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CMA comments on HHS proposal to reduce health IT burden

Physicians are overwhelmed with unnecessary, burdensome regulations that take time and resources away from providing quality patient care. The U.S. Department of Health and Human Services (HHS) recently issued a draft strategy designed to help reduce administrative and regulatory burden on clinicians caused by the use of health information technology (health IT) such as electronic health records (EHRs).

The draft Strategy on Reducing Regulatory and Administrative Burden Relating to the Use of Health IT and EHRs was led by the HHS Office of the National Coordinator for Health Information Technology (ONC), in partnership with the Centers for Medicare & Medicaid Services (CMS), as required in the 21st Century Cures Act.

The California Medical Association (CMA) this week submitted comments on the proposal, urging HHS to implement strategies that prioritize interoperability and the use of technology to improve patient care.

Among CMA’s recommendations were:

  • CMA supports standardizing and automating prior authorization processes to reduce the burden on physicians, as well as improving real-time access to payer requirements for prior authorization.
  • ONC should require EHR vendors to design systems that are usable based on the needs of medical practice in order to receive CEHRT approval, and impose penalties when these standards are not met.
  • ONC should strengthen CEHRT interoperability standards and utilize enforcement mechanisms to secure compliance from EHR vendors
  • ONC should require greater consistency across EHR systems to encourage sharing of clinical data
  • Simplify and reduce the quality measure reporting physicians are required to complete for federal programs
  • ONC should improve its enforcement against vendors who participate in data blocking or violate other certification requirements and help develop systems that allow for automatic extraction of data measures from EHRs
  • ONC should work with states’ existing regulatory standards to promote interoperability between PDMPs and EHRs

CMA also reemphasized its strong opposition to  the proposal to collapse the E/M office visit codes from eight to two for both new and established patients, and disagrees that the added documentation reduction from the code collapse-single payment proposal as envisioned by CMS will be realized.

For more information, see CMA’s comments.

Blue Shield CEO addresses California physicians on digital health efforts

Paul Markovich, president and CEO of Blue Shield California, on Friday addressed the California Medical Association’s (CMA) Board of Trustees, to discuss the payor’s initiatives to develop new health care technologies including sharable digital patient records and electronic claims among other initiatives.

Markovich told the CMA trustees that Blue Shield was seeking to reduce administrative costs significantly over the next three years to help support investment in numerous digital efforts.

Blue Shield and CMA announced in June a new, multi-year collaboration to develop and support a new health care model that includes technology support for independent physicians’ practices. Blue Shield and CMA launched pilot projects in Butte and Monterey counties to introduce the technology. Blue Shield is investing $30 million to support the commitment, with goal to scale the projects statewide.

“CMA is proud to collaborate with Blue Shield to bring California’s health care system further into the modern age,” said CMA President Theodore M. Mazer, M.D. “This innovative pilot project will utilize state-of-the-art technology to build a new health care model that expands and streamlines patient access to care while reducing administrative work.”

“This new pilot project will greatly improve patient care by utilizing technology to better meet the needs of patients in Butte County,” said former CMA President and Paradise Medical Group CEO Richard Thorp, M.D. “By streamlining administrative burdens for physicians and improving the delivery of high-quality care, this pilot project will enable physicians to focus more on treating patients rather than paperwork, and make it easier for small practices that serve rural areas to continue to provide care to our community.”

Blue Shield is involved in a number of other digital health projects, including efforts to develop a statewide electronic health record platform in California. The payor is also working on a new drug-price transparency service for prescribers and patients that provides real-time, patient specific cost information on their prescriptions and alternative drugs during the doctor visit.

Physicians based in Butte and Monterey who are interested in participating in the CMA/Blue Shield pilot project should contact communications@cmadocs.org.

CMA submits comments on Meaningful Use Stage 3 to CMS

On May 29, the California Medical Association (CMA) submitted comments to the Centers for Medicare and Medicaid Services (CMS) and the National Coordinator for Health Information Technology on the Meaningful Use Stage 3 notice of proposed rulemaking.

Under the federal electronic health records (EHR) incentive programs, qualifying Medicare and Medi-Cal providers are eligible to receive incentive payments for adopting and demonstrating “meaningful use” of certified health information technology (HIT). The proposed rule, published in the Federal Register on March 30, specifies the final stage of meaningful use criteria that eligible professionals, hospitals and critical access hospitals must meet in order to qualify for the Medicare and Medicaid EHR incentive payments and avoid payment adjustments under Medicare.

In its letter, CMA supported the detailed comments submitted by the American Medical Association (AMA) and offered further comments that are of particular concern to California physicians. Specifically, CMA urged CMS to hold off on finalizing Stage 3 Meaningful Use criteria until CMS implements stronger interoperability directives on EHR vendors, including certifying only those EHRs with the ability to satisfy all meaningful use requirements and prohibiting vendors from charging additional fees and costs for necessary upgrades and interfaces to achieve meaningful use.

