[Med-privacy] legislation

[peter marshall]

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Health Information Technology (HIT) Bills:

Several HIT bills are currently pending before the House and Senate.=A0=20=

They include:

HIT Draft Discussion Bill

On May 22, Representatives John Dingell (D-MI), Chairman of the House=20
Committee on Energy and Commerce; Joe Barton (R-TX), Ranking Member of=20=

the Committee on Energy and Commerce; Frank Pallone, Jr., (D-NJ),=20
Chairman of the Subcommittee on Health, and Nathan Deal (R-GA), Ranking=20=

Member of the Subcommittee on Health released draft legislation for=20
discussion to integrate the role of the federal government in health=20
information technology (HIT), and strengthen privacy protections in the=20=

use of electronic information.=A0 The draft bill would require the=20
permanent establishment of the Office of the National Coordinator of=20
Health Information (ONCHIT), which was created in an April 2004=20
executive order by President Bush.=A0 Among other provisions, the=20
discussion draft establishes two federal advisory committees for expert=20=

stakeholders to offer input and assist ONCHIT in the development and=20
implementation of a nationwide HIT system; and provides patients with=20
greater ability to know where and when their protected health=20
information is released to other parties.=A0 Providers would also be=20
required to remove identifying information from their patients=92=20
records, such as names and Social Security numbers, before the records=20=

could be shared with other providers.


Wired for Health Care Quality Act

Although the Senate Health, Education, Labor and Pensions Committee=20
approved the =93Wired for Health Care Quality Act,=94 (S. 1693) in =
August=20
2007, the legislation has not moved further due to concerns over=20
privacy issues.=A0 Senators Edward Kennedy (D-MA) and Michael Enzi =
(R-WY)=20
originally introduced the bill.=A0 S. 1693 authorizes annual allocations=20=

for two years for matching grants and loans to providers, in order to=20
assist them in purchasing qualified health information technology.=A0 =
The=20
bill also creates a public-private Partnership for Health Care=20
Improvement that would advise the Secretary of Health and Human=20
Services (HHS) on how to obtain a nationwide interoperable HIT=20
infrastructure; recommends standards and criteria for exchanging=20
electronic information; and develop a corresponding schedule for=20
assessing standards and implementation details.=A0 In addition, the=20
legislation requires operators of health information electronic=20
databases to adhere to privacy regulations, although it relies upon the=20=

inadequate protections found in the Health Insurance Portability and=20
Accountability Act (HIPAA) in order to address improper disclosures of=20=

health information.=A0=A0 Lastly, the bill would allow individuals the=20=

right to review and obtain a copy of their electronically formatted=20
protected health information.=A0

Just this month, Senator Olympia Snowe (R-ME) offered an amendment to=20
the bill that would provide added privacy protections for patient=20
health records.=A0 Among other provisions, the Snowe Amendment imposes=20=

fines on entities that improperly disclose patient health information,=20=

if they do not provide notice to the affected individual within 30=20
days.=A0 However, the Amendment does not address penalties for =
improperly=20
disclosing information in those instances where the provider does=20
provide notice to the affected person(s).=A0 Additionally, the amendment=20=

increases the number of consumer representatives to HIT advisory=20
boards.

Personalized Health Information Act of 2007

The =93Personalized Health Information Act of 2007,=94 (H.R. 1368) is=20
currently pending before the House Energy and Commerce Committee=92s=20
Subcommittee on Health.=A0 Representative Patrick Kennedy (D-RI)=20
introduced the bill in March 2007.=A0 The bill would require the=20
Secretary of HHS to establish a program to provide financial incentives=20=

for Medicare patients and their providers to use personal health=20
records and to give patients and their representatives access to=20
personal health data and information.=A0 The legislation also creates a=20=

patient-controlled web-based personal health record, and sets minimum=20
security, data use, and privacy standards for these records.

=A0[NHeLP]=

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<italic><fontfamily><param>Times New Roman</param>Health Information
Technology (HIT) Bills:


</fontfamily></italic><fontfamily><param>Times New Roman</param>Several
HIT bills are currently pending before the House and Senate.=A0 They
include:


HIT Draft Discussion Bill


On May 22, Representatives John Dingell (D-MI), Chairman of the House
Committee on Energy and Commerce; Joe Barton (R-TX), Ranking Member of
the Committee on Energy and Commerce; Frank Pallone, Jr., (D-NJ),
Chairman of the Subcommittee on Health, and Nathan Deal (R-GA),
Ranking Member of the Subcommittee on Health released draft
legislation for discussion to integrate the role of the federal
government in health information technology (HIT), and strengthen
privacy protections in the use of electronic information.=A0 The draft
bill would require the permanent establishment of the Office of the
National Coordinator of Health Information (ONCHIT), which was created
in an April 2004 executive order by President Bush.=A0 Among other
provisions, the discussion draft establishes two federal advisory
committees for expert stakeholders to offer input and assist ONCHIT in
the development and implementation of a nationwide HIT system; and
provides patients with greater ability to know where and when their
protected health information is released to other parties.=A0 Providers
would also be required to remove identifying information from their
patients=92 records, such as names and Social Security numbers, before
the records could be shared with other providers.



Wired for Health Care Quality Act


Although the Senate Health, Education, Labor and Pensions Committee
approved the =93Wired for Health Care Quality Act,=94 (S. 1693) in =
August
2007, the legislation has not moved further due to concerns over
privacy issues.=A0 Senators Edward Kennedy (D-MA) and Michael Enzi
(R-WY) originally introduced the bill.=A0 S. 1693 authorizes annual
allocations for two years for matching grants and loans to providers,
in order to assist them in purchasing qualified health information
technology.=A0 The bill also creates a public-private Partnership for
Health Care Improvement that would advise the Secretary of Health and
Human Services (HHS) on how to obtain a nationwide interoperable HIT
infrastructure; recommends standards and criteria for exchanging
electronic information; and develop a corresponding schedule for
assessing standards and implementation details.=A0 In addition, the
legislation requires operators of health information electronic
databases to adhere to privacy regulations, although it relies upon
the inadequate protections found in the Health Insurance Portability
and Accountability Act (HIPAA) in order to address improper
disclosures of health information.=A0=A0 Lastly, the bill would allow
individuals the right to review and obtain a copy of their
electronically formatted protected health information.=A0


Just this month, Senator Olympia Snowe (R-ME) offered an amendment to
the bill that would provide added privacy protections for patient
health records.=A0 Among other provisions, the Snowe Amendment imposes
fines on entities that improperly disclose patient health information,
if they do not provide notice to the affected individual within 30
days.=A0 However, the Amendment does not address penalties for
improperly disclosing information in those instances where the
provider does provide notice to the affected person(s).=A0 Additionally,
the amendment increases the number of consumer representatives to HIT
advisory boards.


Personalized Health Information Act of 2007


The =93Personalized Health Information Act of 2007,=94 (H.R. 1368) is
currently pending before the House Energy and Commerce Committee=92s
Subcommittee on Health.=A0 Representative Patrick Kennedy (D-RI)
introduced the bill in March 2007.=A0 The bill would require the
Secretary of HHS to establish a program to provide financial
incentives for Medicare patients and their providers to use personal
health records and to give patients and their representatives access
to personal health data and information.=A0 The legislation also creates
a patient-controlled web-based personal health record, and sets
minimum security, data use, and privacy standards for these records.


</fontfamily>=A0[NHeLP]=

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