Congressional Status: House: In Session Senate: In Session Volume III, Issue I

Inside this issue: New Session, New Problems January 4, 2016 OCR Issues HIPAA Guid- 2 not plan to hold votes on any ance Congress gaveled back into session today for one of the big Republican policy plans. ONC Task Force Considers 2 EHR Rating Tool shortest legislative sessions in In addition to the short time in recent memory. Members of President Vetoes ACA 2 DC, the Republican majority Repeal Congress will be in DC approx- still faces challenges to govern- imately 1/3 of the year. The ing as the many factions within The Era of Realignment? 3 rest of their time will be spent the caucus struggle over the Congress started the second session of 3 More Legislators Announce on the campaign trail or back in direction of the caucus. the 114th Congress today. Retirement their districts interacting with Some legislation is currently mer. This legislation will likely Administration Promises 4 constituents. pending; the Senate is working “Nontraditional” SOTU include several sections cover- So what can Congress possibly on its own version of the 21st ing health IT. Committee Investigates 4 get done in 2016? The answer Century Cures bill that the NSA Spying Ultimately, the biggest factor remains to be seen but we’re House passed in 2015. That affecting this session will be the keeping our expectations low. legislation will need to be fin- election. Congressional incum- This despite Speaker of the ished by Memorial Day to go bents do not want to take posi- House Paul Ryan’s (R-WI) through the conference commit- tions on legislation that could statement that he wants to “go tee process and get to the Presi- be used against them in their big on ideas” in 2016. Accord- dent’s desk before campaign campaigns. ing to Politico, House leaders do season heats up over the sum-

CMS Announces Updated PQRS Timeframes Special points of interest: January 4, 2016  Healthcare News! The Centers for Medicare and must submit their data  GPRO Web Interface— Medicaid Services (CMS) re- between 1/1/2016 and  Capitol Hill News! 1/18/2016—3/11/2016. leased updated submission 2/29/2016.  Executive Branch News! timeframes for 2015 Physician  Qualified Registries— Quality Reporting System  EP’s using Qualified Clini- 1/1/2016—3/31/2016  Judiciary News! (PQRS) data today. cal Data Registries (QCDRs) must submit  Q C D R s — 1 / 1/ 2 0 1 6 —  Budget News!  Eligible Providers report- data between 1/1/2016 3/31/2016 ing via EHR Direct or and 2/29/2016.  Capitol Hill Gossip! Data Submission Vendor View information on the 2016 PQRS at aaoe.net/PQRS. Page 2 Coffey Talk From the Hill OCR Issues HIPAA Guidance January 7, 2016 The Office of Civil Rights ords; billing and payment rec- excluded from the “Right of (OCR) in the Department of ords; insurance information; Access.” Additionally, psycho- Health and Human Services clinical laboratory test results; therapy notes maintained sepa- (HHS) has issued new guidance medical images, such as X-rays; rately from a patient’s medical to clarify how patients can ac- wellness and disease manage- record and “information com- cess their health information ment program files; and clinical piled in reasonable anticipation under HIPAA. Under this guid- case notes; among other infor- of, or for use in, a civil, crimi- ance, HHS details that patients mation used to make decisions nal, or administrative action or have a right under the Privacy about individuals.” Covered proceeding are excluded from Rule (which enforces HIPAA) entities are not however, re- the right of access. to access their “protected health quired to create new infor- information” that is maintained Covered entity’s may require mation that does not already by a HIPAA covered entity. written requests from the pa- exist in the designated record tient or his/her representative Under this guidance, HIPAA set. but may not impose covered entities are required to Information not pertaining to “unreasonable measures”, ac- provide access to “medical rec- the requesting patient’s care is cording to the guidance.

