Volume III, Issue I

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Volume III, Issue I 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.
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