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Entegration Blog

September-28-2011

19:51
Entegration, Inc. announces new client Reproductive Medicine Associates of New York Morristown, NJ – Sep 29, 2011 – Entegration, Inc. (Entegration) is pleased to announce that Reproductive Medicine Associates of New York (RMA of New York) has signed on as a new client. RMA of New York is a full-service fertility center specializing in in [...] Related posts:
  1. Every Medical Practice Needs a CIO
  2. Network Costs of an EMR Implementation
  3. The dangers of cloud computing

September-10-2011

22:29
According to a report to Congress from The Department of Health and Human Services (HHS), there have been almost 8 million records breached since 2009. That is a staggering number. What is worse it that the number of data breaches continues to increase. Another way of looking at it is that we are only in [...] Related posts:
  1. Every Medical Practice Needs a CIO
  2. HIPAA Security Rule Implementation
  3. HIPAA Security Rule Risk Analysis and Management

August-28-2011

18:55
  It has been a turbulent week on the East Coast.  We have had a rare 5.9 earthquake and have been hit by a Category 1 hurricane that have left millions without power and has caused major flooding. So naturally I have been thinking about Disaster Recovery.  It really takes extreme cases like the past [...] Related posts:
  1. Every Medical Practice Needs a CIO
  2. HIPAA Security Rule Implementation
  3. Disaster Recovery for everyone

August-12-2011

16:10
I woke up this morning to see that while I was sleeping I somehow managed to send out about 100 Twitter direct messages with a message saying: “You look different in this photo. http://t.co/NglQQu1″ Needless to say, I didn’t actually send the direct messages and was a victim of a phishing scam.  I received the [...] Related posts:
  1. OCR gears up for HIPAA / HITECH Audits
  2. Privacy breaches affect 3.4 million individuals and counting…
  3. 2010 Data Breach Investigations Report

August-4-2011

12:37
Health Info Security has published the transcript from an interview with Susan McAndrew of the Department of Health and Human Services’ Office for Civil Rights. The article is very good and should be read in its entirety. Below are some of the key points. When asked if business associates as well as covered entities will [...] Related posts:
  1. HIPAA Security Rule Implementation
  2. EMRs are like guns in the wrong hands
  3. The perfect storm for data breaches

July-27-2011

11:17
I write a lot about network security, HIPAA and protecting patient data. I truly believe that these concerns should be on the top of every healthcare organization’s security list. But recently something has hit my radar that concerns me even more. Phishing has always been a problem but now it seems like an epidemic. Let’s [...] Related posts:
  1. USB drives poise security risks
  2. ER doctor uses iPhone to save patient
  3. Stop using easy passwords
Blog url: 
http://blog.entegration.net
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Healthcare & Technology

January-4-2012

8:54

CalendarLink: Thoughts on the Year Ahead

John Halamka presents his ideas about the major issues for 2012..

ICD10 - John predicts 25% of IT capacity will be consumed by ICD10 this year. Not good...

Meaningful Use Stage 2 including inpatient clinical documentation - now this is exciting. Potential criteria will likely include improvements to clinical records that improve care coordination and communication between providers. John suggested use of templates and social-networking like group documentation.   

ACO Planning - The reform changes for ACOs will include focus on prevention and wellness. New business intelligence (BI) and clinical decision support (CDS) capabilities will be helpful in meeting these goals.

Compliance - Compliance issues will include "conflict of interest tracking, learning management systems for compliance education, and enhanced revenue cycle systems that provide decision support."

Security - yes, the past year had a long list of data breaches, malware, and mobile devices so security of PHI must be improved, particularly if we intend to move clinical decision support to the bedside or engage in Health Information Exchanges.



January-3-2012

10:15

BinocularsLink: A New Year's Forecast For The Health Care Bill

NPR topics presents a summary of the impact to the Affordable Care Act in a discussion between Audie Cornish and Noam Levey of the Los Angeles Times.

 

 


HSGLogo Looking for best of breed HIPAA Training?

To stay current on the HITECH Act and its quickly changing regulatory scheme visit the HITECH Survival Guide website and/or sign up for our free monthly compliance newsletter. Also, check out our FREE EHR Checklist.

