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June 2004 News ArchivesJune 30, 2004 More HIPAA Rules Coming This Fall & Winter The Department of Health and Human Services (HHS) published its Semiannual Regulatory Agenda in the Federal Register on Monday, June 28. The semiannual publication is an inventory of all rulemaking actions under development or review by HHS in the foreseeable future. HHS expects to issue notices of proposed rule making (NPRMs) in November for the Claims Attachments Standard and the Standard Unique National Health Plan Identifier. In February and March, the Department plans to publish NPRMs revising the HIPAA electronic transactions and code sets standards, and proposing replacements for specific code sets. A final rule implementing the requirements for electronic Medicare claims submission after October 16, 2003, and the conditions upon which a waiver could be granted for these requirements is scheduled for publication in September of 2006, two years later than previously estimated. A date for the publication of a framework for enforcing HIPAA compliance through the imposition of civil money penalties has yet to be determined. Keep up-to-date on the status of the HIPAA regs with our Compliance Calendar. June 29, 2004 AMA Policy Encourages National IT Standards The American Medical Association (AMA) will lead an effort to ensure health IT standards are established to allow physicians, hospitals and other healthcare professionals to share and exchange data, according to a resolution adopted June 15 during the AMA's Annual Meeting, reports AMNews. The resolution also said the AMA would work with Congress and insurance companies to align incentives as part of the development of a national health information infrastructure so physicians are not stuck with a disproportionate financial burden when they implement these technologies. June 29, 2004 HHS Secretary Comes Out Against Federally-Mandated HIT Tommy Thompson, secretary of the Department of Health & Human Services (HHS), said in a conference call with reporters last week that the government will push standards and demonstration projects rather than health information technology mandates as the quickest way to wire the healthcare system, reports Health-IT World News. Thompson said, "I don't see mandates as a solution... . Things move too slowly in the Congress. I think mandates are too slow and too confrontational." David Brailer, who serves under Thompson as the National HIT Coordinator, echoed the secretary's sentiments. Both Thompson and Brailer emphasized the need for speedy work, and both men said next month's National Health Information Infrastructure meeting would detail the strategy by which the government will aid in the promotion of health IT. "We're moving a lot faster than anyone would have predicted even six months ago," said Thompson. "But it's still not fast enough for me." Read
Federal Computer Week's article, "Standardizing health records."
June 25, 2004 HHS Urged to Implement HIPAA Liability Provision for Free Clinic Volunteers In a letter sent June 4th, Sen. Judd Gregg, chairman of the Senate Committee on Health, Education, Labor and Pensions (HELP), and Sen. Ron Wyden (D-OR), urged HHS Secretary Tommy Thompson to quickly issue regulations to implement a HIPAA provision intended to attract more retired and off-hours physicians to volunteer at free clinics. "As you know, Section 194 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) recognized that one of the barriers to health professionals volunteering to provide care to the poor and uninsured was the cost of malpractice insurance," they wrote. "Extending liability coverage to volunteer physicians is one way to encourage more doctors to serve uninsured patients in free clinics." June 25, 2004 House Caucus Focuses on Health IT US Reps. Patrick Kennedy (D-RI) and Jim Greenwood (R-PA) have formed a congressional caucus to give special focus to healthcare IT issues, reports Health Data Management. The legislators, co-chairs of the caucus, hope to gain membership throughout the House and Senate; 16 House members, mostly Democrats, presently have joined. Caucus members expect to support policies, such as financial incentives, to increase provider adoption of IT. June 22, 2004 AHA Urges CMS to Seek Provider Input on HIPAA NPI Process In comments submitted yesterday, the American Hospital Association (AHA) urged the Centers for Medicare & Medicaid Services (CMS) to get input from healthcare providers as it develops and implements the enumeration process for the National Provider Identifier (NPI) standard, reports AHA News. "Provider input will help ensure that the systems developed will facilitate, and not hinder, providers' efforts to obtain an NPI," wrote Melinda Hatton, AHA vice president and chief Washington counsel. Hatton also said CMS should coordinate with providers on "a rational plan to systematize the enumeration process" to prevent a last-minute glut of applications and ensure "opportunities to reduce the burdens and improve the efficiency of the enumeration process are fully explored." Read
AHA's comment letter
(PDF). June 22, 2004 Defense EHR System Rolling Out Ahead of Schedule Defense Department (DOD) officials say military units are ahead of schedule in meeting a recent mandate by President Bush for federal agencies to keep electronic health records (EHR) of personnel and their families, reports Government Computer News. Under the president’s Health IT Plan, federal officials have until August to review programs and propose ways to incorporate electronic health initiatives into their medical support systems. But DOD already has an electronic health system running at several sites and is working to improve it. June 22, 2004 House Committee Holds Hearing on Healthcare IT Progress The Subcommittee on Health of the House Ways and Means Committee held a hearing on Healthcare Information Technology (HIT) last week. In announcing the hearing, Committee Chairman, Nancy L. Johnson (R-CT), stated, “Greater use of information technology has the proven ability to dramatically improve the safety and quality of our health care system while reducing costs. I am encouraged HHS is moving forward quickly on adopting the IT provisions included in MMA. I applaud the creation of the Office of the National Coordinator for Health IT as a critical step in furthering the public-private partnership that is required to bring our health care system into the 21st Century.” The hearing focused on the projects currently underway in both the public and private sectors and explored what further initiatives are needed to increase the use of information technology throughout the healthcare sector. Read the panelists' statements:
