In an article titled, “Use of electronic communications with patients,” posted to this blog on December 18, 2009, I discussed the stated goal under the Health Information Technology for Economic and Clinical Health (HITECH) Act to “[p]rovide patients and families with timely access to data, knowledge, and tools to make informed decisions and to manage their health.” The article explored whether and to what extent patient messaging, including text messaging, might be used to achieve this HITECH Act goal. The U.S. Department of Health and Human Services (HHS) also is exploring ways to integrate text messaging into individual health management. On September 19, 2011, HHS announced the formation of the Text4Health Task Force, with specific recommendations that support health text messaging and mobile health (mHealth) programs. The HHS press release states: “The department has been actively exploring means to capitalize on the rapid proliferation of mobile phone technology and platforms, such as text messaging, to develop programs and/or partnerships with the overall aim of improving public health outcomes.” The HHS press release cites certain smoking cessation programs that utilize text messaging as representative of the direction in which this technology can be further exploited to improve population health. Among its recommendations, the Text4Health Task Force includes a recommendation related to electronic health records (EHRs) and, more specifically, recommends that “HHS align health text messaging/mHealth activities with other HHS Health IT priorities.” To read the HHS Text4Health Task Force recommendations, click here.
Electronic Health Records
Farzad Mostashari, MD, speaks at 2011 Kentucky eHealth Summit
On September 6 and 7, 2011, the Kentucky Governor’s Office of Electronic Health Information hosted the 4th annual Kentucky eHealth Summit at the METS Center, 3861 Olympic Boulevard, Erlanger, KY 41018 in northern Kentucky.
Farzad Mostashari, MD, ScM, the National Coordinator for Health Information Technology for the United States Department of Health & Human Services, addressed attendees of the Summit. Dr. Mostashari discussed the Office of National Coordinator’s initiatives and the future of health information technology, including the launch of a Consumer Health IT Program on September 12, 2011. More information about the Kentucky eHealth Summit can be found here.
Kentucky was the first state in the United States to award Medicaid incentive money to a hospital and quickly followed in awards to other healthcare providers who completed an attestation of their plan to adopt, implement, or upgrade an Electronic Health Record (EHR) system. For more information about the Kentucky Medicaid EHR Incentive program, and to read the FAQs and access additional helpful links, click here .
Office of Civil Rights Steps Up HIPAA Audits
SUMMARY: In June 2011, the United States Department of Health & Human Services (HHS) Office of Civil Rights (OCR)contracted for new periodic audits of covered entities and business associates to ensure compliance with the Privacy and Security Standards found in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act). Announcement of these new audits followed closely on the heels of a May 2011 report from the HHS Office of Inspector General (OIG) criticizing oversight and enforcement of the HIPAA Security Rule requirements and recommending that the OCR conduct random audits.
Health IT Policy Committee Recommends Delay for Stage 2 Meaningful Use
UPDATE: On July 6, 2011, Farzad Mostashari, M.D., ONC Chief, backed the ONC Policy Committee’s recommendation to delay implementing Stage 2 meaningful use criteria.
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On June 16, 2011, Paul Tang, M.D. , as Vice Chair of the Health IT Policy Committee for the Office of National Coordinator (ONC), wrote a letter to Farzad Mostashari, M.D., the ONC National Coordinator, requesting a delay in implementing Stage 2 of the meaningful use criteria that eligible healthcare providers must meet in order to obtain the monetary incentives for adoption of electronic health records (EHRs). The monetary incentives were established pursuant to the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), which was part of the American Recovery and Reinvestment Act of 2009 (ARRA). Dr. Tang states in the letter:
The HITPC has heard from both the vendor community and the provider community that the current schedule for compliance with stage 2 meaningful use objectives in 2013 poses a nearly insurmountable timing challenge for those who attest to meaningful use in 2011. With the anticipated release of the final rule for stage 2 in June, 2012, it would require EHR vendors to design, develop, and release new functionality, and for eligible hospitals to upgrade, implement and begin using the new functionality by the beginning of the reporting year in October of 2012. After careful consideration of the trade-offs between the urgency with which new functionality is needed and the ability to safely deliver and to effectively use the new functionality, the HITPC recommends that—only for those who begin to attest to MU in 2011—an extra year be provided to phase in the stage 2 expectations (ie., Stage 2 for those who attest in 2011 would begin in 2014).
The Committee asserts that the delay would only affect providers who implement Stage 1 in 2011. This assumes that providers who wait until 2012 to implement Stage 1 would not have been ready to implement Stage 2 until 2014 anyway. The letter also sets forth the proposals for stengthening Stage 1 criteria in Stage 2. The Committee voted 12 to 5 in favor of the recommendations in the letter. To read the entire 14-page letter, click here.
CMS Posts Sneak Preview of Meaningful Use Attestation, Which Opens April 18, 2011
Eligible Professionals (EPs), Eligible Hospitals (EHs) and Critical Access Hospitals (CAHs) who make a meaningful use of a certified electronic health record(EHR) are eligible for financial incentives under the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act). EPs , EHs and CAHs will be able to attest to meeting the “meaningful use” criteria through a special on-line portal beginning April 18, 2011. The Centers for Medicare and Medicaid (CMS) has posted a sneak preview of the attestation system with screenshots of the meaningful use screens that providers will complete in order to attest to meaningful use. More information about how to register and attest is available on the CMS official website for the Medicare and Medicaid EHR Incentive Programs.
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