If you need tools that will help with your compliance initiatives then check out the HSG Store. Do you need an Internet Lawyer with HITECH /HIPAA experience?

 


December-29-2011

9:46

Link: Usability and Successful EHR Meaningful Use

Recently the ONC posted on the Health IT Buzz Blog about the "challenges providers face in achieving Meaningful Use of electronic health records (EHRs)."

The concept of "useability" has long been known in other industries where new technology or applications enter the workplace. Some time ago I wrote about usability of health IT, however I expanded the definition to include a few more "E-bilities" as shown in the following graphic contained in the post: Part 4 of The Value of the Internet for Improving Healthcare.

This is the last post in the series and it focuses on capabilities, or "e-bilities" of technology to improve healthcare. Regardless of the mode of use (e.g. email or internet), technology must be easy to use, secure, reliable, and accessible.

E-bilities

For the past year, the SHARPC-Project 1 has focused on making use of technology easier for clinicians. One ONC staff member, Jacob Reider, MD had some interesting comments that focused on "The User Experience." His comments spanned the continuum of User Experience with a framework for how tools and/or applications can/should evolve.

Quotefirebrick

 

Functional (it does what it is claimed to do)
Reliable (it works consistently)
Usable (it works in a way that is consistent with the user’s expectations)
Meaningful (it does something important or valuable)
Pleasurable (it is enjoyable to use)

So, I will end with one thought. Even if the system meets "Useability" standards for clinicians, achieving quality health data analytics still requires that accurate, timely and quality data is entered into the EHR avoiding the Garbage In-Garbage Out phenomenon. 



December-27-2011

15:35

KeysLink: 8 Key issues for population health management in 2012

This article in Healthcare IT News caught my eye. A white paper written by the Care Continuum Alliance described significant market movement toward accountability and value driven healthcare outcomes as a result of collaborative models, such as ACOs. However, there are 8 key issues that could affect population health management in 2012:

  1. Accountable care and the Medicare Shared Savings program
  2. Consumer use of mobile and eHealth technologies
  3. Reducing avoidable hospital readmissions in Medicare
  4. Quality improvement in Medicare advantage
  5. Opportunities to support insourced programs
  6. Improving care coordination for dual eligibles
  7. Federal support for prevention and wellness
  8. Development of ACA health insurance exchanges

Each of these items contains a plethora of complex issues that will require agreement, alignment, and cooperation between distinct parties. In order to simplify my thoughts on this topic, I offer the following.

Accountable care and collaborative models certainly provide the opportunity with electronic records to capture and disseminate research and/or de-identified clinical data for surveillance. The link to "accountability" also provides the impetus to develop predictive analytics, a personal favorite.

It is well known that mobile technology, including smart phones, are changing the nature of "computer use" and internet access. According to the article the author stated that "a patient-centered, consumer-empowered, pull-rather-than-push model will dominate, with social media in a position of importance."

Reducing re-admissions? Well, we should already be doing this, unfortunately the quality of healthcare in certain situations, or the variable factors in a patient's condition and care makes this a tough goal to reach all the time. However, Medicare tracking is looking a 3 conditions - heart failure, acute myocardial infarction and pneumonia.

Finally, the other items tout the value of competitive forces in healthcare resulting from support of "insourced programs," development of health insurance exchanges in 2014, and the single idea that is near and dear to a nurse - support for prevention and wellness!

Prevention and wellness has not been a priority for most clinicians due to its non-reimbursable status. Let's hope that changes. Since the Prevention and Public Health Fund is under discussion, Medicare added annual wellness visits and expanded coverage of obesity and cardiovascular disease prevention services.

2012 brings a year of great change and challenge. Best wishes to all for a safe, happy, and prosperous new year!

 


December-14-2011

14:52

As clinicians, do we ever wonder how excellent patient care can be achieved? Do we become too involved in our deadlines, our tasks, or our own needs and lack the time to reflect and to improve? It is certainly an issue in today's healthcare environment as the delivery of care changes in the path to Meaningful Use...

Well, I watched this video today, posted by Brian Ahier. It is an epic portrait of how one individual came up with an idea that would provide quality care/experience to customers.

Click this link to watch the video - a moving and heart-felt story.

The Simple Truths of Service: Inspired by Johnny the Bagger 

May you have a Happy and Safe Holiday Season!


