Privacy Crucial to E-Health Interoperability, Not Enemy of Standards
Privacy protections must be integrated with the development of an interoperable electronic health network, Janlori Goldman, director of the Health Privacy Project, said Sept. 25.
Addressing attendees and fellow panelists at the Thirteenth Annual HIPAA Conference, Goldman said too often, privacy protections under the administrative simplification provisions of HIPAA have been looked at as obstacles to achieving interoperability of health care records.
Goldman criticized the enforcement philosophy of the Department of Health and Human Services to urge covered entities--providers, insurers/payers, and clearinghouses--to comply voluntarily with standards, and the department's reluctance to fine offenders.
"If you enforce the rules and fine people, then people will take it seriously," Goldman said.
However, panelist Stanley Nachimson of CMS’ Office of HIPAA Standards, said, "We made a conscious choice to be complaint-driven. We made a conscious choice to move toward a corrective action and that we would not immediately fine" a noncompliant covered entity.
Privacy Crucial
Ensuring the privacy of protected health information is crucial to the success of HIPAA transaction and code sets, security, and provider identifier rules, as well as an interoperable electronic health care record system, Goldman said.
Without this protection, patients are going to continue to be leery of electronic records and reluctant to participate, she said. A recent survey showed that 50 percent of people believe that protected health information is more secure on paper than in electronic form, she said.
"Fear overwhelms any benefit people may be getting," said Goldman, a research scholar at the Center on Medicine as a Profession, Columbia College of Physicians & Surgeons, New York. "We need the federal government to take the lead, not just to leave it up to the market."
Panel member Jodi G. Daniel, director of the office of policy and research, Office of the National Coordinator for Health Information Technology at HHS, agreed that privacy and security are critical and should be "thought of in tandem with technical and architectural standards" of interoperable electronic health care records. "We strongly believe that an electronic system provides greater protection than a paper-based system."
In describing the goal of an interoperable system, HHS Secretary Mike Leavitt in August compared it to automatic teller machines or credit cards. In other words, "you can use it anywhere in the world and it works, because it's interoperable," Leavitt said. "Everybody competes but uses the same system, basically, to transact their affairs."
Lessons of HIPAA
Panel Chairman William R. Braithwaite, chief medical officer of the eHealth Initiative and Foundation, said experiences with HIPAA rule compliance offer lessons for the Bush administration's push for health information technology.
Braithwaite said the experience with the HIPAA administrative simplification regulations teaches that:
Adoption and maintenance of a new way Privacy protections must be integrated with the development of an interoperable electronic health network, Janlori Goldman, director of the Health Privacy Project, said Sept. 25.
Addressing attendees and fellow panelists at the Thirteenth Annual HIPAA Conference, Goldman said too often, privacy protections under the administrative simplification provisions of HIPAA have been looked at as obstacles to achieving interoperability of health care records.
Goldman criticized the enforcement philosophy of the Department of Health and Human Services to urge covered entities--providers, insurers/payers, and clearinghouses--to comply voluntarily with standards, and the department's reluctance to fine offenders.
"If you enforce the rules and fine people, then people will take it seriously," Goldman said.
However, panelist Stanley Nachimson of CMS’ Office of HIPAA Standards, said, "We made a conscious choice to be complaint-driven. We made a conscious choice to move toward a corrective action and that we would not immediately fine" a noncompliant covered entity.
Privacy Crucial
Ensuring the privacy of protected health information is crucial to the success of HIPAA transaction and code sets, security, and provider identifier rules, as well as an interoperable electronic health care record system, Goldman said.
Without this protection, patients are going to continue to be leery of electronic records and reluctant to participate, she said. A recent survey showed that 50 percent of people believe that protected health information is more secure on paper than in electronic form, she said.
"Fear overwhelms any benefit people may be getting," said Goldman, a research scholar at the Center on Medicine as a Profession, Columbia College of Physicians & Surgeons, New York. "We need the federal government to take the lead, not just to leave it up to the market."
Panel member Jodi G. Daniel, director of the office of policy and research, Office of the National Coordinator for Health Information Technology at HHS, agreed that privacy and security are critical and should be "thought of in tandem with technical and architectural standards" of interoperable electronic health care records. "We strongly believe that an electronic system provides greater protection than a paper-based system."
In describing the goal of an interoperable system, HHS Secretary Mike Leavitt in August compared it to automatic teller machines or credit cards. In other words, "you can use it anywhere in the world and it works, because it's interoperable," Leavitt said. "Everybody competes but uses the same system, basically, to transact their affairs."
Lessons of HIPAA
Panel Chairman William R. Braithwaite, chief medical officer of the eHealth Initiative and Foundation, said experiences with HIPAA rule compliance offer lessons for the Bush administration's push for health information technology.
Braithwaite said the experience with the HIPAA administrative simplification regulations teaches that:
Adoption and maintenance of a new way of managing, recording, and transmitting health information takes too long;
Compliance is slow and spotty, even when required by federal law; and
Even if it will save a lot of money, health care industry participants will not change rapidly.
Braithwaite agreed with Goldman that uncertainty and lack of trust are the biggest barriers to efficient health information exchange (HIE). He postulated that privacy rules might change to make them more consistent across states.
"The trend is to increase patient control over information disclosure, but it will require new technology and processes," Braithwaite said. "Standards must become more specific. Interoperability requires tighter specifications and funding may be required. Conformist testing must become part of acceptance. Explicit guidance and consistent enforcement can also reduce uncertainty."
CMS's Nachimson said the health care industry will have to be convinced that interoperability is in their best interest. However, he added, "I don't think we've made the case for standardization."
More information is available at http://www.hipaasummit.com/.
of managing, recording, and transmitting health information takes too long;
Compliance is slow and spotty, even when required by federal law; and
Even if it will save a lot of money, health care industry participants will not change rapidly.
Braithwaite agreed with Goldman that uncertainty and lack of trust are the biggest barriers to efficient health information exchange (HIE). He postulated that privacy rules might change to make them more consistent across states.
"The trend is to increase patient control over information disclosure, but it will require new technology and processes," Braithwaite said. "Standards must become more specific. Interoperability requires tighter specifications and funding may be required. Conformist testing must become part of acceptance. Explicit guidance and consistent enforcement can also reduce uncertainty."
CMS's Nachimson said the health care industry will have to be convinced that interoperability is in their best interest. However, he added, "I don't think we've made the case for standardization."
More information is available at http://www.hipaasummit.com/.
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