In addition, CMA argued that proposed measures relating to coordination of care through electronic patient interactions set an exceedingly high bar for physicians in light of the technological limitations and administrative burdens facing many physician practices. Finally, CMA objected to the proposed elimination of the 90-day reporting period for providers demonstrating meaningful use for the first time and recommended a reporting period that is less than a full calendar year for all participants in the EHR incentive programs.

For more information on AMA’s comments on the Meaningful Use Stage 3 proposed regulations, click here.

For more information and resources, including CMA On-Call documents #4302 “Meaningful Use of EHRs: Stage 1,” and #4305, “Meaningful Use of EHRs: Stage 2,” as well as general information on the EHR Federal Incentive Program and Meaningful Use, visit CMA’s HIT website at www.cmanet.org/hit. These documents, as well as the rest of CMA’s online health law library, is available free to members in CMA’s online resource library. Nonmembers can purchase documents for $2 per page.

Read CMA’s comments here.

Contact: Lishaun Francis, (916) 551-2554 or lfrancis@cmanet.org.

CalHIPSO seeks physicians to sign up for free practice transformation assistance

The California Health Information Partnership and Services Organization (CalHIPSO) is applying for a grant from the Center for Medicare and Medicaid Services (CMS) to give California physicians access to free health practice improvement tools and services that would normally be cost prohibitive. The California Medical Association was a founding member of CalHIPSO, which was established in 2009 as a federally designated Regional Extension Center to provide education, outreach and technical assistance to help physicians select and implement electronic health records.

To win this grant, CalHIPSO must show commitment and interest from providers (non-binding). To that end, CalHIPSO is seeking physicians and physician groups willing to submit an online form stating that they would benefit from assistance preparing for the new care delivery and payment models and quality initiatives, which, with limited resources, would be a challenge to accomplish independently. Physicians can alternatively send an email stating their interest, including their name, specialty, and NPI. Responses are requested by January 26, 2015.

The grant being applied for is part of the federal Transforming Clinical Practice Initiative, designed to help support 150,000 clinician practices over the next four years in sharing, adapting and further developing their comprehensive quality improvement strategies. Physicians who participate in this program will gain critical assistance to engage in new delivery models, such as medical homes or ACOs.

To find out more about the CMS initiative, click here. To find out more about the CalHIPSO grant application, visit the CalHIPSO website.

Anthem and Blue Shield to partner in the creation of California's largest health information exchange

Two of California's largest health insurers – Anthem Blue Cross and Blue Shield of California are investing a total of $80 million to develop a not-for-profit health information exchange database called Cal INDEX, which is expected to go live in November. It is expected to house the medical records of 9 million patients, about a quarter of California’s population.

The initial $80 million stake will get the exchange through the first three years, the insurers said. After that, they expect funding will come from participating health plans and providers who will be charged a subscription fee.

Thirty large medical groups are expected to help build the database. It will house such information as patient diagnoses, lab tests, physician and hospital visits and procedures.

In a press release, the plans said they hope the exchange will improve quality of care by providing physicians with a unified and integrated source of patient information; and that the portability of patients' information will be seamless between health plans and across various health care professionals and hospitals. Although consumers will not initially be able to access their own data, Anthem and Blue Shield say that functionality will be added at a later date.

While the plans say the exchange will comply with all federal and state privacy laws for medical records, consumer groups have raised concerns about patient privacy. According to the plans, patients will be notified that their information will be placed in the information exchange database and they will be given the opportunity to opt out.

 

HHS releases security risk assessment tool to help providers with HIPAA compliance

The U.S. Department of Health and Human Services (HHS) has released a new tool to help guide health care providers in small to medium sized practices conduct information security risk assessments of their organizations.
 
The tool, available at www.HealthIT.gov, is the result of a collaborative effort by the HHS Office of the National Coordinator for Health Information Technology (ONC) and Office for Civil Rights (OCR). It is designed to help practices conduct and document a risk assessment in a thorough, organized fashion at their own pace by allowing them to assess the information security risks in their organizations under the Health Insurance Portability and Accountability Act (HIPAA) Security Rule. The tool also produces a report that can be provided to auditors.
 
HIPAA requires organizations that handle protected health information to regularly review the administrative, physical and technical safeguards they have in place to protect the security of the information. By conducting these risk assessments, health care providers can uncover potential weaknesses in their security policies, processes and systems. Risk assessments also help providers address vulnerabilities, potentially preventing health data breaches or other adverse security events. A vigorous risk assessment process supports improved security of patient health data.
 