December-10-2011

8:48

The HIPAA Survival Guide's Privacy Rule Under HITECH Webinar will help get you up to speed on how the HITECH Act has impacted the HIPAA Privacy Rule and how marketplace trends are impacting it as well. The webinar will walk you through the Privacy Rule and discuss the effect that the HITECH Act has had under three major sections: 1) uses and disclosures of PHI contained in sections §164.502 through §164.514; 2) the Patient's Bill of Rights contained in sections §164.520 through §164.528; and 3) the Administrative Requirements contained in Section §164.530.

Date: December 13, 2011. 

Time: 2:00 to 3:30 EST. 

To register CLICK HERE

 


HSGLogo Looking for best of breed HIPAA Training?

To stay current on the HITECH Act and its quickly changing regulatory scheme visit the HITECH Survival Guide website and/or sign up for our free monthly compliance newsletter. Also, check out our FREE EHR Checklist.

If you need tools that will help with your compliance initiatives then check out the HSG Store. Are you for an Internet Lawyer with HITECH /HIPAA experience? 


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healthTech.accordingtome.com

April-29-2010

18:08

I just have three things to say. First of all, the word is pronounced PRE-scription not PER-scription.

Secondly, if we’re talking medicinal, you want to know something that is broken in the health care system? I’ll tell you: pharmacies. What value does a pharmacist add? None. They can be immediately replaced by vending machines and websites (thx, Zach.) I can read my own labels, thank you very much.

Finally, why are many non-addictive medications by prescription anyway? Here’s an example: ibuprofen. You can buy OTC ibuprofen, and they usually come in 200mg tablets. 200mg doesn’t do anything useful, so what do people do? They take 4-8 of them. If you go to a doctor with a bad headache, they’ll prescribe you ibuprofen in 800mg tablets. I’m sorry Mom, but that’s retarded. Ibuprofen doesn’t need to be by prescription. Here’s another: Liptor. Lipitor is used for reducing cholesterol. “But wait,” Mr. Wily protests, “what if a user bought Lipitor and decided to take more than the label suggested? That would be bad.” Indeed, but the side effects of Lipitor are headache and muscle soreness, hardly cause for alarm. On the other hand, too much of lots of OTC drugs can be harmful as well. For example, excessive Tylenol can hurt your liver, but Tylenol isn’t by prescription. Why?

While I’m at it, doctors themselves are close to obsolete. The Internet is making elite bearers of information unnecessary. When I last went to the doctor for a checkup, he GOOGLED a symptom during our visit. GOOGLED. I can google. Thanks for charging me for your web surfing.

That’s all.

January-26-2010

11:42

What’s wrong with Medicine today?

Let’s design the most inefficient, error-prone, hackable system for transmitting medical information.

We’ll start by having persons with notorious handwriting, doctors, scribble in code onto a piece of paper.

Then, the afflicted person (the patient) jams that paper into their pants’ pocket and carries it down to a non-doctor (a pharmacy tech), who attempts to decipher the information and enter it into the computer.

If it’s a new pharmacy or a new doctor, they have NO IDEA what you’ve been prescribed before, or what you’re currently taking.

Why, why, why?

October-10-2007

11:58

clooney.jpgActor George Clooney was admitted last month to the the Palisades Medical Center after a motorcycle accident. The temptation to look at Mr. Clooney’s medical file was just too much a couple dozen unauthorized employees to withstand. 27 people looked. 27 people are now suspended for a month without pay according to CNN.com. Sadly, the impetus for the investigation was not that they viewed Clooney’s records without cause, but that they leaked information to the press… HIPAA, it’s got (some) teeth now.

October-4-2007

15:45

microsoft-black.jpgMicrosoft, the megalithic, oft-hated vendor of  only marginally-useful software, announced today in the Wall Street Journal that it would be offering free personal health records on the Web via its HealthVault system. Why *anyone* would trust the likes of Microsoft with their health information is beyond my comprehension. Still, proving once again that CEOs continue to make technology decisions instead of CIOs, Microsoft managed to signup an impressive roster of partners, including: American Heart Association, Johnson & Johnson LifeScan, NewYork-Presbyterian Hospital, the Mayo Clinic and MedStar Health, a network of seven hospitals in the Baltimore-Washington region.