ONC Task Force Considers EHR Rating Tool January 8, 2016 The Certified Technology Com- vider community with one phy- The task force was created last parison Task Force of the Of- sician arguing that the service year under direction from Con- fice of the National Coordina- would be a waste of time and gress and is tasked with tor for Health IT (ONC) unhelpful to providers in large “providing recommendations An ONC task force has reached consensus today that practices or health systems. on the benefits of, and re- recommended the the agency should create a tool These providers, argued Dr. sources needed to develop and creation of a tool to rate to allow providers to compare Doug Ashinsky, have little con- maintain, a certified health IT EHR systems. EHR systems, according to trol over the type of EHR they comparison tool.” There is Politico. The tool would be tar- use since professional IT staff currently legislation in the Sen- geted primarily towards physi- typically choose the EHR. ate that would require the crea- cians who have yet to adopt an However, the tool could be tion of a system to allow pro- EHR. useful to small independent viders to rate EHRs. practices without a dedicated The news has been met with a The task force will release final IT staff. mixed response from the pro- recommendations on Jan. 19.

President Vetoes ACA Repeal January 8, 2016

Republicans in Congress prom- ACA with his veto of HR of millions of Americans, it has ised to send President Obama a 3762—Restoring Americans’ earned my veto." repeal of the Patient Protection Healthcare Freedom Reconcili- The veto is hardly a surprise, and Affordable Care Act ation Act of 2015. "Republicans the President was never likely (ACA). Republicans made in the Congress have attempted to sign a bill repealing his signa- good on that promise on to repeal or undermine the Af- ture legislative achievement but Wednesday. fordable Care Act over 50 Republicans are hoping to use times," the President said in a President Obama made good the veto against Democrats in statement. "Because of the on his promise to veto any leg- the upcoming elections. harm this bill would cause to islation attempting to repeal the the health and financial security Volume III, Issue I Page 3

The Era of Realignment? January 9, 2016

The New York Times has inter- have to go back to Ford versus primary season. then my side of the party has to viewed more than 50 “leaders, Reagan in 1976. But that was re-evaluate who we are, what This begs the question, will the activists, donors, and voters” of only two people.” we stand for, and I’d be willing Republican Party be the same the Republican party to deter- to do that,” Senator Lindsey The 2016 has brought out these coming out of this election as it mine the state of the GOP and Graham (R-SC) told The New divisions more than any other was going in? The Republican the results are bleak for the York Times. “But if Trump or election in the past decade as Party could be going through second oldest major political Cruz loses the presidency, the party’s base has thrown its what political scientists call a party in the United States. The would their supporters re- support to Donald Trump and realignment in which the elec- problem at hand involves the evaluate their views on immi- Senator Ted Cruz (R-TX). Es- toral makeup of a political party widening disconnect between gration and other issues that tablishment Republicans have changes dramatically. establishment Republicans and would grow the party? If they shunned the party’s top two the grassroots party members. While it is too early to know if do that, we can come back to- candidates (some engaging in this election will lead to a rea- gether. If they don’t, the party “I haven’t seen this large of a downright hostility), as an ex- lignment, establishment Repub- probably splits in a permanent division in my career,” Senator ample neither candidate has the licans are worried. “If Trump way.” John McCain (R-AZ) told the support of a senator or gover- or Cruz wins the White House, newspaper. “You probably nor heading into the caucus and

More Legislators Announce Retirement January 6, 2016

Former Speaker of the House Benishek (R-MI), Barbara Box- Pitts (R-PA), Charles Rangel John Boehner (R-OH) may be er (D-CA), Lois Capps (D-CA), (D-NY), Harry Reid (D-NV), the most high profile retirement Dan Coats (R-IN), Sam Farr (D David Vitter (R-LA), Lynn of the 114th Congress but he is -CA), Michael Fitzpatrick (R- Westmoreland (R-GA), Ed A number of legislators hardly the only member that PA), Chris Gibson (R-NY), Whitfield (R-KY). will be retiring this year will not be returning to the hal- Richard Hanna (R-NY), Ruben Many of these retirements are making way for new lowed halls of the Capitol. In- Hinojosa (D-TX), Robert Hurt in reliably safe districts for the representation in 24 deed 24 Members of Congress (R-VA), Steve Israel (D-NY), incumbent party but some will not be running for re- John Kline (R-MN), Cynthia constituencies. could change. Depending on election in 2016, this includes Lummis (R-WY), Jim McDer- voter turnout for the presiden- 15 Republicans and nine (9) mott (D-WA), Barbara Mikul- tial election, districts could find Democrats. ski (D-MD), Candice Miller (R- themselves with a new party MI), Randy Neugebauer (R- These members include: Dan representing them. TX), Rich Nugent (R-FL), Joe

