes toward electronic health information exchange and the extent to which they are interested in determining by whom and how their health information is exchanged.”  HHS says, “The proposed information collection will permit us to better understand individuals’ attitudes toward electronic health information exchange and its associated privacy and security aspects as well as inform policy and programmatic objectives.”

Before the publication of the final report, ONC will host a Web seminar to convey findings to the general public. A final report will be posted on http://healthit.hhs.gov and will include the results and analysis of the survey.

ONC Issues Proposed Rule for Two EHR Certification Programs

Kathie McDonald-McClure EHR Certification Standards, Electronic Health Records, Eligible Professional Incentives, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use , , , , ,

On March 2, 2010, the Office of National Coordinator (ONC) issued its proposed rulemaking respecting the certification standards that an eligible health care provider’s electronic health record must satisfy in order to qualify for incentives under the Health Information Technology for Clinical and Economic Health Act (HITECH Act), which was part of the American Recovery and Reinvestment Act of 2009 (ARRA). The ONC proposes establishing two certification programs:

1) A temporary certification program whereby the ONC would authorize organizations to test and certify Complete EHRs and/or EHR Modules, thereby assuring the availability of Certified EHR Technology prior to the date on which health care providers seeking the incentive payments may begin demonstrating meaningful use of Certified EHR Technology; and

2) A permanent certification program that would replace the temporary certification program. The permanent certification program would separate the responsibilities for performing testing and certification, introduce accreditation requirements, establish requirements for certification bodies authorized by the ONC related to the surveillance of Certified EHR Technology, and would include the potential for certification bodies authorized by the ONC to certify other types of health information technology besides Complete EHRs and EHR Modules.

The comment period for the proposed rule will be established once it is published in the Federal Register. In the meantime, you can read the proposed rule on the ONC’s webpage.

Event in Louisville, KY to focus on “Meaningful Use” under HITECH

Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health care reform, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use, Physician EMR Stimulus, Privacy & Security , , , , , , ,

On January 19, 2010, the Greater Louisville Health Enterprises Network together with Healthcare Information and Management Systems Society, Bluegrass Chapter, will present a panel presentation with discussions surrounding the next steps under the Health Information Technology for Clinical and Economic Health Act (HITECH), part of the American Recovery and Reinvestment Act (ARRA) of 2009.

Expert panelists include:

  • Rick Chapman, CIO, Kindred Healthcare & Member, HITSP Panel
  • Kathie McDonald-McClure, Esq., Wyatt Tarrant & Combs, LLP
  • Joe DeVenuto, CIO, Norton Healthcare

Moderated by Greg Aaron, Past Chapter President Bluegrass HIMSS and Board Member, Health Enterprises Network

Time & Location:

  • 5:30 – 6:00 p.m.  Wine Reception.
  • 6:00 – 7:30 p.m. Dinner & Panel Discussion
  • Sheraton Louisville, Riverside, 700 West Riverside Dr., Jeffersonville, IN 47130

Registration Information: $35 members; Tables available $245

To learn more about the Health Enterprises Network, click here.

HHS Releases Proposed EHR “Meaningful Use” Standards

Kathie McDonald-McClure Electronic Health Records, Eligible Professional Incentives, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use, Physician EMR Stimulus , , , , , , , , , ,

By 2014, hospitals and physicians whom Medicare reimburses for services and items will need to have adopted an electronic health record (EHR) according to rules promulgated under the Health Information Technology for Economic and Clinical Health Act (HITECH) or risk reductions in their Medicare reimbursement. On December 30, 2009, the Office of National Coordinator for Health Information Technology (ONC) and the Centers for Medicare and Medicaid (CMS), under the auspices of the U.S. Department of Health & Human Services (HHS), released their respective proposed rules for qualifying for EHR stimulus funds under HITECH: The “meaningful use” and “certified” EHR standards. 

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