"Mission Accomplished"?

Here is one timeline for the many actions needed to implement the new health care reform law. 

No one would contend that the new law provides a "turnkey" solution to changes in the health care system.  There will be scores of new government commissions and panels that will be set up, major new regulations promulgated, and systems developed for coordination with state regulatory bodies and legislative action.  It is likely that every step along this path will be a contested battle, as it seems clear that this law is a incubator for unintended consequences, and there is a strong public opposition to the centralized regulation of health care in Washington.  It would be premature to start hanging any "Mission Accomplished" banners on health care reform.

Every time I hear a politician in Washington praise this law for "cutting" the deficit by $130 Billion over ten years and saving money on Medicare, I wonder if that politician will be voting against the "physician fix" that takes back over $250 Billion in the hoped for savings under the new law and thereby results in a net increase in the deficit over that ten year period.

Update:  Another timeline here.

 

OCR Still Working On HITECH Rulemaking, Delays Enforcement of Certain Provisions

On March 18, 2010, the Office of Civil Rights (OCR) published an update on its rulemaking and enforcement efforts under the HITECH Act. OCR made clear that the increased civil monetary penalties for HIPAA violations and enforcement of the breach notification rule have been effective since February 17, 2010 and February 22, 2010, respectively.

However, OCR stated that it continues to work on a Notice of Proposed Rulemaking (NPRM) regarding the following HITECH provisions: business associate liability; new limitations on the sale of protected health information, marketing and fundraising communications; and stronger individual rights to access electronic medical records and restrict the disclosure of certain information.

OCR noted that although the effective date for many of these provisions has passed (February 17, 2010), the NPRM and subsequent final rule will provide specific information regarding the expected date of compliance and enforcement for the new requirements.

Of particular interest in this rulemaking will be whether the OCR will require parties to affirmatively amend their business associate agreements to reflect the new privacy and security requirements with which business associates must directly comply, or whether the new provisions are already incorporated into the agreements by operation of law.

DGS will continue to monitor OCR’s HITECH rulemaking progress and will post updates as they are available.

Health Care and Education Affordability Reconciliation Act of 2010

Here's the text of the 153 page House Bill called the Heath Care Education and Affordability Reconciliation Act of 2010.  We'll be reading it too and posting our thoughts on how it affects you and your business.

House Passes Health Care Reform

No longer a question of will it pass, here are links to a variety of articles discussing this issue:

Wall Street Journal

New York Times

Los Angeles Times

Denver Post

National Public Radio

BBC