Congress: Current Legislation
Congress: Current Legislative Developments
Pennsylvania Congresswoman Introduces HIT Bill to Support Medicaid & SCHIP Providers: On September 27, Congresswoman Allyson Schwartz (D-PA) introduced the E-Centives Act of 2008 (H.R. 7191), a bill designed to encourage the use of health IT systems by providers in the Medicaid and SCHIP programs. The E-Centives Act (H.R. 7191) would provide enhanced federal payments to support state Medicaid programs that offer incentive payments to physicians, hospitals and community health centers that use certified health IT systems. Payments would kick in for any incentive programs operating in 2012 or later, with the total amount of payments annually capped at $500 million. The bill also would provide payments to states that established programs to develop electronic information and eligibility systems and patient registries, or to train providers in the use of such systems. Members can read a brief summary of the bill in eHI's October 6th newsletter. (Last updated October 21)
eHI Consensus Legislation Being Vetted in Final Draft Form: On Tuesday, September 16th, eHI’s Policy Steering Committee reviewed and incorporated numerous comments on the draft Consensus Legislation, which eHI shared extensively with members and other interested stakeholders over the summer. We would like to express our gratitude to everyone who contributed to the improvement and revision of the Consensus Legislation; without all of the invaluable advice and suggestions, the Consensus Legislation would not be as comprehensive of a document as it is today. eHI is now reaching out to each of its members to gain their agreement on publication of the final language contained in the Consensus Legislation.
The Consensus Legislation is the result of a member-driven process to create consensus across multiple stakeholders in healthcare regarding the specific actions that Congress can and should take to improve the quality, safety and efficiency of American healthcare through information and information technology—in a way that is responsible, sustainable, responsive to each stakeholder’s needs, and which builds and maintains the public’s trust. (Last updated September 23) Click here for more information.
Ways & Means Committee Democrats Introduces Health-e IT Act: On September 15, 2008, the House Ways & Means Committee introduced the Health-e IT Act of 2008 (H.R. 6898). Unlike the PRO(TECH)T Act (H.R. 6357), this bill was not introduced as a bipartisan effort, as the Ways & Means Republicans withheld initial judgment while they worked to have their input considered in the drafting of the Health-e IT Act. There was no additional markup made on the bill once released, and no further action on any existing HIT legislation as the regular 2008 congressional session came to a close in early October. For more information about the bill, members can read a summary in eHI's September 15th newsletter. (Last updated October 21)
Democratic & Republican Parties Add Health Information Technology Components to National Platforms: In August and September 2008, the Democratic and Republican parties, respectively, released their National Party Platforms. Both parties included language relating to Health Information Technology adoption. The Democratic Party seeks to develop “A Modernized System that Lowers Cost and Improves the Quality of Care”, with the GOP platform focusing on the “Use of Health Information Technology to Save Lives.” The full party platforms, including sections on HIT can be found at:
Republican: http://www.gopplatform2008.com/2008Platform.pdf
Democratic: http://www.democrats.org/a/party/platform.html
House Small Business Committee Holds Hearing on the Challenges of EHRs in Small Practices: On July 31, 2008, the House Committee on Small Business held a hearing to discuss “Cost and Confidentiality: The Unforeseen Challenges of Electronic Health Records in Small Specialty Practices.” The hearing, led by Chairwoman Nydia Velazquez (D-NY) and Ranking Member Steve Chabot (R-OH), focused on the ways that costs of adoption, privacy concerns, and the lack of industry-wide standards may deter small medical practices from adopting health IT systems. Chairwoman Velazquez indicated she would consider the introduction of legislation that would focus on providing financial support for health IT adoption, especially to small practices, perhaps through expanding the use of Small Business Administration loans to support such practices. (Last updated September 23)
Senate Finance Committee Hearing Highlights Health IT and Comparative Effectiveness: On July 17, 2008, the Senate Finance Committee met to discuss “The Right Care at the Right Time: Leveraging Innovation to Improve Health Care Quality for All Americans,” focusing primarily on the areas of health IT adoption, and comparative effectiveness research. A general consensus was reached that health IT and comparative effectiveness could help, in time, to reduce spending and inefficiencies in health care. Peter Orzag, Director of the Congressional Budget Office, highlighted a Dartmouth study which found that eliminating unnecessary health care spending could lead to a savings of more than $700 billion. In order to achieve such savings, he emphasized the need for broader adoption of health IT and comparative effectiveness research to help develop a greater understanding of best practices in health care. Other testimony included discussion on developing government interventions for health IT more quickly, creating a quasi-independent body, the Center for Comparative Clinical Effectiveness, as well as tying participation in Medicare for physicians to health IT adoption. (Last updated September 23)
