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Tag: EHR

Personal health records and the law

The October edition of the Health Lawyers News, a publication of the American Health Lawyers Association (AHLA), contains an article I co-authored with Jud DeLoss, a principal in the law firm of Gray Plant Mooty, who blogs at Minnesota Health IT. On the eve of the Health 2.0 Conference this week the article provides a look at some of the legal issues around PHRs.

The article, The Rise of the Personal Health Record: Panacea or Pitfall for Health Information (pdf version),
provides an introductory background on the changing world of PHRs,
highlights Health 2.0 and covers some of the legal implications and
compliance issues for PHRs. We are working on a longer and more
detailed analysis that will be turned into a Member Briefing for the Health Information and Technology Practice Group.
I would appreciate your posting a comment on topics or legal
implications that we might consider covering in the full Member
Briefing.

If you are a health lawyer, law student interested in
health law or otherwise interested in the the legal aspects of the
health care industry and not already a member of AHLA
— think about joining.

Bob Coffield is a health care lawyer practicing in Charleston, West Virginia in the law firm of Flaherty, Sensabaugh & Bonasso, PLLC who blogs on health care legal issues at Health Care Law Blog.

Using clinical decision support to get the right diagnosis the first time

Joseph Britto is co-CEO of Isabel Healthcare, a clinical software vendor that helps clinicians with diagnosis. He practiced medicine in the UK before joining with co-CEO Joseph Maude to start Isabel, named after Joseph’s daughter who was wrongly diagnosed with Chicken Pox and nearly died as a result. Joseph has a personal connection as he was the physician in charge of Isabel’s recovery.

Remember President Bush’s goal, first stated in the 2004 State of the Union message, of giving “every American” his own EMR by 2014?

That goal seems as elusive as ever, especially in light of a recently released study by the The Center for Studying Health System Change which found a discouragingly low rate of EMR adoption among physicians. The new study, released last month, reported that only 29 percent of the hospitals surveyed were actively supporting physician acquisition of EMRs through financial or technical support. This number was disappointing in light of the current government initiative that has relaxed federal rules on physician self-referral and made available hundreds of millions of dollars in various subsidies for EMR adoption by physicians.

Many health policy experts believed that “if you subsidize it, they will come.” While that approach has worked in persuading people to take mass transit, it hasn’t lured many physicians into using EMRs.

Why the reluctance? One reason is cost. On September 25, 2008, the Certification Commission for Healthcare Information Technology (CCHIT) issued a report that reviewed 90 EMR incentive programs (state, federal, private) with a total funding of $700 million available.

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EMR implementation — a saving grace or year of hell?

A friend of mine sent me this link – "Beware of the EMR ‘Ponzi scheme,’ warns physician leader" — earlier this week. The article starts off by saying:

Healthcare IT does not necessarily make life easier for
primary care physicians, says a leader in the movement to make medicine
more efficient and patient-centered.

"When you put an EMR into a primary care practice, your life is hell for the next year," said L.Gordon Moore, MD.

"EMR vendors aren’t really giving us what we need. We have to make a
distinction between a robust EMR with decision support tools, and one
that is just being marketed as a way to improve coding. And we really
need to get out of the E&M coding game."

Yikes. I’ve been in the health care IT market for a while and that’s
probably one of the strongest anti-EMR statements I’ve seen publicly.

I know many readers are physicians — how many of you concur with Dr. Moore?

Shahid Shah is a health care consultant, specializing in IT. He blogs regularly at The Healthcare IT Guy.

Reader mail: EMR advice from an IT insider

JD’s comment on a recent post was so excellent it deserved re-running.

Large medical systems generally have implemented EMRs while small, independent practices have not. It’s not a government or socialism thing. That 13% EMR penetration statistic masks a huge disparity between the bulk of physicians in 1-3 person practices and the minority of physicians in large practices (or at hospitals).

