Literature Review

Strengthening nondiscrimination protections and advancing civil rights in health care through Section 1557 of the Affordable Care ActHHS press release; 11/13/24Publisher's note: While the final rule was released this Spring, compliance deadlines begin this month and might be burdensome for some providers to implement. In addition to the link above, guidance can be found here: final rule, press release, fact sheet.

HHS to impose penalties on providers that block patients’ health information McKnights Home Care; by Adam Healy; 6/24/24In a bid to promote easier access and exchange of patients’ health records, the Department of Health and Human Services published a final rule Monday outlining penalties for providers that block access to electronic health information. ... Fragmented and inaccessible patient data can prevent long-term and post-acute care providers from seeing the full picture of a patients’ health. Hospitals, for example, are not required to share updates about a patient’s health with the patient’s post-acute care provider. As a result, home health and home care agencies frequently cannot access patients’ electronic health records to help assess and treat patients. Three disincentives: ... First, hospitals that commit information blocking can be subject to a reduction of three quarters of an annual market basket update. Second, clinicians eligible for the Merit-based Incentive Payment System will receive a zero score in the “promoting interoperability performance” MIPS category, which can be equivalent to roughly a quarter of the clinician’s MIPS score in a given year. Lastly, providers that participate in information blocking can have their Medicare Shared Savings Program or Accountable Care Organization eligibility revoked for at least one year. ...Editor's Note: Almost any solution raises additional challenges. How does HIPAA interface with this? How might a cyberattack at a hospital (or other healthcare agency) affect the patients' other agencies, putting them at risk as well?

HHS puts $50M toward hospitals' ransomware fightBecker's Health IT; by Molly Gamble; 5/20/24A new agency within the National Institutes of Health is launching a $50 million initiative to develop tools for hospital IT teams that enhance their cybersecurity measures and resources to combat ransomware. On May 20, the Advanced Research Projects Agency for Health introduced its Universal PatchinG and Remediation for Autonomous DEfense, or UPGRADE, program. "What if every hospital could autonomously protect itself and patients from cyber threats?" That is the guiding question for the initiative, which aims to develop a tailored and scalable software suite of remediations and patches for hospitals, reducing the patching time for vulnerable healthcare products to days or weeks.