Congress Overrides Presidential Veto, Enacts Medicare Bill: On July 16, 2008, President Bush vetoed the Medicare Improvements for Patients and Providers Act (H.R. 6331), and was overridden by overwhelming margins in both the House and the Senate, signing the bill into law all in one working day. The bill replaces scheduled cuts in Medicare physician reimbursements in 2008 and 2009 with a small increase, and provides immediate incentives to physicians who e-prescribe. The bill also provides $10 million in funding over each of the next four years for the National Quality Forum, which previously had no dedicated source of congressionally-authorized funding. (Last updated September 23)
eHI Submits Testimony to House Energy & Commerce Committee on HIT Legislation: On June 3, eHI submitted testimony to the E&C Committee on the Committee's health IT draft legislation, providing comments based on eHI's ongoing experience in working with a wide range of health care stakeholders in drafting consensus health IT legislation. (Last updated June 17) Click here for a PDF of eHI's testimony.
House Energy & Commerce Committee Considers Health IT Draft Legislation: On May 22, the House Energy & Commerce Committee released a discussion draft of a new health information technology bill. The legislation draws from a number of existing bills as well as some new concepts in its attempt at building a comprehensive approach to promoting the utilization and financing of health information technology. (Last updated June 16) Click here for more information.
Congressional Budget Office Issues Landmark Report on Costs and Benefits of Health Information Technology: On Tuesday, May 20, the Congressional Budget Office (CBO) released its long-awaited report on health IT, providing some context and few answers while raising a whole host of new questions about the future of CBO’s scoring methodology regarding health IT. As the federal office that estimates the financial impact of proposed legislation, its “scores,” or cost estimations, have a significant impact on the fate of health IT bills. (Last updated May 21) Click here for more information about the report.
Privacy Re-Emerges in the Senate: The revised text of the Leahy amendment, available here, would strike a provision within Wired which would have effectively made some HIT or PHR vendors and possibly HIEs become covered entities under the HIPAA. The amendment would define more succinctly marketing practices as addressed by the HIPAA regulations, allowing consumers the right to chose whether or not their health information is used for marketing purposes. The amendment also allows individuals to receive an electronic copy of their personal health information if their provider, or any other covered entity holding their personal health information to the extent feasible, is holding that information in an electronic format.
The Senate's Wired Act: On Hold, or Not' - Many stakeholders across Washington D.C. have been laboring under the belief that Senator Patrick Leahy (D-VT) placed an official "hold" on the Wired for Health Care Quality Act, preventing it from reaching the Senate floor last year... More>>
Congress Clears Omnibus Legislation Funding HHS and Other Federal Programs for FY08 - Before Congress recessed for the Holidays on December 19th, The Consolidated Appropriations Act of 2008 was passed. Included in the legislation was the Department of Health and Human Services Appropriations Act of 2008, the bill which sets the amounts of appropriated funds that will be given to HHS and its agencies for fiscal year (FY) 2008... More>>
Senate Judiciary Committee Holds Hearing on ePrescribing - Senator Sheldon Whitehouse (D-RI) and Senator Tom Colburn (R-OK) held a hearing on December 4th focusing on the current challenges surrounding the development and adoption of regulations to permit the electronic prescribing of controlled substances... More>>
ePrescribing Legislation Introduced in the Senate - Senators John Kerry (D-MA), Debbie Stabenow (D-MI), John Ensign (R-NV), John Sununu (R-NH) and Mel Martinez (R-FL) introduced a bill last week that would provide many healthcare providers with financial incentives for the use of ePrescribing systems in their offices... More>>
Health IT Legislative Outlook - With a limited amount of time left before legislators adjourn for the year and officially close the 110th Congress, the future of health IT legislation still remains unclear. Senate leaders may make a third possible attempt to pass the Wired for Health Care Quality Act this coming week... More>>
eHealth Initiative Releases 110th Congress Legislative Crosswalk - click to view eHI's overview of legislation from the 110th Congress
Updated Text of Wired for Health Care Qualty Act of 2007 - Members can click here to read the newest draft of the Wired Act. This requires a member login.