Capitol Visitors Center Upgrades Security January 8, 2016

Visiting the Capitol is about to the newspaper if the installa- plastics, ceramics and other become more secure, according tions are part of extra security potentially hazardous substanc- to Roll Call. Reporters for the measures put in place for Presi- es.” Capitol Hill newspaper report dent Obama’s State of the Un- A statement from Capitol Po- that Capitol Police are in- ion address on January 12. The stalling full body scanners in machines are similar to devices lice reads: “The United States the Capitol Visitor Center, the used to screen passengers going Capitol police are constantly assessing and reassessing our gateway that tourists enter the through airport security. They The Capitol Visitor’s Center. Capitol. are designed to identify security measures to keep the “metallic and non metallic Congressional community Capitol Police would not tell weapons, explosives, liquids, safe.” Page 4 Coffey Talk From the Hill Administration Promises “Nontraditional” SOTU January 9, 2016 The White House has promised Dodd-Frank Wall Street re- Likewise, Dr. Donna Hoffman, that this year’s State of the Un- form. This defense will likely professor of political science at ion will be “non-traditional.” help the eventual Democratic the University of Northern Io- Aides of President Obama sug- nominee justify a continued wa tells The Hill: ““By trumpet- gest that the speech will likely Democratic presence in the ing his accomplishments, many focus on the few remaining White House. of which are basically red flags policy priorities of the Obama to the Republican base, he is Administration (Trans-Pacific “If he uses the State of the Un- basically is saying ‘I want my Partnership and criminal justice ion to bring that together and legacy to be carried on and who reform) but the majority of the offer a powerful illustration of best to carry it on than some- President Obama’s staff has speech will focus on “defining his record, it’s not a case for body who will continue to carry promised that this year’s the narrative of his presidency”. Obama, it’s a case for why state of the union will be forward the Affordable Care “non-traditional”. Democrats should stay in pow- This will mean defending the Act.” er,” Julian Zelizer, professor of signature achievements of his public affairs at Princeton Uni- Major network coverage of the presidency including the Af- versity told The Hill. State of the Union will begin at fordable Care Act and the 9:00 pm ET on January 12. Committee Investigates NSA Spying January 1, 2016 The intelligence community has allegations are true, and wheth- dures are followed.” once again found itself in hot er the IC [intelligence commu- The allegations have even made water with Congress. This time nity] followed all applicable their way into the presidential after a Wall Street Journal story laws, rules, and procedures.” campaign with Senator Marco alleged that the National Secu- Congressional committees The Senate Select Committee Rubio (R-FL) using them to rity Agency (NSA) collected on Intelligence did not provide criticize the Obama Admin- are investigating whether conversations between Mem- comment on the WSJ allega- istration’s stance on Israel. The the NSA exceeded its bers of Congress and Israeli tions but Chairman Richard public has “a right to be con- officials. legal authority and spied Burr (R-NC) told Roll Call in a cerned about the fact that...one on members of Congress. The House Permanent Select statement that the committee of our strongest allies in the Committee on Intelligence has conducts “vigorous oversight” Middle East—Israel—is” being now requested more infor- to ensure that agency actions spied on, Rubio told Fox & mation from the NSA “to deter- “are lawful and appropriate, Friends. mine which, if any, of these and that all policies and proce-

DC Delegate Pushes for Capitol Filming December 2, 2015

Delegate Eleanor Holmes Nor- have to go to fake capitols for DC economy when Congress ton (D-DC), the District of Co- movies and films about the leaves the District, and keeps lumbia’s representative in Con- capital of the United States,” that money from going to near- gress, is pushing to allow com- Norton said in a statement and by Maryland where current hits mercial filming in the Capitol reprinted in Roll Call. “Capitol like Veep and House of Cards are when Congress is out of ses- Police can handle filmmaking filmed. sion.Currently, film studios on the grounds when Congress Fictional President Selina Meyer givers Norton introduced a similar bill her state of the union speech in a may only film in Union Square is not in session.” replica House chamber in HBO’s Veep. allowing exterior filming on on the west side of the Capitol. Expanded filming in the Capi- Capitol grounds in 2014. “Hollywood and other com- tol has the potential to boost the mercial filmmakers should not

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