April 16, 2010 - Advocacy Corner

Final Approval of Fix for EPs. Last evening, President Obama signed legislation (HR 4851) that temporarily extends unemployment benefits, delays a scheduled Medicare payment cut until May 31 and ensures that physicians who practice in hospital-owned outpatient facilities can qualify for health information technology incentives under the American Recovery and Reinvestment Act. Support for the unemployment benefits extension was bipartisan by a Senate vote of 59-38 that included Senators Collins (ME), Snowe (ME) and Voinovich (OH). The House measure passed 289-112 with 49 Republicans voting in favor.

The status of hospital-based physicians, however, is just one of many troublesome issues in the proposed CMS Rules. Recent bipartisan “Dear Colleague” Letters signed by House and Senate members and directed to CMS have focused on the need for more realistic timeframes and flexibility in quality measures reporting. To underscore these points, AHA sponsored ads in this week’s Roll Call and Politico newsletters, declaring that there is [a] “Health Care Solution Democrats & Republicans Can Agree On [,] But a Proposed CMS Rule Could Get In the Way.”

Data Breach Information Subject of OCR Notice. Earlier this week, the Office of Civil Rights (OCR) published a notice in the Federal Register that explains how it intends to handle reported breaches of private health information. The rule requires notification to OCR within 60 days of any breaches that affect 500 or more patients. The Program Information Management System (PIMS) used by OCR to report breaches will now be used to collect and publicize information on large breaches; gather reports on smaller breaches; and distribute information needed for breach investigations, congressional reports and training materials. The modified uses of PIMS will become effective following a 40-day comment period beginning April 13, unless OCR receives comments that require alterations.

Expansion of Meaningful Use Eligibility Proposed. In recognition of the broad continuum of care, 21st Century Healthcare Caucus Co-chairs Reps. Patrick Kennedy (D-RI-1) and Tim Murphy (R-PA-18) introduced HR 5025 to expand eligibility for meaningful use incentives to behavioral, mental health, and substance abuse treatment providers. “The Health Information Technology Extension for Behavioral Health Services Act, “ said Kennedy,….”acknowledges what was established with the passage of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act – that we need to treat illnesses of the brain just as we would ailments of any other part of the body.”

Rep. Murphy, a psychologist, added, “Delivering health IT to mental and behavioral providers bridges the care for those with mental and physical illness.” ...“To best diagnose and treat patients, mental health professionals need complete, up-to-date medical histories.” Original sponsors of the bill, Kennedy, Murphy, Gene Green (D-TX-29), and Alcee Hastings (D-FL-23), are seeking additional cosponsors as means to build support for the measure.

CHIME StateNet and ALT Meeting Planned During NHIT Week. National Health IT Week--June 14-18, 2010, in Washington, DC—once again brings Health IT policy stakeholders together. The timing could not be better with expected release of final CMS and ONC rules and passage of health reform. CHIME is taking this opportunity to convene the first in-person meeting of StateNet Coordinators with ALT members on Wednesday, June 16. Scheduled prior to the HIMSS Policy Summit, this meeting will focus on how CIOs in various states are organizing and sharing information to leverage HITECH funding. A policy briefing on CMS and ONC Rules is also planned. There is no cost to attend this event, but you must register. Watch your email for details soon.