Friday, October 30, 2009

House Healthcare Bill Creates Health Insurance Cooperatives

The House Bill introduced recently creates Consumer Operated and Oriented Plan  programs ("CO-OP") which are nonprofit health insurance insurance cooperatives which are to be member-owned.   The CO-OPs are a new type of health insurance which are not to be affiliated or the successor to an existing health insurance plan.  Each CO-OP must be licensed in each state it plans to operate.  There will be grants and loans available for the creation of these new entities.

The creation of the CO-OPs will be a new aspect to healthcare reimbursement.  CO-OPs will need to rely upon professionals with the skills and expertise in health law to navigate the state and federal requirements which are applicable.  Those firms which have historically represented health insurance plans and payors will no longer be able to provide assistance; either due to lack of experience and expertise or due to conflicts of interest in representing plans and payors and CO-OPs.  However, those professionals who have counseled nonprofits and providers will be well-suited to advise on the creation and governance of these new entities.

As more details emerge on CO-OPs, additional considerations will doubtless be raised.  Stay tuned.

Thursday, October 29, 2009

HIT Policy Committee Discusses "Meaningful Use"

At a recent meeting of the HIT Policy Committee , small practice and solo physicians, community health providers, behavioral health providers, doctors who treat minorities testified that "meaningful use " may be a good idea in theory, but there are many problems. The providers said they don't see many doctors adopting HIT, while others say collection of data could be used to punish them in the future.

Many of the complaints focused on financial and time barriers. Physicians have asked ONC and CMS to consider expanding and clarifying the requirements for "meaningful use." CMS, with counsel from ONC, is currently writing a proposed rule on meaningful use, to come out by the end of the year, according to David Blumenthal, head of ONC.


Wednesday, October 28, 2009

Seventh Circuit "Finally" Develops Electronic Discovery Program

The Seventh Circuit Court of Appeals has launched its Electronic Discovery Pilot Program, commencing October 1, 2009. The program is meant to address the e-discovery issues triggered by the changes to the Rules of Civil Procedure relating to discovery of electronically-stored information.

Draft Criteria for HIE Accreditation Program

The Electronic Healthcare Network Accreditation Commission has released its draft criteria for a Health Information Exchange Accreditation Program.

The criteria mirrors the HIPAA Privacy and Security Rule requirements.  This can offer an easy form of checklist for HIE's looking to ensure their compliance but should be viewed as only a starting point for overall compliance.

The target release date is April 2010.