Legislative Updates
 
 

Legislative Update: CMS Announces Enforcement Delay for HIPAA Upgrade

The Centers for Medicare and Medicaid Services (CMS) announced November 17 that it will hold off for 90 days on enforcement actions on non-compliance with the HIPAA upgrades that are effective January 1, 2012. As of January 1, HIPAA-covered entities are to be using the Accredited Standards Committee (ASC) X12 Version 5010 transactions or National Council for Prescription Drug Programs (NCPDP) Version D.0. The CMS announcement means that, in its role of overseeing the HIPAA transactions, CMS will not begin to level fines or take other action until March 31, 2012—three months after the compliance date.

The CMS announcement does not prohibit health plans from denying transactions that are not in the new version. However, the electronic data interchange (EDI) structure does allow receivers to accept an older version (for example, a partner up to speed on 5010 can accept 4010). CMS did not indicate if it would reject version 4010 claims (X12-837). CMS also did not address the problems that providers who are not ready for version 5010 will have in accepting 5010 remittance and payment transactions (X12-835).

While the potential exists for the industry to use both versions 4010 and 5010, this solution will not be possible for the ICD-10-CM/PCS conversion in 2013, and CMS has been clear that this change will not affect the ICD-10 compliance deadline. To review the CMS press release, click here.


Legislative Update: AHIMA Comments on IOM Report on Health IT

AHIMA calls for national dialogue between all stakeholders to address the recommendations made in the Institute of Medicine’s (IOM) report, “Health IT and Patient Safety: Building Better Systems for Safer Care.” Read the complete statement here. As a result of AHIMA’s timely response to the IOM report, the association was well represented in the media on this important issue. A couple examples include AHIMA’s Practice Resources Director Lou Ann Wiedemann, MS, RHIA, FAHIMA, CPEHR, interview with the Wall Street Journal; and AHIMA’s director of Practice Leadership Michelle Dougherty, MA, RHIA, CHP, commented on the issue in SearchHealthIT.


Legislative Update: Homeland Security Act, Patriot Act, Freedom of Information Act, and HIM

Looking for more information on the Freedom of Information Act?  Check out the Practice Brief in the Body of Knowledge on the AHIMA Web site!  The brief is a review and comparison of the Homeland Security, Patriot, and Freedom of Information Acts. It also includes information about the mandatory reporting of health information and an overview of syndromic reporting (a new form of mandatory reporting). Be sure to also read the tips on how to incorporate these acts into the workplace. This practice brief provides a great refresher on protecting patient privacy, so check it out today!


Legislative Update: Measure Applications Partnership Draft Reports Released for Public Comment

The Measure Applications Partnership (MAP) is a public-private partnership created for the purpose of providing input to the Department of Health and Human Services (HHS) on the selection of performance measures for public reporting and performance-based programs. Two MAP draft reports are now available for public comment:

The Clinician Performance Measurement Coordination Strategy draft report aims to enhance alignment across federal programs focusing on aligning measures and data sources, characterizing an ideal measure set, defining data platform principles, and determining a pathway for improving measure application. The clinician coordination strategy also features a draft version of the MAP measure selection criteria that will be used to assess fitness of a measure set for use in a specific program.

The Coordination Strategy for Healthcare-Acquired Conditions and Readmissions Across Public and Private Payers draft report identifies three focus areas for aligning public and private efforts to reduce healthcare-acquired conditions and readmissions: measures, data, and specific coordination strategies. Comments are due by Monday, September 12, at 6 pm ET. AHIMA is calling for volunteers to participate in the review and comment of the reports. If you are interested, please contact AHIMA’s director of practice leadership, Crystal Kallem, or call (312) 233-1537. 


Legislative Update: AHIMA Responds to CMS’ Proposal for Availability of Medicare Data

AHIMA recently responded to a proposed regulation issued by the Centers for Medicare and Medicaid Services (CMS) [76FR33566] implementing new statutory requirements regarding the release and use of standardized extracts of Medicare claims data to measure the performance of providers and suppliers in ways that protect patient privacy. This rule explains how entities can become qualified by CMS to receive standardized extracts of claims data under Medicare Parts A, B, and D for the purpose of evaluation of the performance of providers of services and suppliers.