CMS & ONC Issue Regs Proposing Definition of Meaningful Use and Setting Standards for EHR
The Centers for Medicare & Medicare Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) encourage public comment on two regulations issued on December 30, 2009 that lay a foundation for improving quality, efficiency and safety through meaningful use of certified electronic health record (EHR) technology. The regulations will help implement the EHR incentive programs enacted under the American Recovery and Reinvestment Act of 2009 (Recovery Act).
A proposed rule issued by CMS outlines proposed provisions governing the EHR incentive programs, including defining the central concept of “meaningful use” of EHR technology.
An interim final regulation (IFR) issued by ONC sets initial standards, implementation specifications, and certification criteria for EHR technology. Both regulations are open to public comment.
- The CMS proposed rule and fact sheets, may be viewed at http://www.cms.hhs.gov/Recovery/11_HealthIT.asp
- ONC’s interim final rule may be viewed at http://healthit.hhs.gov/standardsandcertification
The Recovery Act established programs to provide incentive payments to eligible professionals and eligible hospitals participating in Medicare and Medicaid that adopt and make “meaningful use” of certified EHR technology. Incentive payments may begin as soon as October 2010 to eligible hospitals. Incentive payments to other eligible providers may begin in January 2011.
Meaningful Use for Therapists
So far, recommended meaningful use measures for electronic health records (EHR) have focused on primary care providers. Hopefully, that will change soon after the Health Information Technology (HIT) Policy Committee meets in Washington later this month. At the two-day meeting, the HIT Policy Committee will hear testimony on how meaningful use might affect non-physician practitioners.
Under the American Recovery and Reinvestment Act (ARRA), the Federal Advisory Committee Act (FACA) mandated the creation of the HIT Policy Committee. This committee is charged with making recommendations to the National Coordinator for HIT on issues pertaining to health information technology.
CCHIT to Seek EHR Vendor Input on Town Call Meeting
The Certification Commission for Health Information Technology (CCHIT®), a nonprofit organization with the public mission of accelerating the adoption of health IT, will host a Town Call tomorrow for the vendor and developer community tomorrow. Chart Links Chief Operating Officer, Jim Hammer, will participate. On the call, CCHIT will gather input on the details and timing of its planned new paths to certification of electronic health record (EHR) technologies, with the goal of supporting more rapid, widespread adoption and meaningful use under the American Recovery and Reinvestment Act of 2009 (ARRA).
“We are concerned that providers could not achieve meaningful EHR use in 2011 if they wait until Spring 2010 – the expected date of HHS final approval of requirements – to begin adopting this technology,” said Mark Leavitt, M.D., Ph.D., Commission chair. “CCHIT has analyzed the recommendations of the Federal HIT Advisory Committees and is preparing to offer new paths to certification beginning this October.”
Besides updating and enhancing its current certification program for comprehensive EHRs in Ambulatory, Inpatient, and Emergency Department settings, the Commission plans to launch a more limited, modular inspection program for EHR technology, focusing only on compliance with ARRA-required standards.
During the event, planned for September 3 at 12:00 PM Central time, concepts and some details of these two programs will be discussed. Participants will be invited to submit questions and comments online, and respond to polling regarding their interest and readiness for participation in the process.
Information about the free Town Call is available at http://www.cchit.org/about/towncalls/commission-seeks-input-2009.
More information on CCHIT and CCHIT Certified® products is available at http://cchit.org and http://ehrdecisions.com.
Therapists Now Required to Notify Individuals of Health Information Breaches
The U.S. Department of Health and Human Services (HHS) has issued a rule requiring that individuals be notified of breaches of their health information.
These “breach notification” regulations implement provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as part of the American Recovery and Reinvestment Act of 2009 (ARRA).
The regulations, developed by the HHS Office for Civil Rights (OCR), require health care providers and other HIPAA covered entities to promptly notify affected individuals of a breach, as well as the HHS Secretary and the media in cases where a breach affects more than 500 individuals. Breaches affecting fewer than 500 individuals will be reported to the HHS Secretary on an annual basis. The regulations also require business associates of covered entities to notify the covered entity of breaches at or by the business associate.
The regulations were developed after considering public comment received in response to an April 2009 request for information and after close consultation with the Federal Trade Commission (FTC), which has issued companion breach notification regulations that apply to vendors of personal health records and certain others not covered by HIPAA.
To determine when information is “unsecured” and notification is required by the HHS and FTC rules, HHS is also issuing in the same document as the regulations an update to its guidance specifying encryption and destruction as the technologies and methodologies that render protected health information unusable, unreadable, or indecipherable to unauthorized individuals. Entities subject to the HHS and FTC regulations that secure health information as specified by the guidance through encryption or destruction are relieved from having to notify in the event of a breach of such information. This guidance will be updated annually.
The HHS interim final regulations are effective 30 days after publication in the Federal Register and include a 60-day public comment period. For more information, visit the HHS Office for Civil Rights web site at http://www.hhs.gov/ocr/privacy/
No Final Definition of EHR Meaningful Use until Spring of 2010
We’ve been anxiously awaiting a final definition for “meaningful use” of electronic health records (EHR) to determine which hospitals and providers will be eligible for Medicare and Medicaid incentive payments under the American Recovery and Reinvestment Act of 2009. However, in a press conference on August 20th, Dr. David Blumenthal, the national coordinator for health information technology, predicted that the final definition will not be available until the middle or end of spring in 2010. A preliminary definition of “meaningful use” is scheduled to be issued by the end of 2009 with a 60-day comment period.