HHS Seeks Comments on “Meaningful Use” Regulation Involving Accessibility of Electronic Health Records

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Electronic health records (EHR) are at the cutting edge of health information technology and a tool which has the potential to improve the quality and delivery of health care for all Americans. The HHS Office on Disability writes to advise you of an opportunity for disability community stakeholders to weigh in, as EHR policies and standards are being developed and implemented.

In late December, the Centers for Medicaid and Medicare Services (CMS) released a notice of proposed rulemaking that defined how health care providers can demonstrate “meaningful use” of electronic health records that would qualify themselves for Federal incentive payments made available under the American Recovery and Reinvestment Act of 2009 (ARRA) (Pub. L. 111–5.). At the same time, the Office of the National Coordinator (ONC) for Health Information Technology released an interim final rule describing certification standards for Electronic Health Records (EHR) technology.

On January 13, 2010, both the CMS notice of proposed rulemaking and the ONC interim final rule were published in the Federal Register, launching a 60-day public comment period. ONC states that with regard to EHR, the “accessibility requirements of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 still apply to entities covered by these Federal civil rights laws.”

Furthermore the interim final rule specifically requests feedback on the following item which may be of interest to you and your constituents:

We are interested in public comments to inform future deliberations on whether specific certification criteria could be adopted to further promote the capabilities Certified EHR Technology should provide with respect to meeting the accessibility needs of individuals with disabilities. Federal Register, Vol. 75, No. 8, Wednesday, January 13, 2010, Proposed Rules (p. 2005)

You have the opportunity to share your insights and suggestions about the accessibility of electronic health records and the above question with the Office of the National Coordinator. To be assured consideration written or electronic comments for both the ONC interim final rule and the CMS Notice of Proposed Rulemaking must be received at one of the below addresses no later than 5 p.m. on March 15, 2010.

1. Instructions For Submitting Comments On The Interim Final Rule (from the Federal Register) - Office of the National Coordinator

Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments, identified by RIN 0991– AB58, by any of the following methods (please do not submit duplicate comments).

• Federal eRulemaking Portal: Follow the instructions for submitting comments. Attachments should be in Microsoft Word, WordPerfect, or Excel; however, we prefer Microsoft Word. http://www.regulations.gov.

• Regular, Express, or Overnight Mail: Department of Health and Human Services,
Office of the National Coordinator for Health Information Technology, Attention: HITECH Initial Set Interim Final Rule, Hubert H. Humphrey Building, Suite 729D, 200 Independence Ave., SW., Washington, DC 20201. Please submit one original and two copies.

• Hand Delivery or Courier: Office of the National Coordinator for Health Information Technology, Attention: HITECH Initial Set Interim Final Rule, Hubert H. Humphrey Building, Suite 729D, 200 Independence Ave., SW., Washington, DC 20201. Please submit one original and two copies.

(Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without federal government identification, commenters are encouraged to leave their comments in the mail drop slots located in the main lobby of the building.)

FOR FURTHER INFORMATION CONTACT: Steven Posnack, Policy Analyst, 202– 690–7151.

2. Instructions For Submitting Comments On The CMS Notice Of Proposed Rulemaking - Centers for Medicare and Medicaid Services

ADDRESSES: In commenting, please refer to file code CMS–0033–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission. You may submit comments in one of four ways (please choose only one of the ways listed):

1. Electronically. You may submit electronic comments on this regulation to http://www.regulations.gov. Follow the instructions on the home page.
2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–0033–P, P.O. Box 8013, Baltimore, MD 21244–8013. Please allow sufficient time for mailed comments to be received before the close of the comment period.

3. By express or overnight mail. You may send written comments to the following address only: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–0033–P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850.

4. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments before the close of the comment period to either of the following addresses:

a) For delivery in Washington, DC—Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201.

(Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without Federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.)

b. For delivery in Baltimore, MD— Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244–1850. If you intend to deliver your comments to the Baltimore address, please call telephone number (410) 786– 9994 in advance to schedule your arrival with one of our staff members.

Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.

FOR FURTHER INFORMATION CONTACT:
Elizabeth Holland, (410) 786–1309, EHR incentive program issues.
Edward Gendron, (410) 786–1064, Medicaid incentive payment issues.
Jim Hart, (410) 786–9520, Medicare fee for service payment issues.
Terry Kay, (410) 786– 4493, Medicare fee for service payment issues.

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