The EMR problem reflects on a larger problem of fragmentation in the US medical sector that serves no purpose for the larger public interest. The Mayo clinic manages to offer some of the highest quality care in the US, does cutting edge research, has some of the lowest rates of unnecessary resource utilization, and pays its doctors a salary. Those things are not accidentally connected (well, the cutting edge research part is).

Given the huge lift necessary to move physicians into integrated delivery systems, I’m not holding my breath that it happens soon. There are things that can be done with private practices, but they present challenges of their own.

One relatively unheralded effort I’ve been involved with is New York City’s Primary Care Information Project, which is providing a good, standardized EMR at highly subsidized rates (over 50%). These EMRs are equipped with public health-directed enhancements like connections to disease and immunization registries and reporting of HEDIS-like data. The plan is to link them in a health information exchange and allow for more sophisticated (and easy to administer) pay for performance or value-based payment. The physicians involved are in small private practices and public health clinics.

But it is a huge slog to get these physicians signed up in the small private practices. For some physicians, the comprehensive EMRs are almost free and yet you have to talk to 20 doctors to get a single one to sign up. It’s not just resistance to change. There is also an attitude among some that they’re making enough money as is, and doesn’t need to make any change. There is a resource problem: these offices have just a couple staff people who aren’t very technically proficient.

This is a big problem. Sometimes staff will undermine your effort to get in touch with the physician because they don’t want to be bothered, and also because they suspect (rightly) that their jobs may be in jeopardy. A large practice can reduce administrative FTEs by about 1 per physician. How this translates into a small private practice is a vexed issue. Do you fire one of the three staff people who have been working with you for years and feel like family? Or maybe your staff actually are family members. Sometimes the solution is to turn one staff member into a part time worker, though that can create its own dramas and problems for solo practices. But if you don’t let anyone go or reduce FTEs, you aren’t going to save money on your EMR.

Problems like this obstruct progress in EMR implementation less in a large institutional context where letting people go or retraining is easier, where tech support is a whole department, where people can spend time thinking about the strategic direction the EMRs serve and can engage in a formal RFP process to at least have a better chance of not getting stuck with a loser EMR, and where large capital investments can be more easily managed as part of the corporate planning process.

Reader mail: Pitfalls of EMR implementation

This recent comment about information technology implementation by a reader named Rob was so excellent it deserved re-running.

I’m a technologist. I’ve been implementing information technology
professionally for 25 years. I’ve been doing EMRs for the last five. There
are lots of ways this can go wrong, large or small.

1) Resistance: People hate change. Sometimes they’re correct. Most
often they’re a self-fulfilling prophesy as, without technologists
having support from above, and engaged knowledge from below, we end up
the scapegoat. You can’t computerize people. You can only make
computers part of their job. Just as you can’t make people fit a paper
form.

2) Hyper-acceptance: Problem-solving people with good intent come up
with brilliant ideas that ignore the basic nature of technology. Even
if you include all stakeholders, unless they trust a professional
technology staff, if they ignore good advice, if they simply order
technologists to do as they say, it won’t work. Information Technology
is really People Psychology, and the best of us know something about
both.

3) Technological Eeyores: A large percentage of technology
professionals are about the machine. They’re about the what and the
how. They’re not about the who. It’s easy to fall into the view that
the system was working perfectly before people got to it. Technology is
90% people. What are they doing? What is the real need? Can we do this
without adding a gadget? These are hard questions to ask, and the
broken and cynical among us won’t ask them. Sometimes they’re right
that no one will listen anyway.

It is said that technology is an artifact of all the compromises the
designers made to create it. I disagree. At its best, it is a living
thing that’s part of what people do; it’s an aspect of its users. It
can’t tell us what to do, though. Nor can it ask. This can all go
right, though. It can be successful.

That takes people. They’re expensive. That’s another thing. Can I,
in all candor, ask that we, as a society, stop seeking cheapness and
start seeking shared excellence? To me, that’s the real issue.

