HHS rules on electronic health records have broad impact

The Health and Human Services Department's proposed regulations for distributing $17 billion in electronic health records incentives may broaden the gap between early and late adopters, ignore lab data, increase fragmentation in health care and impose administrative burdens, according to panelists who have analyzed the regulations.

There is a "risk of an unintended consequence of a widened digital divide between early adopters and those without significant resources," Dr. Karen Bell, senior vice president for health IT services at the Masspro state quality improvement organization, said during the eHealth Initiative online seminar Jan. 9. The eHealth Initiative is a nonprofit group that promotes health IT adoption.

HHS officials on Dec. 30 published two sets of regulations related to the economic stimulus law incentive payments for eligible users of the health record systems. One of the regulations defines certification of the systems, and the other defines how doctors and hospitals can qualify for the payments by becoming meaningful users of the technology. The regulations take effect in March. Speakers praised the HHS provisions that require meaningful users to collect and share certain types of clinical data in their practices or hospitals — such as what percentage of their patients are smokers. The regulations include 25 measures, of which 17 may be attested to and eight require data submission and exchange. Payments are offered in stages.