June 22, 2004 Digging Up the Past Raises Ethics Questions A bed sheet with a 139-year-old bloodstain might answer questions about the physical and mental well-being of this country's 16th president, Abraham Lincoln, reports American Medical News. But a team of bioethicists, historians, scientists and attorneys argue that the genetic testing being proposed might not be appropriate or worth the effort. They say there's no guarantee the blood actually came from Lincoln's fatal gunshot wound, and they question the historical value of the research and whether such an investigation would violate the medical privacy of Lincoln's living relatives. June 17, 2004 Brailer Says Industry Must Move to Automate, Unveiling Strategic Plan Next Month Speaking yesterday at the National Alliance for Health Information Technology's annual meeting in Chicago, Dr. David Brailer, National Health IT Coordinator at the Department of Health and Human Services (HHS), told attendees, "If the healthcare industry doesn't move quickly to automate, there are politicians in Washington that are itching to have the government regulate all aspects of the market for electronic records." Brailer said that the Bush administration does not want to limit physicians' flexibility to choose products that work best for their practices. Brailer also outlined his four principles for moving forward with a national plan for health IT: supporting the automation of medicine, creating interconnectivity and interoperability to promote greater choice in healthcare, personalizing healthcare, and improving the population's health by shortening the time it takes to translate knowledge into practice, reports American Hospital Association News. Brailer will be unveiling his office's strategic plan during HHS' National Health Information Infrastructure (NHII) annual conference, "NHII 04: Cornerstones for Electronic Healthcare" on July 21. June 11, 2004 Electronic Signature Standard Aims To Speed Document Flow A coalition of biopharmaceutical companies, the leading pharmaceutical industry organization, and government agencies has developed an electronic signature standard to improve the flow of electronic documents throughout the pharmaceutical industry, reports Information Week. The standard, unveiled this week, includes digital-identity technical specifications, policies, and guidelines, and a legal infrastructure developed under the Secure Access For Everyone (SAFE) project. The standard provides legally enforceable digital signatures that meet global regulatory requirements, according to the standard's backers. June 11, 2004 Indian Outsourcers Push to Boost Data Security India's software and outsourcing sectors are trying to improve data protection to please security-conscious clients and to preempt protectionist laws, reports ComputerWorld. US lawmakers often cite security concerns about bank details and medical records being transferred to foreign countries when campaigning against outsourcing. Officials at India's National Association of Software and Service Companies (NASSCOM) plan to encourage Indian companies to share information on back-office workers, create a certification authority for safety, and plug gaps in Indian laws by talking with Europe and the US. June
7, 2004 Healthcare IT Standards Directory Opened to Public
The National Alliance for Health Information Technology opened its
directory of healthcare information technology (HIT) standards to
the public beginning this month. In addition, Alliance member Johnson
& Johnson will underwrite maintenance and expansion costs of
the directory for two years. June 4, 2004 Rep. Markey Introduces Bill to Block Offshoring of Consumers' Personal Data Representative Edward Markey (D-MA), a senior Member of the House Energy and Commerce Committee, and the Co-Chair of the Congressional Privacy Caucus, recently introduced the “Personal Data Offshoring Protection Act of 2004” (H.R.4366). The bill prohibits companies from transferring personal information, including medical records, to any person outside the US without notice and consent. Rep. Markey said, "The off-shoring of high-tech, call center, data processing and analysis, and other technology-dependent service jobs poses a very real danger to the security, confidentiality and integrity of personal financial, medical, and other sensitive information." June 4, 2004 Information Security Association Issues First Stages of Generally Accepted Principles The Information Systems Security Association (ISSA), a not-for-profit association specifically for security professionals, last month unveiled the first two levels of the Generally Accepted Information Security Principles (GAISP) in its initiative to deliver the industry's most comprehensive professional guidance. The published principles offer a framework for an information security program that addresses industry standards, regulations and business objectives. "Information security as an industry is maturing very quickly, but businesses lag behind in understanding it is an enterprise issue instead of a purely technical issue. There has been an urgent need for a common reference that links enterprise security principles to standards and best practices to help guide the development of information security programs," said Jody Westby, Chair of the American Bar Association's Privacy & Computer Crime Committee. "I support the ISSA's initiative to create generally accepted principles that blend the technical, legal, managerial, and operational aspects of information programs." The ABA Privacy & Computer Crime Committee has formed a GAISP Working Group to review the framework and Principles as they are drafted and provide input. The GAISP development plan also includes review periods with other professional organizations as well as a release for public comment to elicit input from a broad range of perspectives. June 3, 2004 Council for Responsible Genetics Launches New Website on Genetics and the Law The Genetics and the Law Project has launched a new website, www.genelaw.info, offering reports and a database of court cases and legislation in genetics. Features of the new website include:
The project is an initiative of the Council for Responsible Genetics, and funded by grants from the California Healthcare Foundation and the Robert Wood Johnson Foundation.
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