On the upside, they did get the permissions model right, “Its privacy controls, the company said, are set entirely by the individual, including what information goes in and who gets to see it.” That said, the WSJ article goes on to mention that the data, stripped of some identifiers, will be data mined by third parties.

The news of this launch prompted a Slashdot reader to quip, “[this brings a] whole new meaning [to the blue screen of death.]

Would you trust Microsoft with your personal medical information?!?

September-22-2007

13:21

index.gifIt’s no secret that many doctors are, if not technophobic, at least VERY SLOW to implement new technologies. To wit, according to the report called “Health Information Technology in the United States: The Information Base for Progress,” only one in four doctors (24.9 percent) use EHRs to improve how they deliver care to patients.1 Fortunately, our Luddite physician friends are being joined by Gen X’ers, who, having grown up with computers, are not afraid to break out of the restraints of paper forms and charts.

One of these early adopters is Jay Parkinson, MD, MPH (from Penn State and Johns Hopkins.) Jay is an EMR-enabled, private physician practicing in Brooklyn. Jay prefers to “e-visit [his patients] by video chat, IM and Email for problems that don’t require an actual face-to-face visit. It’s the future of cost-effective medicine.” All of that, plus two home/work visits a year for $500.00. Jay also gives out his cellphone to his patients.

Can you video conference with your doctor?

1. http://answers.google.com/answers/threadview?id=785923

August-23-2007

17:50

happy.gif Recently a number of websites have been offering “real age” calculators which, upon asking a number of health/lifestyle questions, attempt to predict how long you will live. The difference between how long you are going to live and how long people live on average determines your “real age.” If, for example, you are a heavy smoker with a family history of heart disease, you might have been born 28 years ago, but your real age could be closer to 35. As a measure of its popularity, even Oprah and her ilk have been jumping on the real age bandwagon.

These real age calculators are not without their faults however.

  1. No (or little) research is offered to substantiate their healthcare calculations
  2. The numbers are frequently a little *too* clean (what are the chances that all bad things raise your real age by EXACTLY 1 year?)
  3. No distinction is made between elements you can and cannot control
  4. At the end of the survey, no action items are provided to allow the user to alter their Real Age. After all, unless you can glean some ACTIONABLE INTELLIGENCE from the results, these calculators are ultimately of little utility.

After seeing the calculator at http://www.poodwaddle.com/realage.htm, I spent a few hours reverse engineering it. healthtech’s real age calculator is an attempt to rectify the aforementioned deficits.

  1. Based on XML: see the real age XML now: download and modify the XML as new scientific studies are released. add your own questions, etc.
  2. Open Source: download the Real Age code and run it yourself
  3. Better health summary at the end (action checklist)
  4. Items are distinguished as controllable or not

RemedyMD’s tagline is “Better Data, Better Decisions, Better Outcomes,” and you might be tempted to think that better data leads automatically to better decisions, but that is not always the case. More often, it is the application of intelligent analytic algorithms (predictive informatics, if you will) which transforms the raw data into actionable information. A lot of EHR systems collect medical history, for example, but how many of them process that information to produce actionable knowledge?

What is your Real Age?!?

Blog url: 
http://healthtech.accordingtome.com
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MedTech and Devices

eHealthRisk

January-4-2008

7:39
The US-based Electronic Privacy Information Centre and the UK-based Privacy International have released a comprehensive report on the state of privacy around the world. How solid are your privacy rights?

If you live in the US or UK you are in the same class as those living in Malaysia, Russia and China. People living in Greece, Romania (go figure, given where Romania was a couple of decades ago), and Canada fair the best, though Canada's ranking slipped two levels from "Significant protections and safeguards" to "Some safeguards but weakened protections". Among the other findings:
The study is well worth a look.

January-3-2008

7:53
One of the business risks that come up time and time again in discussions about eHealth is the supply of people knowledgeable about both IT and health care. It seems that there are lots of one or the other, but few who understand both dimensions of a very complex business. Yet there is little effort being applied to increasing the pool of talent needed to address the demand for skilled human resources.

