Patient-Centered Health Information Technology in the New Congress

With the 110th Congress about to get underway, it’s exciting to think about the possibilities for patient-centered health information technology (HIT) legislation.  Last fall, Congressman Patrick Kennedy introduced a bill (HR 6289) that would create incentives for using personal health records (PHRs). Unlike much of the HIT legislation out there, it really focuses on consumer’s personalized information needs and enhancing the clinician-patient relationship.  In particular, the bill describes requirements including that a qualifying PHR has the capability of “sending patient-specific patient education, reminders, and clinical messages to patients based upon data in the record.”
 
The bill, appropriately titled the Personalized Health Information Act, that was introduced in the 109th Congress likely will be reintroduced soon for the new Congress.  Although it’s not clear how strong the financial incentives will be (though private & public organizations can contribute to the incentive fund with targeted information therapy (Ix) campaigns), there are several sections that are all about Ix…without calling it that.  For example,

• One of the provider requirements is that (Sec. 2.c.4) “The physician (or provider) uses the QPHR as appropriate and authorized by the patient to communicate appropriate patient education and care management messages.”
• And the entire section (2.e.1.E) on “Messaging Capabilities” is all about Ix…

E) MESSAGING CAPABILITIES-
(i) EDUCATION REMINDERS- Subject to clause (v), the record is capable of sending patient-specific patient education, reminders, and clinical messages to patients based upon data in the record, but such messages shall not be sent unless such messages comply with standards adopted under paragraph (3). The Secretary shall work with the Secretary of Homeland Security and the Director of the Centers for Disease Control and Prevention to optimize the public health and emergency response capabilities of the networks created by QPHRs.
(ii) FEDERAL REMINDERS- Subject to clause (v), the record provides for the sending on behalf of Federal agencies of objective, accurate, patient-specific messages to patients concerning their health care or benefits, but such messages shall not be sent unless the messages comply with standards adopted under paragraph (3).
(iii) FUND PARTNER MESSAGES- Subject to clause (v), the record provides for the sending, on behalf of Fund partners who contribute to the Fund, appropriate patient-specific messages to consumers (with whom such partners have pre-existing relationships) concerning the patients’ health care, medications, treatments, medical devices or benefits, but such messages shall not be sent unless such messages comply with standards adopted under paragraph (3).
(iv) HEALTH PLAN NOTIFICATION- The QPHR service notifies, no less frequently than quarterly, each Fund partner that administers a health benefit plan of the individuals who are enrolled in the plan and who have a QPHR established.
(v) LIMITATION ON COMMERCIAL SOLICITATION- The record does not allow any commercial solicitations, marketing, or messages to patients unless the patient is a patient or beneficiary of the sender, uses the sender’s product with a prescription or recommendation of a provider, or has some other pre-existing relationship (as defined by the Secretary), or other messages that do not comply with standards adopted under paragraph (3), and the record ensures that every message clearly identifies the source of the content.
(vi) PATIENT OPT-OUT- The record allow a patient (or patient’s authorized representative) to opt out of receiving messages entirely or from particular sources.Honestly, I don’t have any idea what the chances are for this legislation to move forward, but at least it’s nice to know that HIT legislation is being proposed to address the ways that HIT can truly support patient and consumer empowerment.

Honestly, I don’t have any idea what the chances are for this legislation to move forward, but at least it’s nice to know that HIT legislation is being proposed to address the ways that HIT can truly support patient and consumer empowerment.

Let’s hope that this is just the beginning. 

 - Josh  

Explore posts in the same categories: Inside the Beltway, PHRs, Patient-Clinician Relationship, Standards Development