Conducting a security risk assessment is a key requirement of the HIPAA Security Rule and a core requirement for providers seeking payment through the Medicare and Medicaid EHR Incentive Program, commonly known as the Meaningful Use Program.
 
The tool is available for both Windows operating systems and iPad. Download the Windows version here. The iPad version is available from the iTunes App Store (search “HHS SRA tool”).
 
For more information, see CMA On-Call document #4102, "HIPAA Security Rule." On-Call documents are available free to members in CMA's online health law library at www.cmanet.org/cma-on-call. Nonmembers can purchase documents for $2/page.

Are you using Windows XP? You may need to upgrade

Physician offices using Windows XP should be aware that Microsoft will no longer be providing support for Windows XP after April 8, 2014. This means that updates, bug fixes, security patches and troubleshooting will not be available for systems operating Windows XP, making such systems vulnerable to security risks.
 
While the California Medical Association (CMA) has received concerns from physicians who are being told that they will be in "automatic violation of the Health Information Portability and Accountability Act (HIPAA)" for using Windows XP after April 8, the HIPAA security rule does not specifically mandate any minimum operating system requirements. Physician offices using Windows XP however, should be aware that continuing to use an unsupported operating system without the proper maintenance in place to protect electronic patient health information (PHI) increases their risk of security breaches. 
 
The HIPAA security rule requires a security management process, which means the development and implementation of policies and procedures to prevent, detect and correct potential risks and vulnerabilities to electronic PHI. An unsupported operating system should be identified as a risk and physician practices using Windows XP should conduct a risk assessment to determine the appropriate measures to reduce any risks to electronic PHI, including upgrading to a more current, supported operating system.
 
For more information, see CMA On-Call document #4102, "HIPAA Security Rule." On-Call documents are available free to members in CMA's online health law library at www.cmanet.org/cma-on-call. Nonmembers can purchase On-Call documents for $2 per page.
 
Contact: CMA Center for Legal Affairs, (800) 786-4262 or legalinfo@cmanet.org.

HHS develops toolkit to help physicians prepare for online communication with patients

The California Health and Human Services Agency (HHS) has developed a toolkit to help medical practices prepare for online patient communications through an electronic health record (EHR) portal, personal health record, mobile app, secure messaging or other electronic means.
 
Data indicates that patients who use health information technologies may be more efficient users of health care resources, better managers of their health behaviors and feel more satisfied with the health care system.
 
The free toolkit, "Preparing for Online Communication with Your Patients," provides checklists and worksheets to help offices collect and organize information needed to create an effective plan for online patient communications. It also provides materials that can be given directly to patients including, a letter that can be customized to explain the medical practice’s electronic communication services; a brochure about electronic communication with physicians; and a video explaining the benefits of communicating online with their health care providers.
 
Click here to download the toolkit.

Deadlines loom for Medi-Cal EHR Incentive Program

The deadline for providers to apply for Medi-Cal electronic health records (EHR) incentive payments the 2013 program year is March 31, 2014. After that date, the State Level Registry (SLR) will no longer accept 2013 applications.

For the 2014 program year, providers who are attesting to adopting, implementing or upgrading certified EHRs can currently apply to the SLR for 2014 program year incentive payments. However, the SLR is currently unable to accept applications from providers attesting to meaningful use for 2014. The SLR will not begin accepting 2014 meaningful use attestations until late spring or early summer.
 
For more information and updates, visit the SLR website at www.medi-cal.ehr.ca.gov.
 
Contact: CMA's reimbursement helpline, (888) 401-5911 or economicservices@cmanet.org.

Did you know you can request reconsideration if you're getting dinged with a 2% Medicare eRx penalty?

Physicians and group practices who were not successful electronic prescribers under the 2012 or 2013 Medicare eRx Incentive Program will be subject to a negative payment adjustment of 2 percent in 2014 on all Medicare Part B claims paid under the physician fee schedule.
 
The Centers for Medicare and Medicaid Services (CMS) has notified physicians and group practices that did not meet the requirements and will be subject to the 2014 payment adjustment. Some practices have reported that their meaningful use attestation was not taken into consideration as an exemption. If this has impacted your practice, you must request a review.
 
If you believe this determination to be in error, CMS has implemented an informal review process through which reconsideration can be requested. Informal review requests will be accepted through February 28, 2014, and can be submitted via email only to eRxInformalReview@cms.hhs.gov. CMS will make an informal review decision within 90 days of the original request. Please note that the informal review decision will be final, and there will be no further review or appeal.
 
For complete instructions on how to submit an informal review request, see CMS's "2014 eRx Payment Adjustment Informal Review Made Simple."
 
Questions about the eRx Incentive Program can be directed to the CMS QualityNet Help Desk at (866) 288-8912 (TTY 877-715-6222) or qnetsupport@sdps.org.