There are a number of university and college programs across the country (link here for a survey of HI programs across Canada published by the Waterloo Institute for Health Informatics Research (WIHIR), but they graduate relatively few health IT practitioners... certainly not enough to fill the demand.

COACH, Canada's Health Informatics Association, has recently published a list of core competencies needed by Health Informatics Professionals (unfortunately its only available to COACH members), but again, there is no strategy to provide educational opportunities for those who need it.

The Healthcare Information Management and Systems Society (HIMSS) has recently implemented a certification program (Certified Professional in Healthcare Information and Management Systems (CPHIMS)) that is taking us in the right direction.

The University of Waterloo's Health Informatics Bootcamp program developed and delivered by WIHIR is highly recommended because it addresses a critical need to quickly educate health care and IT professionals on the intricacies of health informatics.

If we are to succeed in driving out eHealth at the pace promoted by politicians and their instruments such as Canada Health Infoway (and other national equivalents), more investment is needed in the educational programs necessary to develop a competent health informatics workforce.

January-2-2008

8:38
After a hiatus of a couple of months, I'm finally back to eHealthRisk. I have two announcements for those who are interested:
  1. Starting today I have taken on the position of President of the Canadian Health Information Technology Trade Association (CHITTA), the health care division of the Information Technology Association of Canada (ITAC). This will get me back into the game following my year long sabbatical studying all dimensions of eHealth risk.
  2. The Waterloo Institute for Health Informatics Research has posted the next series of eHealthRisk Workshops. New this year is the eHealth Information Security Workshop whose inaugural run will be from March 26 to 28, 2008 at the University of Waterloo.
And my New Year's resolution... To religiously apply myself to this eHealthRisk Blog.

Brendan

November-21-2007

8:30
Canada Health Infoway, Health Canada and the Privacy Commissioner of Canada commissioned and have published a comprehensive survey of Canadian attitudes towards Electronic Health Records and Privacy titled Electronic Health Information and Privacy Survey: What Canadians Think - 2007.

From the Press Release:

Almost nine in 10 Canadians (88 per cent) support the development of EHRs -- a five per cent increase since 2003. Other findings include:
  • 31 per cent of respondents reported they had experience with an electronic health record during an interaction with the health care system. When asked to how the EHR system compared to the paper system in terms of overall effectiveness for the health care system, an overwhelming majority (89 per cent) said the electronic system was better.
  • 87 per cent of Canadians believe electronic health records will make diagnosis quicker and more accurate, while 82 per cent believe they will reduce prescription errors and 84 per cent would like to be able to access their own medical records online.
  • Canadians want to ensure that privacy and security safeguards are in place to protect their health information. 77 per cent would like audit trails that document access to their health information. 74 per cent want strong penalties for unauthorized access. 66 per cent of Canadians want clear privacy policies to protect their health information. In the event of a security breach, 7 in 10 want to be informed and would like procedures in place to respond to such breaches.
  • Those who have had experience with an electronic health record showed an even stronger support for privacy and security safeguards.
  • A majority of Canadians (55 per cent) would like to be able to hide or mask sensitive information contained in their record.
  • While the poll shows strong support (84 per cent) for using anonymous information from electronic records for health research, this support drops dramatically if personal details are not removed from the record (50 per cent).

November-15-2007

4:57
Alberta's Privacy Commissioner, Frank Work, is the second Canadian privacy commissioner to demand the encryption of personal health information on laptop computers following the theft of four laptop computers from a Capital Health facility. From the OIPC press release:

"The investigation outlines the following steps that must be taken to protect health information stored on a mobile device in order to meet requirements of the HIA:
  • There must be policies and procedures that users are aware of and educated on that guide proper use of the device,
  • Reasonable steps must be taken to physically secure the device,
  • There must be a business need to store health information on the device,
  • The device must be password protected, and
  • Health information stored on the device must be protected by properly implemented encryption."

October-29-2007

7:32
US Privacy Guru Alan Westin has recently undertaken a study on behalf of the US Institute of Medicine on public attitudes concerning privacy and health research. Modern Healthcare Online has published a two part article on his findings (for part 1 click here - for part 2 click here). From the article:
"The good news for the research community is, despite a plethora of media reports on privacy and security breaches in the healthcare industry, most people still respect the aims of researchers and are willing to support their work.