Update on "Promoting Health Information Technology Act" - Congresswoman Anna Eshoo (D-CA) recently introduced HR.3800, "Promoting Health Information Technology Act", as a match to the Senate's "Wired for Health Care Quality Act" (S.1693)... More>>
House Subcommittee on Oversight and Investigations Hearing Wednesday - The House Subcommittee on Oversight and Investigations will hold a hearing on Wednesday, October 24 entitled "Why has the National All Schedules Prescription Electronic Reporting (NASPER) Act Not Been Implemented'" The hearing will focus on HR.1132, the "Prescription Electronic Reporting Act", passed by the 109th Congress... More>>
Health IT and Quality Provisions included in House SCHIP Reauthorization Bill - With the September 30th expiration date of the State Children's Health Insurance Program (SCHIP) looming, and members of the House and Senate eager to leave Washington during August recess, reauthorization bills were passed separately in both chambers last week. The House version contained provisions related to health IT (HIT) and quality measures under the Medicare program... More>>
Senator Kennedy (D-MA) and Senator Leahy (D-VT) Introduce Patient Privacy Protection Bill - Health, Education, Labor and Pensions (HELP) Committee Chairman, Senator Edward Kennedy (D-MA), and Judiciary Committee Chairman, Senator Patrick Leahy (D-VT) introduced a bill on July 18th aimed at adding privacy protections for electronic patient medical records... More>>
Senator Debbie Stabenow (D-MI) and Senator Olympia Snowe (R-ME) Propose HIT-Related Amendment to SCHIP - Senator Stabenow and Senator Snowe, who co-chair an HIT caucus in the Senate, proposed an amendment to the Senate's State Children's Health Insurance Program (SCHIP) reauthorization bill... More>>
Representative Moore (R-KS) Introduces Health Records Trust Bill - On July 11, Representative Dennis Moore, a Congressman from Kansas, introduced the Independent Health Record Trust Act of 2007. The bill, H.R. 2991, would establish through the Federal Trade Commission (FTC) and the National Committee on Vital and Health Statistics (NCVHS) a network of certified health record "trusts" for the purpose of storing individual electronic health records (EHRs). ...More>>
Senate HELP Committee Votes Unanimously to Approve "Wired for Health Care Quality Act of 2007" (S.1693) On June 27, the Senate HELP committee voted unanimously to move S.1693 out of committee clearing the way for a full Senate vote. The bill, sponsored by Senators Kennedy (D-MA), Enzi (R-WY), Hatch (R-UT) and Clinton (D-NY), was introduced June 24th. Two amendments that were schedule to be heard during the markup were dismissed as Senator Kennedy urged Senators Dodd (D-CT) and Reed (D-RI) to raise their amendments on the Senate floor... More>>
To download a copy of S.1693 without amendments, click here.
To read a detailed summary of the of the draft bill click here.
To view eHI's comments on the earlier draft bill click here
Secretary Leavitt Comments on Wired Act and Opposes Some Provisions - HHS Secretary Michael O. Leavitt sent a letter to the Senate Committee on Health, Education, Labor and Pensions (HELP) on Tuesday June 26, the day before the committee was scheduled to mark up the Wired for Health Care Quality Act (S. 1693). In the letter, the Secretary noted that "this legislation, as presently drafted, would create significant barriers to continued progress already underway."... MORE>>
Iraq Supplemental Spending Bill Includes Provision on ePrescribing - The Iraq war supplemental appropriations bill that was signed into law last month included a provision which will affect the way physicians are reimbursed when prescribing medication under the Medicaid program... More>>
Congressman Wu's "10,000 by 2010" Bill Passed by House - The House approved on a voice vote Wednesday H.R. 1467, Congressman David Wu’s (D-OR) “10,000 by 2010” legislation. The bill is designed to increase the amount of health informatics-focused curriculum in higher education institutions... More>>
Congressman Gordon Introduces Patient I.T. Integration Bill: Bart Gordon (D-TN), Chairman of the House Committee on Science and Technology ,has introduced legislation (HR 2406) that would authorize the National Institute of Standards and Technology (NIST) to establish standards and guidelines for interoperability of electronic health records (EHRs)... More>>
