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Key Issues in Privacy and Security for 2010

Next year should be interesting. From Red Flag compliance, federal breach reporting requirements, significantly augmented HIPAA penalties, and HIPAA security standards that are based on NIST guidelines will change the traditional compliance model for Covered Entities and Business Associates. Hot topics for enforcement next year (based on recent CMS audits of their business partners) will likely be in the areas encryption of portable media devices, remote access by employees to protected health information, and failure to document a rational risk management [...]

Open Source Programmers Collaborate To Improve the CONNECT Gateway

On August 27th open source programmers met at HHS to work on developing CONNECT, an open-source solution, written in Java, for the development and implementation of HIE gateways and interfaces to join NHIN and/or interface multiple systems with incompatible communication protocols. The goal of an HIE is to facilitate access to and retrieval of clinical data to provide safer, more timely, efficient, effective, equitable, patient-centered care. HIEs are also useful for public health authorities to assist in analysis of the health of a population. Federal Health Architecture is intended to deliver free, scalable solution to help organizations to tie health information systems into the NHIN. Thus far the project has yielded at least one success (outside of the federal government) where data have been successfully transferred between a civilian hospital and the [...]

HITECH Grant Opportunities for Regional HIT Centers and HIE Cooperatives

The Office of the National Coordinator for Health Information Technology (ONC) has recently release more information on two grant programs. The HITECH Act authorizes two grant programs: (1) a Health Information Technology Extension Program (Extension Program) and (2) the State Health Information Exchange Coopertive Agreement Program (Agreement Program). This program provides grants for the establishment of Health Information Technology Regional Extension Centers that will offer technical assistance, guidance and information on best practices to support and accelerate health care providers’ efforts to become meaningful users of Electronic Health Records (EHRs). The consistent, nationwide adoption and use of secure EHRs will ultimately enhance the quality and value of health care. The State Health Information Exchange Cooperative Agreement Program supports states and/or State Designated Entities (SDEs) in establishing health information exchange (HIE) capacity among health care providers and hospitals in their [...]

Are ONC’s Meaningful Use Requirements Workable?

Office of the National Coordinator (“ONC”) for Health Information Technology health IT policy committee voted on July 16, 2009 to accept itsworkgroup’s matrix of qualifications that will be used to define “meaningful use” of health IT. Compliance with ONC’s definition of “meaningful use” is essential to reimbursement bonuses and avoiding penalties under the American Recovery and Reinvestment Act of 2009 (ARRA). Bonuses will begin in 2011 (maximum bonus payments for the implementation of a qualified EHR can be collected where an EHR is implemented no later 2012) thereafter the amount of bonus payments will be reduced with each subsequent year. Penalties will begin accruing 2017 for Medicare and Medicaid providers who have failed to implement a qualified EHR. A qualified EHR under ARA is essentially an EHR that meets the Government’s tortured definition of meaningful [...]

Health Information Technology Public Utility Act of 2009 Would Facilitate the Adoption of Open Source EMR Solutions

On April 23rd Senator John Rockefeller IV introduced the Health Information Technology Public Utility Act of 2009 to to build upon open the source electronic health record (eleconic medical record) solution developed by the Department of Veterans Affairs (called VistA) and other open source software (e.g. OpenEMR). Unlike proprietary “closed source” software solutions, open source software allows unrestricted access to the source code and does not prohibit the use or re-distribution of [...]

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