Monday, January 08, 2007

New Congress, Same IT Issues

New Congress, Same I.T. Issues
By Joseph Goedert
(January 2007) With the 110th Congress starting work this month will come a renewed push to get health care information technology legislation through the House and Senate.
Many of the existing I.T. advocates in the two chambers remain, but the power centers have switched with Democrats now in charge.
For instance, Rep. Pete Stark (D-Calif.) will chair the House Ways and Means health subcommittee. Stark has been an ally of the health I.T. industry but not supportive of proposals to broaden the Department of Health and Human Services' rules to permit the donation of I.T. to physicians,
Donald Asmonga, director of government relations at the American Health Information Management Association in Chicago, expects Stark and other Democrats to push for deadlines for implementation of interoperable electronic medical records software, more aggressive enforcement of privacy protections and funding for that task, and more federal grants and other financial incentives to accelerate I.T. adoption.
But increased I.T. funds aren't guaranteed. Democrats have pledged to pay for new spending with budget cuts elsewhere or increased revenue. "You have to be careful about going down the road giving away money when you have to balance everything," explains Ann Berkey, vice president of public affairs at San Francisco-based McKesson Corp.
Watch for Stark to push to make the Veterans Administration's VistA electronic medical records software available for public use, Asmonga says. He also believes Democrats will attempt to require informed patient consent for the release of health information and continue to oppose a uniform privacy standard that preempts stronger state laws. But he cautions that could change with Democrats' new status on Capitol Hill. "When you get in the majority, it changes your outlook on everything."
Democrats may, however, seek to expand the HIPAA privacy rule to cover personal health records, notes Steve Wojcik, vice president of public policy at the National Business Group on Health in Washington.
Of all the health care legislation before Congress in the last session that will come back again, health I.T. is one of the least affected by which party is in control because it has the most bipartisan support, Wojcik says.
Still not easy
But despite support from the Bush administration and major congressional players from both parties in both houses, I.T. legislation didn't get through last year and won't be a cakewalk in 2007, observers say. "I'm not thinking the dynamics will change that much," Berkey says.
One way to remove an obstacle to passing legislation is to keep out language that would amend the new HHS donation rules and wait a year or two to see how the rules work out. "I don't think there will be an appetite to change what HHS has done so far," says Hugh Zettel, director of government and industry relations of the Integrated IT Solutions division at GE Healthcare, Waukesha, Wis.
If the rules are changed, Zettel believes there may be efforts to wave the required 15% physician payment for the value of donated technology if physicians participate in a health information exchange.
Another major sticking point in 2006 legislation-mandated implementation of the ICD-10 code set-won't be going away this year.
The House-passed bill in 2006 included language to mandate ICD-10 by October 2010 and the Senate-passed bill did not address the issue.
However, many physician and payer organizations are pushing for implementation by October 2012, and their influence, particularly the Blue Cross and Blue Shield Association, remains strong. "The Blues won't lose clout because they're so darn big," Asmonga says.
Observers say there will be plenty of members of both parties and in both chambers that likely will take leadership roles in pushing health I.T.
In the Senate, watch for Thomas Carper (D-Del.) to introduce legislation to offer personal health records to all federal employees, and for Sam Brownback (R-Kan.) to push for creation of independent health records banks.
Other Senate I.T. players likely will include Hillary Clinton (D-N.Y.); health committee leaders Edward Kennedy (D-Mass.) and Michael Enzi (R-Wyo.); and finance committee leaders Max Baucus (D-Mont.) and Chuck Grassley (R-Iowa).
House members expected to play roles include Stark, Patrick Kennedy (D-R.I.), Tim Murphy (R-Pa.), John Dingell (D-Mich.), Henry Waxman (D-Calif.), Frank Pallone (D-N.J.) and Jim McCrery (R-La.).

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