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Genetic Information Nondiscrimination Act
a Bi-partisan Success
The Push for Health IT Improvements
Genetic Information Nondiscrimination Act
a Bi-partisan Success
During this high-energy political season it is easy to overlook legislation that is universal and bi-partisan. But because Health Care in the Capitol® likes to report the unknown, we have this success story for you.
Last month President Bush signed into law the Genetic Information Nondiscrimination Act. This bill, as the title suggests, prohibits discrimination based on the results of genetic tests. Under the new law, employers may not make decisions about whether to hire, promote or terminate individuals based on the results of genetic tests. Nor can health insurers deny coverage to potential members or charge higher premiums to members because of genetic test results. In May, the House voted 414-1 to approve the bill, while the legislation passed 95-0 in the Senate.
The passage of the bill is the culmination of a 13-year battle by 78-year old Rep. Louise Slaughter (D-NY), a former microbiologist. Slaughter’s motivation behind the bill is to ensure that genetic tests help people rather than hurt them. At the signing ceremony Slaughter said, “I am absolutely overjoyed. Americans have been waiting a very long time for the protections that this bill provides, and I am so proud that the wait is over. I’m especially excited to watch the advancements in science and medicine that will surely follow this enactment.” Supporters of the bill called it the first major civil rights legislation of the 21st century.
Not everyone was supportive of this bill, however. Opposition came from the U.S. Chamber of Commerce, as well as other business groups, who said that the legislation could lead to frivolous lawsuits against employers.
The Push for Health IT Improvements
On May 27, an access management company, Imprivata, announced the results of its online survey of health IT decision-makers and executives. The results indicate that many health care organizations are looking to move away from conventional communication models:
- 85 percent of the 171 participants said that they would prefer to use tablets or mobile devices and 41 percent said that they already use mobile desktops;
- Nearly 75 percent of respondents offer Virtual Private Network (VPN) access, 35 percent offer portal access for remote users, and 26 percent said they use computer applications 20 to 50 times a day; and
- 91 percent of the participants recognize HIPAA regulations’ influence on their IT purchasing decisions.
Recent discussions in Washington show that Congress is aware of the push for health IT improvements. House Energy and Commerce Committee Chairman John Dingell (D-MI) released draft legislation on May 22 to encourage the health care industry to transition from paper records to high tech communication and file sharing. Chairman Dingell and Ranking Member Joe Barton (R-TX) proposed the legislation to spur further discussion about health IT.
The Senate Health, Education, Labor, and Pensions Committee approved a health IT bill in August 2007, but it remains stalled in committee due to continuing privacy issues and concerns of the health care providers who would be financially responsible for implementing the technological upgrades. The Senate bill, proposed by Senators Ted Kennedy (D-MA) and Michael Enzi (R-WY), authorizes $139 million annually for two years in matching grants and loans to assist with the purchase of information technology. Dingell’s House bill also proposes matching grants and loans, but does not specify an amount.
Dingell’s “discussion draft” combines elements from five House bills related to health IT that have been proposed in recent sessions, and draws from reports and hearings from the Institute of Medicine and the National Committee on Vital and Health Statistics. In addition, Dingell’s draft legislation includes more extensive privacy restrictions than previous bills. Specifically, the bill:
- Requires personal health record (PHR) vendors to notify clients if their PHRs are illegally disclosed within 30 days of the privacy breach;
- Designates the Federal Trade Commission as the interim authority over security enforcement; and
- Requires the Department of Health and Human Services (HHS) to guide the de-identification of records before they are shared.
The proposed legislation would also direct the federal government to adopt technical standards for its own health information technology. Private health providers would not be required to abide by the federal standard, but the hope is that they would feel compelled to switch to electronic records that meet the federal standard.
The House Energy and Commerce Subcommittee on Health debated Dingell’s draft in a hearing on June 4. Subcommittee Chair Frank Pallone (D-NJ) said that a national health IT system would improve the quality of health care, reduce medical errors, increase efficiency and save the United States an estimated $170 billion annually. Steven Stack, speaking on behalf of the American Medical Association, said that it is essential for Congress to provide funds for the purchase of health IT equipment, especially in small practices and rural areas.
Also on June 4, Republican Representatives Dave Camp (R- MI) and Sam Johnson (R-TX) introduced the Promoting Health Information Technology Act of 2008 (HR 6179) which would require HHS to establish privacy and security standards for electronic medical records and calls for an HHS study to analyze current federal security and confidentiality standards. HR 6179 would also allow physicians to deduct a larger portion of business expense more quickly when purchasing health IT equipment.
Spectrum’s search for the best health IT resources revealed useful websites that we suggest you check out:
- Health Care IT News tracks industry and technology changes and offers valuable updates on policy initiatives going through Congress.
- Fierce Health IT offers news stories, daily email alerts, commentary, and “webinars” about health IT.
- Future Health Care has a section on health IT that features new research discoveries and podcasts by health IT decision makers.
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