December 2012

CMS, ONC propose tweaks to EHR regulations

A proposed federal rule nips and tucks previously issued regulations governing the testing, certification and use of electronic health record (EHR) systems. The proposed rule, issued jointly by the Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC), tweaks several of the meaningful-use criteria that healthcare providers must meet to qualify for payment under the federal EHR incentive program.

Specifically, the proposed change will update what's called the data element catalogue, which identifies all of the data needed to calculate the clinical quality measures included among the federal EHR incentive payment program's meaningful-use requirements. Providers must demonstrate their meaningful use of certified EHR systems to qualify for incentive payments.

FCC to FAA: Allow 'greater use' of electronic devices during flights

Federal Communications Commission Chairman Julius Genachowski pushed for wider in-flight use of electronic portable devices during airplane flights.

Chairman Genachowski called on the Federal Aviation Administration (FAA) to "enable greater use of tablets, e-readers, and other portable devices" during flights in a letter sent Thursday to Michael Huerta, the acting administrator of the FAA. The FAA launched a study group this summer to review its policies and guidance on in-flight use of electronic devices as people have increasingly turned to mobile phones and tablets to connect with one another. To the chagrin of most passengers, the FAA said the study would not consider allowing "voice communications" during flights. "This review comes at a time of tremendous innovation, as mobile devices are increasingly interwoven in our daily lives," Chairman Genachowski writes. "They empower people to stay informed and connected with friends and family, and they enable both large and small businesses to be more productive and efficient, helping drive economic growth and boost U.S. competitiveness." In the letter, Chairman Genachowski pledged to working with the FAA, airlines and manufacturers on the review.

Kerger -- Philanthropy, Not Government, Funds PBS

When, during the first presidential debate of the 2012 election cycle, then-presidential candidate Mitt Romney proclaimed to PBS' own Jim Lehrer that he would cut funding to the Corporation for Public Broadcasting as part of his presidency, all eyes were suddenly on the oft-overlooked broadcaster. But PBS president and CEO Paula Kerger said that the sudden publicity gave them an "opportunity to talk about who we are and what we are." "We're educators," Kerger said. "Most of what we try to do on a sustained basis is in the spirit of education." The funding Romney was talking about, she said, is so infinitesimally small -- only 15% of PBS' funding comes from the government -- that it was "strange" Romney would discuss it.

YouTube Tries to Become More Like TV

At the end of the day, many of us flop on the couch and turn on the TV to channel surf. But if YouTube has its way, more of us will be channel surfing the online video service instead. A majority of YouTube visits happen because someone clicks on a link from a friend or searches for a certain video. YouTube is trying to encourage casual users to use it more like diehards, who return every day or when they have a few minutes, to check in on their favorite channels. (Channels on YouTube are series of videos by the same creator, whether your sister posting baby videos, a YouTube celebrity or a professional producer like ESPN or PBS.) YouTube’s effort to get casual users to become more dedicated is critical as people increasingly use YouTube on mobile phones or televisions; it is more difficult to browse YouTube for interesting videos on those devices. YouTube began rolling out a redesigned Web site that it hopes will nudge people to subscribe to channels and return daily. With the redesign, every time you visit YouTube on any device, you will see the latest videos from the channels to which you subscribe.

Ten Things Cable-TV Companies Won't Say

Bundled packages aren't much of a deal, good service is hard to find and subscription prices are rising faster than inflation. More reasons to cut the cord?

"Customers are fed up with us."
"Good service exists...just not in your area."
"We aren't a monopoly, but we may be your only option."
"Raising prices is part of our heritage."
"Even the phone companies are on our side."
"We're at the mercy of the networks."
"Buying services piecemeal hurts you, not us."
"Use the word 'cancel,' and you've got our attention."
"We will squeeze your Internet."
"We're cracking down on piracy."

Netflix-Disney Deal a 'Game Changer'

The recent exclusive film deal that Netflix struck with Disney is a "game changer," according to Jeff Cuban, executive VP, AXS TV/Magnolia Pictures.

"Netflix doing this deal with Disney, very well may have the same impact on downstream content providers as retrans negotiations and increase sports rights fees are having on the cable industry," said Cuban. "They're spending a heck of a lot of money." Cuban finished by noting that choices by Netflix will have to made, and if he wonders of some of their lesser-profile content partners will suffer. "Somebody is not going to get paid on the bottom end that was typically getting license fees from Netflix."