The bad news is, perhaps because of these highly publicized privacy failures, people need more assurance than in the past that their healthcare information will be protected and, particularly, not end up being misused in ways that could hurt them. This new reality will necessitate some consciousness-raising on the part of researchers, who historically have seen themselves as the guys in white hats who should be above suspicion, according to Westin."

Blog url: 
http://www.ehealthrisk.blogspot.com/
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Health Care Law Blog

January-3-2012

10:31
The West Virginia Health Care Authority has announced the 2012 certificate of need capital expenditure minimum threshold of $2,916,104. The new threshold is effective beginning January 1, 2012. The threshold is used as a part of the analysis by health care providers who must determine whether or not a certificate of need is required for a proposed project or health care acquisition. 

Pursuant to W.Va. Code 16-2D-2(h) and (s), the Authority is required to adjust the expenditure minimum annually and publish an update of the amount on or before December 31 of each year. The expenditure minimum adjustment isbased on the DRI inflation index published in the Global Insight DRI/WEFA Health Care Cost Review. The DRI inflation index as of December 31, 2011 is 2.9%.

December-23-2011

8:40

Happy Holidays to my clients, health care and lawyer colleagues, and other readers of the 
Health Care Law Blog
 I appreciate your continued support and hope that 2012 
will be as exciting and wonderful as this past year.
See you in 2012! 


In years past I have sent out our standard Flaherty Sensabaugh Bonasso PLLC holiday card to thank my clients for trusting our firm with their business and my colleagues for all they do for me throughout the year. Instead, this year I decided to go GREEN and red by sending out an e-greeting and
do a holiday blog post with our firm's holiday greeting card.
We all play an important role in maintaining the environment.Thanks!

November-24-2011

9:41
The Engage with Grace Project is an effort to raise awareness of the importance of end of life care planning and discussing your wishes with your family and friends.

Dr. Bryan Vartabedian captures the simplicity of the project in his post, "It began with a simple idea: Create a tool to get people talking. Their tool is a slide with five questions designed to initiate dialog about our end-of-life preferences."  Take time during the Thanksgiving weekend to "occupy the dinner table" with your family and friends. Discuss the 5 questions below and share your thoughts and feelings.
 
This is my 4th year participating in the Engage With Grace Project. What prompted me to start participating? It was having the opportunity to watch Alexander Drane tell Za's story at the 2008 Health 2.0 Conference. Her story personally connected as I shared in my 2008 blog post.

West Virginia is often negatively portrayed nationally at the bottom or top in national health rankings. However, it is great to see West Virginia leading the way on end of life care planning. 49% of West Virginians have filled out at least one advance directive -- the highest among all states reporting these statistics. However, this statistic shows how few of us actually take the time and effort to document our wishes. More than 1/2 of the population have left these difficult decisions to be made by their family and health care providers. This statistic shows the importance of the Engage With Grace message.

For West Virginia readers who want to learn more about end of life care check out the resources provided by the West Virginia Center for End of Life Care. There is valuable information for health care professionals to "Why and how to have end-of-life discussions with your patients", "Accessing Decision Making Capacity", and POST (Physicians Order for Scope of Treatment) Forms.  The website also provides FAQs, educational videos, and forms, including the standard West Virginia Advanced Directive Forms.

West Virginia is also creating the e-Directive Registry in conjunction with the West Virginia Health Information Network (WVHIN), West Virginia's health information exchange (HIE). The e-registry will store advance directive forms, Physicians Orders for Scope of Treatment forms, and do not resuscitate cards. The registry will allow treating health care providers to access the stored information 24/7 from around the state through the WVHIN. Most importantly, the registry will be accessible by you and I as health care consumers to verify the accuracy of our wishes. 

Following is the 2011 blog post by the Engage With Grace Team -- Occupy With Grace. Help spread the word this Thanksgiving weekend by telling your end of life care story and posting the message below. You can get the HTML to post here.
 