KevinMD turns into raving socialist…

Well not quite, but in his op-ed at USA Today Kevin talks about why it’s a problem for the US not to have wide deployment of EMRs, and notes that it’s the wrong incentives that are to blame—docs have to pay but others reap the rewards. So in Kevin’s words:

One needs to look at the Department of Veterans Affairs for an optimal model. All of the VA’s primary care physicians, specialists and hospital-based doctors across the country use the same electronic record system. It has played a significant role in the reduction of medical errors, optimization of cost efficiency, and attainment of high scores in preventive care measures.

Kevin’s usually criticizing me for being the wooly lefty, but I could be pardoned for thinking that he’s suggesting that we junk the current US system in favor of rolling all docs and patients into the VA. I wouldn’t suggest that but far be it from me to tell Kev that he’s wrong!

Judging personal health records by their usefulness

It appears that at least the first phase of personal health record (PHR) certification from CCHIT (Certification Commission on Health Information Technology) will focus on a narrow set of attributes. CCHIT Chairman Mark Leavitt told a group earlier this month that the first set of PHR standards will focus primarily on privacy, security and interoperability.

Leavitt indicated that functionality standards would initially only address what functions are needed to support privacy, security and interoperability. I asked him the following question: Given that what many consumers need to know is how useful would different PHRs be to helping them and their families manage their health, wouldn’t it make sense to include a broader assessment of functionality in CCHIT’s PHR certification?

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Complex HIT issues lack absolute answers

HalamkaListening to Obama and McCain you realize that some issues have no absolute right
answer. Pro-Life v. Pro-Choice, Pro-Gun v. Anti-Gun, Less Government v. More Government etc. Everyone has an opinion and often the emotions run high.

The same thing is true about health care data standards and interoperability, although the stakes are a bit lower than life and death issues.

Recently folks have asked me to comment about Carol Diamond and Clay Shirky’s article in Health Affairs which contains potentially controversial statements such as:

Yet after three years of standards documentation and the resolution of several standards ‘disputes,’ we remain a long way from seeing these standards used and implemented to enable health information sharing. As Sam Karp of the California HealthCare Foundation stated in his testimony to the Institute of Medicine Board on Health Care Services and National Research Council Computer Science and Telecommunications Board, ‘Not a single data element has been exchanged in real world health care systems using standards this process has developed or deployed.’

I did not find Carol and Clay’s article controversial. Both are good friends of mine and I agree with their thesis that technology is not enough to ensure successful interoperability. We need to agree on appropriate policies to protect privacy, incentives for implementation, and justifications for continued use of technologies to ensure widespread adoption.

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Another state gov’t. misses the boat on patient-centered care and HIT

Amid more data released that consumers are not using personal health records (PHRs) or don’t even know what they are, the state of West Virginia has launched a Web site designed to convince consumers of the merits of health information technology (HIT).

As best I can tell from eHealthWV Web site, here’s the plan: “To ensure consumer input and involvement in the process of health information exchange and electronic health records, WVMI and its partners launched a new phase to the project in mid 2007.  It involves educating consumers about electronic health records and health information exchange.”I’m sure they mean well, but it would be helpful if one of these state efforts “ensured consumer input and involvement” by actually soliciting their input before designing their outreach. Right now, most states and health information exchange activities are focused on addressing consumers’ fears about data rather than their needs about health care.

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Adam Bosworth speaks about Google Health, Keas and everything

Adam_bosworthAfter a long period of time I’ve finally wrestled Adam Bosworth to the floor and forced
the microphone to his mouth. Adam of course is the software guru (he’s one of the originators of XML) who went to Google to start Google Health, and spent much of 2007 talking about how he hoped Google Health would change health care. He then left Google Health (several months before it launched in March 2008) and at the very end of 2007 founded Keas. Adam will be at the Health 2.0 Conference and while Keas is in stealth mode at the moment, he may just be ready to show us all a bit of Keas’ technology by then.

But he also has very strong views on health technology, data, PHRs. HealthVault & Google Health, and much much more. Listen to the interview.

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