Sen DeMint resignation leaves opening on Commerce Committee

Sen. Jim DeMint's (R-SC) announcement that he will resign from the Senate opens up the top Republican position on a powerful committee. Sen DeMint was set to succeed Sen. Kay Bailey Hutchison (R-TX) as the ranking Republican on the Senate Commerce, Science and Transportation Committee until he revealed that he would step down to lead the conservative Heritage Foundation.

The Commerce Committee, which is chaired by Sen. Jay Rockefeller (D-WV), has jurisdiction over communications policy, technology, interstate commerce, transportation, aviation and other key areas. Sen. John Thune (R-SD) is the next most senior Republican on the committee, but he was also recently reelected as conference chairman. It is unclear whether he would be allowed to keep his party leadership role and take on the ranking member position. Sen. Roger Wicker (R-MS) would be the next Republican in line after Sen Thune on the panel.

Chairman Upton Announces Republican Membership on House Commerce Subcommittees for 113th Congress

House Commerce Committee Chairman Fred Upton (R-MI) announced the Republican membership of committee’s six subcommittees for the 113th Congress. His vice chair is Marsha Blackburn (TN).

Subcommittee on Communications and Technology

Chairman: Greg Walden (OR)
Vice Chairman: Bob Latta (OH)
John Shimkus (IL)
Lee Terry (NE)
Mike Rogers (MI)
Marsha Blackburn (TN)
Steve Scalise (LA)
Leonard Lance (NJ)
Brett Guthrie (KY)
Cory Gardner (CO)
Mike Pompeo (KS)
Adam Kinzinger (IL)
Billy Long (MO)
Renee Ellmers (NC)
Joe Barton (TX)
Fred Upton (MI)

Subcommittee on Commerce, Manufacturing, and Trade

Chairman: Lee Terry (NE)
Vice Chairman: Leonard Lance (NJ)
Marsha Blackburn (TN)
Gregg Harper (MS)
Brett Guthrie (KY)
Pete Olson (TX)
David McKinley (WV)
Mike Pompeo (KS)
Adam Kinzinger (IL)
Gus Bilirakis (FL)
Bill Johnson (OH)
Billy Long (MO)
Joe Barton (TX)
Fred Upton (MI)

Subcommittee on Oversight and Investigations

Chairman: Tim Murphy (PA)
Vice Chairman: Michael C. Burgess, M.D. (TX)
Marsha Blackburn (TN)
Phil Gingrey (GA)
Steve Scalise (LA)
Gregg Harper (MS)
Pete Olson (TX)
Cory Gardner (CO)
Morgan Griffith (VA)
Bill Johnson (OH)
Billy Long (MO)
Renee Ellmers (NC)
Joe Barton (TX)
Fred Upton (MI)

Parents don’t want children’s information collected on the Internet, poll finds

Parents overwhelmingly say they object to the collection of personal information on children over the Internet, according to a new poll released just before federal officials are set to vote on a controversial proposal to strengthen child privacy laws.

According to a survey released by child-advocacy groups, nine out of 10 adults said they believed advertisers should get a parent’s permission before collecting the name, address or other personal data of a user under 13. Those businesses should never be able to ask for a child’s location or information about a child’s friends, respondents said. The survey of 2,000 adults comes amid a debate over how far federal regulators can go to protect the privacy of children without stepping on the business practices of the fast-growing and aggressive Web, media and mobile-phone industries. Current law is fuzzy on how much information these firms can collect on minors through social networks and mobile devices. The Federal Trade Commission is poised to vote this month on revisions to a 1998 law written in the desktop-computer age. Proposed updates to that law would require permission from parents to track children online with cookies and other tools used by advertisers to create profiles of users.

MetroPCS CEO: Softbank Deal Complicates Any Sprint Bid

MetroPCS Communications Chief Executive Roger Linquist said the timing of Sprint-Nextel's pending deal to sell a 70% stake to Softbank "certainly could be" problematic if Sprint wants to make an offer for MetroPCS.

Linquist declined to say whether Sprint had made an offer for MetroPCS, but he noted that Sprint—which he also referred to as an interloper—is busy with the Softbank deal. "How many balls do you have in the air at once? One of those balls isn't going to be there," Linquist said, referring to the T-Mobile takeover. Linquist acknowledged that further deals are likely, although it is unclear if the recent activity would bring pause or stimulate something larger. He said a "roll-up of the industry," including the merger of T-Mobile and Sprint, is likely in coming years. "It has to happen at some point," he said, noting that timing and the regulatory environment will play a factor.

Benton

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