Occupy With Grace
 
Once again, this Thanksgiving we are grateful to all the people who keep this mission alive day after day: to ensure that each and every one of us understands, communicates, and has honored their end of life wishes.
Seems almost more fitting than usual this year, the year of making change happen. 2011 gave us the Arab Spring, people on the ground using social media to organize a real political revolution. And now, love it or hate it - it's the Occupy Wall Street movement that's got people talking.
Smart people (like our good friend Susannah Fox) have made the point that unlike those political and economic movements, our mission isn't an issue we need to raise our fists about - it's an issue we have the luxury of being able to hold hands about.
occupy_with_grace_logo
It's a mission that's driven by all the personal stories we've heard of people who've seen their loved ones suffer unnecessarily at the end of their lives.

It's driven by that ripping-off-the-band-aid feeling of relief you get when you've finally broached the subject of end of life wishes with your family, free from the burden of just not knowing what they'd want for themselves, and knowing you could advocate for these wishes if your loved one weren't able to speak up for themselves.

And it's driven by knowing that this is a conversation that needs to happen early, and often. One of the greatest gifts you can give the ones you love is making sure you're all on the same page. In the words of the amazing Atul Gawande, you only die once! Die the way you want. Make sure your loved ones get that same gift. And there is a way to engage in this topic with grace!

Here are the five questions, read them, consider them, answer them (you can securely save your answers at the Engage with Grace site), share your answers with your loved ones. It doesn't matter what your answers are, it just matters that you know them for yourself, and for your loved ones. And they for you.

theoneslide

We all know the power of a group that decides to assemble. In fact, we recently spent an amazing couple days with the members of the Coalition to Transform Advanced Care, or C-TAC, working together to channel so much of the extraordinary work that organizations are already doing to improve the quality of care for our country's sickest and most vulnerable.

Noted journalist Eleanor Clift gave an amazing talk, finding a way to weave humor and joy into her telling of the story she shared in this Health Affairs article. She elegantly sums up (as only she can) the reason that we have this blog rally every year:
For too many physicians, that conversation is hard to have, and families, too, are reluctant to initiate a discussion about what Mom or Dad might want until they're in a crisis, which isn't the best time to make these kinds of decisions. Ideally, that conversation should begin at the kitchen table with family members, rather than in a doctor's office.
It's a conversation you need to have wherever and whenever you can, and the more people you can rope into it, the better! Make this conversation a part of your Thanksgiving weekend, there will be a right moment, you just might not realize how right it was until you begin the conversation.
This is a time to be inspired, informed - to tackle our challenges in real, substantive, and scalable ways. Participating in this blog rally is just one small, yet huge, way that we can each keep that fire burning in our bellies, long after the turkey dinner is gone.
Wishing you and yours a happy and healthy holiday season. Let's Engage with Grace together.

To learn more please go to www.engagewithgrace.org.This post was developed by Alexandra Drane and the Engage With Grace team.

November-9-2011

6:39
Today the Office for Civil Right (OCR) announced details of a pilot program to perform up to 150 audits of covered entities to assess privacy and security compliance under HIPAA. OCR will be conducting the audits between November 2011 and December 2012.

The days of waiting for HIPAA privacy and security enforcement activities are over. The announcement of these planned audits will get the attention of health care providers who have failed to focus on HIPAA privacy and security compliance efforts. The announcement will remind all health care providers to maintain an active, current HIPAA privacy and security compliance program.

OCR provides more detail on the audit program on the OCR HIPAA Audit Program page, including this description of the program objectives:
The audit program serves as a new part of OCR’s health information privacy and security compliance program. OCR will use the audit program to assess HIPAA compliance efforts by a range of covered entities, Audits present a new opportunity to examine mechanisms for compliance, identify best practices and discover risks and vulnerabilities that may not have come to light through OCR’s ongoing complaint investigations and compliance reviews. OCR will broadly share best practices gleaned through the audit process and guidance targeted to observed compliance challenges via this web site and other outreach portals.
The OCR HIPAA Audit Program page also provides detail on when the audits will begin, who will be audited, how the audit process will work, and what will happen after the audit. The information indicates that they will select a broad range of covered entities for the first round of audits and that business associates will be included in future audits.

OCR provides the graphic below to help describe how the audits will be performed. Covered entities will be selected, notified, and asked to provide documentation of privacy and security compliance efforts within 10 business days. An onsite visit will occur and interviews will be performed. A draft report will be provided to the covered entity and there will be a procedure for the covered entity to discuss the areas of concern raised in the audit and describe any corrective action they may implement.

