HHS Releases Final Rule on “Meaningful Use” of Electronic Health Records

July 14, 2010January 10, 2011 Kathie McDonald-McClure EHR Certification Standards, Electronic Health Records, Health care reform, Health Information Technology, HITECH Law, Hospital EHR Stimulus, Meaningful Use, Physician EMR Stimulus, Privacy & Security 75 Fed Reg 44314 July 28 2010, 75 Fed Reg 44590 July 28 2010, EHR Certification Standards, Electronic Health Records, eligible professional incentives for electronic medical records, Health Information Technology, HITECH Act, hospital incentives for EHRs, linkedin, meaningful use of certified EHR, privacy and security of health information exchange

Update: On December 29, 2010, HHS published in the Federal Register a “Correcting Amendment” to its Final Rule on Meaningful Use, which can be viewed here.

HHS Secretary Kathleen Sebelius wasted no time in putting the brand new CMS Director to work on July 13, 2010, in announcing the release of two rules under the Health Information Technology for Clinical and Economic Health Act (HITECH), including the Final Rule on Meaningful Use and the Final Rule on Initial Set of EHR Standards and Certification Criteria. Donald M. Berwick, MD, MPP, FRCP, was sworn in as Director of the Centers for Medicare and Medicaid Services on Monday afternoon, July 12, 2010, and by the next morning was primed to discuss the important role of health information technology (HIT) in America. In addition to Dr. Berwick’s participation at the press briefing, other participants included David Blumenthal, MD, the Chief Coordinator for the HHS Office of National Coordinator of HIT (ONC), Regina Benjamin, MD, U.S. Surgeon General, and Regina Holiday, an individual who shared a personal experience involving access to health information and how such access impacts the care of patients.

Quick Reference: The CMS Fact Sheet on both Final Rules is available here.

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HHS announces proposed rulemaking to “significantly” modify HIPAA

July 8, 2010October 31, 2011 Kathie McDonald-McClure Electronic Health Records, Federal Law Resources, Health care reform, Health Information Technology, HITECH Law, Meaningful Use, Privacy & Security Electronic Health Records, Federal Law Resources, Health care reform, Health Information Technology, HITECH Act, HITECH implementation, linkedin, privacy and security of health information exchange

On Thursday, July 8, 2010, the United States Department of Health & Human Services (HHS) held a press briefing to announce “significant modifications” through proposed rulemaking to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) pursuant to the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). The proposed modifications also seek to strengthen the privacy of health information and help Americans understand their rights and resources available to safeguard their personal health information. As part of the latter effort, Sebelius announced the launch of another new website “where Americans can read about all HHS’ efforts to protect privacy in the exchange of electronic health information and that will give Americans the tools needed to embrace technology to take control over their health information.” The website will be available at www.hhs.gov/healthprivacy.

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Federal court dismisses lawsuit alleging HITECH violates privacy rights

May 24, 2010August 4, 2010 Kathie McDonald-McClure Comparative Effectiveness Research, Electronic Health Records, Federal Law Resources, Health Information Technology, HITECH Law, Privacy & Security Comparative Effectiveness Research, Health care reform, Health Information Technology, linkedin, privacy and security of health information exchange

On May 13, 2010, the United States District Court for the Southern District of New York rejected the privacy challenge to the Health Information Technology for Economic and Clinical Health Act (HITECH Act) asserted by Beatrice M. Heghmann, a registered nurse, and Robert A. Heghmann, her husband and attorney, against Kathleen Sebelius, Secretary of the Health & Human Services (HHS), Nancy-Ann DeParle, Director, White House Office of Health Reform, and Charlene Frizzera, Administrator, Centers For Medicare and Medicaid Services (CMS). The Plaintiffs alleged that HITECH violates the HIPAA Privacy Rule, the Privacy Act, and Federal Common Law.

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

March 24, 2010July 6, 2010 Kathie McDonald-McClure Electronic Health Records, Health Information Technology, Privacy & Security Electronic Health Records, linkedin, new methods of exchanging information with health care providers, privacy and security of health information exchange

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.