Welcome to HIMSS' Health IT Policy Update, bringing you the latest news on legislative and regulatory activities related to health IT from HIMSS' Government Relations office. We welcome your feedback, and if you're reading this complimentary newsletter online or receiving it as a forward, please subscribe.

Federal Affairs

Final Rules for Stark Exemptions and Anti-Kickback Safe Harbors for EHRs Released
On December 23, 2013, CMS and the HHS Office of the Inspector General released final Stark and Anti-Kickback rules extending the sunset date for the Stark electronic health records (EHR) exception and fraud abuse safe harbors, which were scheduled to expire at the end of 2013, to December 31, 2021. In a statement, HIMSS Vice President of Government Relations Tom Leary was pleased to see the rules come out prior to the expiration of the previous exemptions. “Although we encourage the elimination of the sunset provision, we appreciate the extension of the program to 2021 to provide certainty to stakeholders.” Click the link to learn more and to access a HIMSS Fact Sheet.

ONC Plans Survey to Evaluate REC Program
In a Federal Register notice, the Office of the National Coordinator for Health IT has submitted an Information Collection Request to the Office of Management and Budget.  ONC is seeking approval for a survey of small physician practices “to determine whether there is an association between REC participation and the use of technical assistance, EHR adoption, and achievement of meaningful use of electronic health records by primary care practices.” Click the link to learn more.

HIMSS Seeks Innovator in Residence to work with HHS on Patient Data Matching Strategy
Through HHS’s existing “Innovator in Residence” (IIR) program, HIMSS and HHS are collaborating to move forward on the creation of a nationwide patient data matching strategy. HIMSS is currently recruiting an IIR to develop a vision, strategy, and implementation plan for the near-term deployment of consistent patient data matching in health that builds on the body of work from ONC and healthcare community partners.  The person hired for this two-year opportunity will be a HIMSS employee who will work onsite in the office of the HHS Chief Technology Officer. Click the link above to learn more and to apply.

Congressional Affairs

Bill Mandates Reporting of PII Breaches by Insurance Exchanges
On December 19, 2013, Rep. Gus Bilirakis (R-FL) introduced the One Hour Notification Act of 2013, the “OH No Act” (H.R. 3795). The legislation requires HHS to notify Congress and the individuals impacted when a breach of personal identifiable information (PII) occurs by a system maintained by the Health Insurance Exchanges created under the Patient Protection and Affordable Care Act. Click the link to learn more.

President Signs “Pathway for SGR Reform” Act
On December 26, 2013, President Obama signed into law the Pathway for SGR (Medicare Sustainable Growth Rate) Reform Act of 2013. This new law prevents a scheduled payment reduction for physicians and other practitioners who treat Medicare patients from taking effect on January 1, 2014, and provides for a 0.5 percent increase for services through March 31, 2014. Congress and the Administration appear committed to a permanent solution to eliminating the SGR formula in the existing statutory methodology.  Click the link to learn more.

SGR Repeal and Medicare Beneficiary Access Act Introduced in the Senate
On December 19th, Senate Finance Committee Chair Senator Max Baucus (D-MT) introduced S 1871, the SGR Repeal and Medicare Beneficiary Access Act of 2013.  The bill largely follows the SGR reform discussion white paper jointly developed by the Senate Finance Committee and House Ways and Means Committee and announced in November.  Click the link to learn more.

Boustany Introduces Stark Administrative Simplification Act
Rep. Charles W. Boustany, Jr., MD (R-LA) has introduced HR 3776, the Stark Administrative Simplification Act. The bill would amend Title XVIII of the Social Security Act “to create alternative sanctions for technical noncompliance with the Stark rule under Medicare.”  Click the link for details.

State Affairs

New Hampshire Prefiles Health IT Bills
The New Hampshire General Court will consider several health IT bills in the 2014 session when it convenes on Wednesday, January 8, 2014. Click the link for details.

Vermont Addresses Data Protection & Security Breaches with Prefiled Legislation
On December 21st Vermont Senator Jane Kitchel prefiled Senate Bill 269 which relates to business consumer protection and data security breaches. The Vermont General Assembly convenes on Tuesday, January 7, 2014 at which time this bill may be considered.  Click the link for details.

HIMSS News

HIMSS Annual Call for Committee Volunteers Now Open
HIMSS announces its Annual Call for Committee Volunteers for the 2014-2015 fiscal year.  Serving on a HIMSS Committee is an excellent opportunity for professional development, networking and active engagement around key health IT topics, settings and constituencies.  Committee participation is open to all HIMSS members who are not currently serving in other leadership positions within the Society and have maintained active membership for at least the past 12 consecutive months.  Click the link for details or to apply.