Update on Federal Legislation Regarding Health Information Technology Articles / Posted by gga on June 11, 2008 - 10:29 AM |
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The House Energy and Commerce Health Subcommittee on June 4, 2008 held a hearing on a proposed legislation discussion draft entitled Health Information Technology and Privacy [1] (Discussion Draft or Draft Legislation). The Discussion Draft, sponsored by Committee [2]Chair John Dingell (D-Michigan) and ranking member Joe Barton (R-Texas), focuses on the creation of a health information system that is electronically maintained and exchanged between multiple stakeholders. The Senate is considering a similar legislation to promote the use of information technology in healthcare, the Wired for Health Care Quality Act [3] (S. 1693) sponsored by Sen. Kennedy. The House hearing was the first of what will probably be many consultations between stakeholders and Congress. The Discussion Draft aims to codify the Office of the National Coordinator for Health Information Technology (ONCHIT) within the Department of Health and Human Services and to develop a nationwide Health Information Technology (HIT) infrastructure that includes the implementation, standardization and certification of data usage in electronic health records (EHRs).
Standards for Electronic Records The Discussion Draft of the legislation proposes two advisory committees, the Standards Committee and the Policy Committee, to assist ONCHIT in consultation with other appropriate Federal agencies including the National Institute of Standards and Technology (NIST), to establish technical standards, certification criteria and a policy framework. Either by contract or directly, ONCHIT and NIST will develop voluntary data certification programs in accordance with established standards. However, we are in the very early stages of the development of such standards. This week’s hearing was silent on any detail of what those standards should look like, other than to further strengthen privacy and security safeguards. The Discussion Draft also aims to promote the electronic health data standards within Federal agencies. Once adopted by the Government, the goal is to drive the marketplace towards use of those standards. Financial Incentives The Draft Legislation envisions three grant programs: i) direct support for providers who purchase HIT; ii) a loan program for States and Indian Tribes which in turn will provide low interest loans to providers who purchase HIT; and iii) support for local or regional organizations to develop HIT plans. Data Security and Privacy Representative Barton, one of the co-sponsors of the Draft Legislation, stated that while he was the author of its current provisions, he would like to see further debate and additions with regard to data security and privacy. The Draft Legislation attempts to fill in gaps in the information security and privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA). The Draft Legislation aims to extend accountability over data security to include not only HIPAA “Covered Entities” (e.g. providers, health plans, claims processors, etc.) but also their “Business Associates” (e.g. legal service providers, bill collectors, etc.) in addition to Personal Health Record vendors (e.g. Google, Microsoft) and Regional Health Information Organizations. The Subcommittee members and the hearing speakers were generally favorable to the idea of encouraging the birth and development of a robust health information technology infrastructure; however, they insisted that such an infrastructure must be protected by state of the art technology that appropriately maintains privacy. Please stay tuned for further developments on how the proposed legislation may impact standards of data collection and validation of Electronic Health Records. Please contact Derek Dyson [4] for more information.
Disclaimer: This publication has been prepared by Duncan, Weinberg, Genzer & Pembroke, P.C. for informational purposes only, may constitute an advertisement under certain state laws and regulations, and is not legal advice. This information is not intended to create, and receipt of this information does not constitute, an attorney-client relationship.
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This article comes from Duncan, Weinberg, Genzer & Pembroke, P.C. http://www.dwgp.com/ The URL for this story is: http://www.dwgp.com/modules.php?op=modload&name=News&file=article&sid=18 Links in this article [1] http://energycommerce.house.gov/cmte_mtgs/110-he-hrg.060408.HealthITdraft.shtml [2] http://energycommerce.house.gov/cmte_mtgs/110-he-hrg.060408.HealthITdraft.shtml [3] http://www.govtrack.us/congress/bill.xpd?bill=s110-1693 [4] http://www.dwgp.com/mailto:dad@dwgp.com |