July-8-2011

15:08
The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced that the University of California at Los Angeles Health System which includes UCLA Ronald Reagan Medical Center, UCLA Santa Monica Medical Center, and Orthopedic Hospital, Resnick Neuropsychiatric Hospital, and the Faculty Practice Group of UCLA (UCLAHS) has agreed to settle potential violations under the HIPAA Privacy and Security Rules for $865,500. Read the OCR press release.

The settlement highlights that hospitals, physicians, and other covered entities must understand the importance of monitoring the level of access workforce members have to medical and health information. Covered entities must have policies and procedures in place and educate workforce members about only accessing records for necessary and permissible purposes. This settlement resulted from an investigation by OCR after certain celebrity/VIP patients at the UCLA facilities complained that hospital staff, including unauthorized physicians, had inappropriately accessed their health and medical information.

UCLAHS agreed to a Corrective Action Plan for a period of three years under the terms of the Resolution Agreement. The Corrective Action Plan requires UCLAHS to review/update its current HIPAA policies and procedures, conduct follow up workforce training, monitor compliance and submit a monitoring plan, and submit an implementation report and annual reports to OCR. of can be found attached to the Resolution Agreement.

The Resolution Agreement described the events that occurred that lead to the settlement as follows:
On June 5, 2009 and June 30, 2009, HHS began investigations of two separate complaints alleging that the Covered Entity was in violation of the Privacy and/or Security Rules. The investigations indicated that the following conduct occurred (“Covered Conduct”):
(i) During the period from August 31, 2005 to November 16, 2005, numerous Covered Entity workforce members repeatedly and without a permissible reason examined the electronic protected health information of Covered Entity patients, and during the period from January 31, 2008 to February 2, 2008, numerous Covered Entity workforce members repeatedly and without a permissible reason examined the electronic protected health information of a Covered Entity patient.

(ii) During the period 2005-2008, a workforce member of Covered Entity employed in the office of the Director of Nursing repeatedly and without a permissible reason examined the electronic protected health information of many patients.

(iii) During the period 2005-2008, Covered Entity did not provide and/or did not document the provision of necessary and appropriate Privacy and/or Security Rule training for all members of its workforce to carry out their function within the Covered Entity.

(iv) During the period 2005-2008, Covered Entity failed to apply appropriate sanctions and/or document sanctions on workforce members who impermissibly examined electronic protected health information.

(v) During the period from 2005-2009, Covered Entity failed to implement security measures sufficient to reduce the risks of impermissible access to electronic protected health information by unauthorized users to a reasonable and appropriate level.
 More information and background can be found in the iHealthBeat article, UCLA Health System Agrees to Pay $865K over Privacy Breaches, including a link to a statement on the settlement issued by UCLH Health System.

July-6-2011

19:49
Today the United States Court of Appeals for the 4th Circuit affirmed a ruling by the district court in West Virginia which sustained a disallowance of federal funding by the Centers for Medicare & Medicaid Services (CMS) against the West Virginia Medicaid Program.

The 4th Circuit Decision in West Virginia Department of Health and Human Resources, Bureau for Medical Services vs. Kathleen Sebelius, et al. ruled that CMS acted within its authority when it withheld from the West Virginia Department of Health and Human Resources, Bureau of Medical Services, West Virginia'a Medicaid Program (DHHR) approximately $634,000 (which was reduced to approximately $446,000)in Medicaid funding, which represented it share of overpayment made to providers as a result of Dey, Inc., a pharmaceutical company, alleged fraud. CMS notified DHHR of the disallowance after Dey entered into an $850,000 settlement of claims brought by the West Virginia Attorney General on behalf of West Virginia under West Virginia's Consumer Credit and Protection Act.

The disallowance by CMS was calculated by multiplying the state's estimated damages allocable to Medicaid, approximately 67% by the settlement amount adn then multiplied this figure by West Virginia's FMAP rate of 78.14% to arrive at the $446,000 amount. The HHS Department of Appeals Board concluded that this allocation methodology was reasonable.

I have only done an initial review of the decision and won't go into the merits of the arguments at this time. Read the full decision for a more complete understanding of the decision and check out today's article in the Charleston Daily Mail.
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