HIPAA Mega-rule Due June 2012
The HIPAA mega-rule has reached its final hurdle and is expected to be released in June 2012.
The mega-rule will include:
- Changes to privacy and security rules the HITECH Act mandates
- Requirements for new enforcement and higher penalties
- Final regulations of HITECH Act’s breach notification rule
- Changes to HIPAA to incorporate Genetic Information Nondiscrimination Act
Just as you will have to adjust to the new provisions in the final rule, you will be under increased scrutiny to comply with them. The government is intensifying its enforcement to protect patients’ confidential health information due in large part to the increased number of security breaches that have resulted from the lack of staff training. Practices will have an arduous task incorporating all of the changes to avoid those HIPAA headaches and potential fines. The most proactive practices have begun to update privacy & security policies as well as re-train employees.
EHR Incentives Still Out of Reach of Anesthesia & Pain Providers
The EHR incentive program is targeted at office-based practices. Indeed, the original version of the program would have excluded anesthesiologists explicitly. The July 28, 2010 final rule however, restricted the definition of “hospital-based” so that it only covered physicians who provide 90 percent or more of their services on an inpatient basis or in the emergency department. Most anesthesiologists do more than 10 percent of their cases on an outpatient basis, so they are not disqualified on the grounds that they are hospital-based. Nevertheless, they will be ineligible for the bonus because fewer than 50 percent of their Medicare allowables will be generated in facilities with certified EHR systems and/or because fewer than 80 percent of their patients will have records in a certified EHR system.
Then there are the meaningful use standards. Stage 1 requires the eligible professional to meet or qualify for an exclusion from each of 15 core objective functionalities (e.g., drug interaction checks) plus five out of a possible ten “menu set” measures. The EHR must allow the eligible professional to report at least six clinical quality measures, three of which are mandatory and three of which must be selected from a group of 38 measures. The majority of these objectives and clinical quality measures do not apply to anesthesiology or pain medicine practice. So the chances of quailifying for the EHR incentives are slim for anesthesia and pain professional, as the law is currently written.
