Health Information Technology
CMS Announces New Electronic Email Update ServiceThe Centers for Medicare and Medicaid Services (CMS) recently announced a new email update service that delivers Medicare information to fee-for-service providers and others directly to their desks via email. The new service allows you to choose the subjects on which you receive information to have sent to your selected email account. In order to see a full listing of the resources available and to sign up for the email update service, visit the CMS website at www.cms.hhs.gov..
Senate Committee Approves HIT Legislation
The Senate Health, Education, Labor and Pensions Committee (HELP) approved by voice vote the “Wired for Health Care Quality Act” (S. 1693) on June 27. The legislation does the following: requires government purchases of health information technology (HIT) to comply with basic standards and sets forth a mechanism to establish the standards; authorizes funds to create grant and loan programs to assist in the development and adoption of HIT; and, codifies the Office of the National Coordinator for Health Information Technology (ONCHIT), among other things. Similar legislation was approved by both the U.S. Senate and the U.S. House of Representatives in the previous Congress, but the two chambers were not able to resolve their differences prior to the adjourning.
Several physician groups, including the ACOI, have raised questions regarding some provisions of the legislation. Specifically, there are concerns that portions of S. 1693 could result in unintended consequences including, but not limited to, a reduction in the availability of health care services for patients. As a result, the ACOI is continuing to work with legislators, their staffs and other physician organizations to improve the provisions of this legislation.
Legislation Approved to Advance Health Information Technology
The U.S. House of Representatives took an important step in the advancement of health information technology (HIT) by approving the “10,000 Trained by 2010 Act”(H.R. 1467) on Wednesday, June 6. The Act, which is crafted to promote research and training in HIT, authorizes four grants totaling $99.6 million to be administered through the National Science Foundation (NSF). Specifically, the legislation authorizes $37.2 million to improve and expand university HIT education programs, $29.2 million for two-year colleges to expand or create associate degree programs in HIT, $18.6 million for universities to establish centers for informatics research and $14.6 million for basic HIT research. The legislation must be considered by the Senate before it goes to the President’s desk for his signature.
HIT Legislation Considered by US House Subcommittees
Both the U.S. House of Representatives Ways and Means and Energy and Commerce Health Subcommittees have considered and favorably reported the “Health Information Technology Promotion Act of 2005” (H.R. 4157). The legislation was introduced by Representatives Nancy Johnson (R-CT) and Nathan Deal (R-GA). H.R. 4157 would establish in statute the Office of the National Coordinator of Health Information Technology (NCHIT) within the Department of Health and Human Services (HHS) as well as address self-referral and anti-kickback statutes, among other things. Additional consideration of this legislation is expected later this month by the full committees and perhaps the House of Representatives.
H.R. 4157 follows the adoption of the “Wired for Health Care Quality Act” (S. 1418) by the U.S. Senate on November 18, 2005. S. 1418 was introduced by Senators Michael Enzi (R-WY), Edward Kennedy (D-MA) and others. Should the House approve H.R. 4157, the legislative differences of the bills will have to be resolved in a conference committee prior to going to the President’s desk for his signature. For additional information on this or other legislation you may contact Tim McNichol at tmcnichol@acoi.org or by calling toll-free 1-800-327-5183.
U.S. House of Representatives Approves HIT Legislation
The U.S. House of Representatives approved the “Health Information Technology Promotion Act of 2006” (H.R. 4157) by a vote of 270 – 148 with 14 members not voting on July 27. The legislation, among other things, would establish in statute the Office of the National Coordinator of Health Information Technology (NCHIT) within the Department of Health and Human Services (HHS); would require health plans, providers and others to adopt the 10th revision of the International Classification of Diseases (ICD-10) no later than October 1, 2010; would require the development of voluntary guidelines for interoperability by August 31, 2009; and would authorize $20 million a year in fiscal years 2007 and 2008 in grants to help providers adopt information technology.
Approval of H.R. 4157 follows the adoption of the “Wired for Health Care Quality Act” (S. 1418) approved by the U.S. Senate on November 18, 2005. The two bills will now go to a conference committee where efforts will be made to reconcile significant differences in the two bills. Sticking points for the conference committee will include funding for adoption of information technology and conflicting views on privacy.
CMS and OIG Issue Final Rules to Promote Adoption of HIT
The Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued final rules to support the adoption of electronic prescribing and electronic health records technology on August 8, 2006. The rules take effect on October 10, 2006. The final rules create new exceptions to the “Physician Self Referral Act” (commonly referred to as the Stark Law) and safe harbors to the “Anti-Kickback Statute,” two key federal fraud and abuse laws.
The exceptions and safe harbors created in the final rules establish the conditions under which entities may donate to physicians interoperable electronic health records software, information technology and training services. In addition, the exceptions and safe harbors establish the conditions under which hospitals and certain other entities may provide physicians with hardware, software, or information technology and training services necessary and used solely for electronic prescribing. The rules associated with the promotion of electronic prescribing are required by the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) signed into law on December 8, 2003. The electronic health record technology exception and safe harbor will expire on December 31, 2013. For additional information you may contact Tim McNichol at tmcnichol@acoi.org or by calling toll-free 1-800-327-5183
Internal Revenue Service Issues Memorandum on Electronic Health Records
The Internal Revenue Service (IRS) issued guidance pertaining to handling examination and exemption application cases for not-for-profit hospitals that provide financial assistance to staff physicians for the attainment and utilization of electronic health records (EHRs) on May 11. The directive is in response to regulations published by the U.S. Department of Health and Human Services (HHS) in August 2006 that allow hospitals to provide EHR software and technical support to medical staff physicians without violating the federal anti-kickback law and the physician self-referral law. The IRS directive allows not-for-profit hospitals to enter into Health IT Subsidy agreements without jeopardizing their tax-exempt status as long as several conditions are met. For further information, you may visit the IRS website at www.irs.gov/charities/index.html.