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.
Health Information Technology
ONC Releases Model Privacy Notice for Personal Health Records
After the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009, the interest in storing and accessing health information online increased, prompting increased concerns about the privacy and security of such information. In September 2011, the Office of the National Coordinator for Health Information Technology (ONC) released a Personal Health Record (PHR) Model Privacy Notice for public use. This Model Notice meets ONC’s initial goal in a multi-phased, consumer project to increase consumer awareness of PHR companies’ data practices. The next phase seeks to empower consumers by providing them with an easy way to compare the data practices of two or more PHR companies. Continue reading
Proposed Federal Regulation Requires HIPAA-Covered Labs to Release Test Results to Patients
On September 12, 2011, the Office of National Coordinator (ONC) for the United States Department of Health & Human Services (HHS) announced a Proposed Rule that will enable direct access to laboratory test results by patients. Under the Clinical Laboratory Improvement Amendments of 1988 (CLIA), laboratories must hold a CLIA certificate in order to perform one of three levels of complex laboratory tests regulated by CLIA. Even before the passage of the Health Information Technology for Economic and Clinical Health Act (HITECH Act), concerns have been expressed regarding the lack of clarity under state law, and the literal prohibition in some states, regarding whether a CLIA laboratory that is independent (as opposed to hospital based) may release laboratory test results directly to a patient. Continue reading
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.
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