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3 posts from May 2009

05/07/2009

"Massive" Expansion of HIPAA Expected from Stimulus Package

Health information privacy provisions included in the federal stimulus package amount to a "massive" expansion of HIPAA, said a Milwaukee lawyer participating in a conference discussion about its legal and financial implications.  Mark Garsombke, a shareholder in Milwaukee-based Whyte Hirschboeck and chairman of the firm's HIPAA practice group, said the new health privacy provisions, included in the HITECH Act embedded within the stimulus bill, apply HIPAA regulations beyond health care providers to the outside accountants, lawyers and others professional they engage.

There is also a requirement included in the legislative, Mr. Garsombke said, that would require health care professionals and their business associates to notify a patient if his or her health record becomes "unsecured."  It also contains what Mr. Garsombke called "shaming provisions" that require providers to notify the media and their state health department if more than 500 health records are breached.

Mr. Garsombke said that business associates, as outside service providers are called under HIPAA, now must act like the health care providers or plans they work for in terms of HIPAA.  Health care providers and plans may like these provisions because they will force business associates to be more careful, Mr. Garsombke said.  But it also may create a burden for them because they may have to redo the agreements they have with their outside consultants regarding the personal health information to which their work exposes them.

Mr. Garsombke began the discussion with an overview of the American Recovery and Reinvestment Act's (ARRA) HIT provisions.  There are five key elements of these provisions, including promotion of electronic health records (EHR), creation of standards for the use and exchange of health information, and grant, loan and incentive funding to drive the adoption of EHRs.

Mr. Garsombke also said the stimulus package includes funding for Medicare incentive payments.  These payments will be made based on the adoption and use of EHRs.  Health care providers, however, must meet the definition of "meaningful use" of EHRs to qualify for the payments.

Dan Miller, a Whyte Hirschboeck lawyer who led the panel, reinforced the points made earlier about the Medicare incentives.  Once a provider gets to 2015, Mr. Miller said, its reimbursement will decline if EHRs are not implemented and being used.

Dr. Charles Kennedy, a panelist who is vice president of HIT at WellPoint Inc., said that Congress "split the difference" as it deliberated on the ARRA between stimulating the economy and driving the adoption of HIT, most notably EHRs.  Denise Webb, the state eHealth program manager, said there is significant variation in the adoption of EHRs by physicians across Wisconsin.  Among the state's rouhgly 15,000 physicians, 63 percent are in group practices of more than 100 physicians.  Ninety-five percent of those physicians have access to EHRs.  The percent of physicians with access to EHRs in medium and small group practices is significantly lower, as low as 10 percent in some cases, Ms. Webb.

As the discussion turned to the conference audience, Mr. Garsombke said that he believes provisions the HITECH Act may mean that HIPAA regulations may be enforced more vigorously.  Regulators, Mr. Garsombke said, already are becoming more aggressive.  Dr. Kennedy said in a follow to Mr. Garsombke's comments that Google and Microsoft are using their new personal health record solutions to get around HIPAA compliance.  Mr. Garsombke said that PHRs would seem to be outside of HIPAA requirements, but still might face enforcement actions from the Federal Trade Commission for a breach of records violation.

GE announces $6B healthcare initative

GE announced that it will spend $3 billion over the next six years on healthcare innovation that will help deliver better care to more people at lower cost. In addition, the company will commit $2 billion of financing and $1 billion in related GE technology and content to drive healthcare information technology and health in rural and underserved areas. These investments are the foundation of GE's healthymagination initiative, which is built on the global commitments of reducing costs, improving quality and expanding access for millions of people.


05/06/2009

The Conference Begins

The conference has begun with a terrific challenge from Peter Strombom, a conference co-chairman.  Peter's thesis is that no one knows all of what is available today in health care IT, nor does anyone know what will be available to us in the future.  These are questions the co-chairman hopes will play a large part in the discussions this afternoon and tomorrow.

Mike Klein has included in his opening remarks a statement about a social networking site I've been scratching my head about recently.  Mike commented on reports within the past few days that only 30 percent of those who register on Twitter come back after 30 days.  Since not too long after I registered on Twitter, I've wondered about its utility.  It seems to make sense for organizations like newspapers and web sites that want to drive traffic to their sites.  But for Joes like me, the utility of Twitter is far cloudier.

Dr. Barry Chaiken, the other conference chairman, has taken the podium to speak about Twitter and other social networking tools.  He cites technological and sociological differences between the United States and Europe to explain the difference in social networking usership from one shore of the Atlantic to the other.

Dr. Chaiken is now talking about how he's using social networking in the creation of a new worldwide organization called the Global Health Alliance.  The alliance was organized to share medical images and other clnical content and case information.  Social networking is helping to shape and drive the collaboration.  He's now displaying the portal--www.medting.com--through which this collaboration is occuring.  It looks easy to use and information rich.

Dr. Chaiken is now making very interesting comments about how the cultural norms of social networking have not been established.  Is commerical activity acceptable on Twitter and Facebook?  How deep into your network will you go for an introduction?  These and other rules are still being made.  It strikes me through my own experience with social networking that the lack of these rules is part of the reason that those tools fall flat on their faces for some, if not many, of us.

Mike has just asked Dr. Chaiken about the role of social media in communication about the H1N1 pandemic.  Dr. Chaiken believes that not all of the cases that have been discovered worldwide would have been known without social networking.  This has very important epidemiological advantages for the global response.  The bad side, however, of social and online media is that there is no regulator of what is true.  Many people, Dr. Chaiken said, will not eat pork in fear of catching the swine flu, even though there is not evidence the disease can be caught through pork consumption.

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