Stay ahead of the headlines

Jul 15, 2024·publication

The Trust Exchange Framework and Common Agreement (TEFCA) July 2024 update highlighted ten key changes aimed at enhancing health data interoperability in the U.S. The updates focus on expanding participation criteria, improving data security measures, and streamlining data exchange processes. The enhancements are designed to facilitate more efficient and secure sharing of health information among providers, payers, and patients, ultimately aiming to improve healthcare outcomes and operational efficiency across the health system. The changes also emphasize compliance requirements and introduce new technological standards to support these goals.

Jul 15, 2024·Becker's Hospital Review

Hackensack Meridian Health promptly filed a lawsuit against HHS Secretary Xavier Becerra on the same day the Supreme Court overturned Chevron deference. The New Jersey-based health system challenges the formula for disproportionate share hospital payments, criticizing CMS' interpretations that have affected their Medicare reimbursements. Audrey Murphy, VP and chief legal officer, emphasized that the Supreme Court's decision allows for stricter adherence to congressional payment policies, which is crucial for the financial stability of nonprofit health systems like Hackensack. The lawsuit aims to ensure accurate future Medicare payments and clarity on supplemental security income reimbursements, signaling Hackensack's proactive stance in protecting its financial interests.

Jul 15, 2024·Fierce Healthcare

Healthcare industry groups, including hospitals, insurers, and information management executives, have voiced strong objections to the Cybersecurity and Infrastructure Security Agency’s (CISA) proposed rule for cybersecurity incident reporting. The rule, designed to enhance and expedite reporting for entities deemed critical infrastructure under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), is criticized for its redundancy with existing federal regulations and the significant burden it places on organizations already managing cyberattacks. Industry representatives argue that the 72-hour reporting requirement is excessive and diverts essential resources during crises. They also express concerns over the substantial data retention mandates and the potential risks associated with sharing sensitive cybersecurity strategies. Calls for simplified, harmonized regulations are widespread, with suggestions to expand or clarify the rule’s scope to include more third-party vendors directly involved in the healthcare ecosystem.

Jul 8, 2024·cyberscoop

The Supreme Court's recent decision to overturn the Chevron doctrine, which previously allowed courts to defer to federal agencies' interpretation of ambiguous laws, poses significant challenges for the Biden administration's cybersecurity regulatory efforts. This ruling undermines the legal basis for many of the stringent cybersecurity measures that the administration has pursued, often by creatively reinterpreting existing statutes. Experts warn that current and future cybersecurity regulations, ranging from water safety reviews by the EPA to incident reporting protocols by CISA, may now face increased legal scrutiny and challenges. Federal agencies and the Biden administration are evaluating how to adapt to this new legal landscape while continuing to prioritize cybersecurity.

Jul 8, 2024·Lexology

On June 28, 2024, the U.S. Supreme Court overruled the Chevron doctrine in Loper Bright Enterprises v. Raimondo, which had allowed courts to defer to agency interpretations of ambiguous statutes for nearly 40 years. This change, along with the Court's subsequent ruling on July 1 regarding the timing of the statute of limitations under the Administrative Procedure Act in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, signals a significant shift in administrative law. The withdrawal of Chevron deference means that courts will now independently interpret statutory law without automatically deferring to agency expertise. This will likely result in increased litigation as regulated industries challenge agency actions, impacting sectors such as healthcare, environment, real estate, and more. The implications are profound, as the regulated community may now leverage these rulings to contest a broader spectrum of federal regulations, necessitating closer scrutiny of statutory language by agencies and Congress alike.

Jul 5, 2024·cfodive.com

The recent U.S. Supreme Court decision to overturn the Chevron doctrine, which previously allowed courts to defer to federal agency interpretations of ambiguous statutes, could significantly impact regulatory actions by agencies like the Federal Trade Commission (FTC) and the Securities and Exchange Commission (SEC) concerning cybersecurity. This shift challenges the authority of these agencies, which have used older statutes to address modern cybersecurity issues in the absence of explicit congressional mandates. The ruling may particularly affect the FTC's initiative to establish extensive data privacy and security rules. Concurrently, the SEC's mandate requiring companies to report significant cybersecurity incidents has faced criticism and opposition from some congressional Republicans, highlighting ongoing debates over the appropriate scope and reach of federal cybersecurity regulation.

Jul 3, 2024·publication

The article outlines significant political and judicial developments affecting the U.S. healthcare landscape. The first focal event is a highly-viewed presidential debate between President Biden and former President Trump, drawing significant public and media discourse but notably low engagement from the younger demographic, which shows a growing disillusionment with the political system. The second major point discusses critically important decisions by the Supreme Court, including rulings on federal agencies' power, emergency room abortions, the Purdue Pharma opioid settlement, and abortion medication access. These rulings significantly impact healthcare regulation and indicate a potential shift in power from federal to state governance. Additionally, the article stresses the importance of engaging young adults in healthcare reform and underscores the need for dynamic strategic planning within healthcare organizations, as incrementalism may no longer suffice in a rapidly evolving landscape.

Jul 1, 2024·KHOU

Beginning July 1, 2024, the Texas Data Privacy and Security Act will enhance consumer control over their personal online data. This law mandates businesses to acquire user consent before processing sensitive data and grants Texans the right to access, correct, delete, and opt out of the use of their data for targeted advertising. Exemptions include state agencies, certain financial institutions, healthcare providers, and nonprofits. Businesses must comply with consumer requests within 45 days, with possible extensions and explicit justifications for any denials. The Texas Attorney General's Office has established an enforcement team to oversee compliance and handle complaints.

Jun 28, 2024·hcinnovationgroup.com

The U.S. Department of Health and Human Services (HHS) has finalized regulations to deter healthcare organizations from information blocking, which refers to unreasonably interfering with the access, exchange, or use of electronic health information. Effective 30 days after publication, the rule establishes disincentives for hospitals, clinicians, and Accountable Care Organizations (ACOs) that are found to participate in information blocking. These disincentives may include being deemed non-meaningful users of Electronic Health Records (EHR), resulting in reduced Medicare payments or ineligibility for performance incentives. The rule aims to ensure both patients and providers have timely and efficient access to health information while maintaining patient privacy.

Jun 25, 2024·Fierce Healthcare

A federal judge in Texas ruled against a 2022 guidance from the Department of Health and Human Services (HHS) that restricted the use of third-party online tracking technologies on hospital websites, siding with the American Hospital Association and other plaintiffs. The HHS had issued this guidance to prevent potential violations of the Health Insurance Portability and Accountability Act (HIPAA) due to patient data exposure through tools like Google Analytics and Meta Pixel. The American Hospital Association argued the guidance was unlawful and hindered hospitals' ability to share information and improve public health. The judge agreed, stating the HHS overstepped its authority and vacated the guidance, allowing hospitals to again utilize these web tracking tools.

Jun 20, 2024·Second Opinion Media

A proposed bill in California, AB 3129, could significantly impact the digital health sector, particularly for companies backed by private equity and venture capital. The legislation seeks to introduce a new review process by the Attorney General for transactions involving PE, hedge funds, and health facilities. Additionally, it aims to alter the investor relationship with medical practices by challenging the "captive PC" or "friendly PC" model, a long-standing structure that allows non-doctors to indirectly own medical practices via management companies. If passed, this bill could dismantle this model in California, affecting digital health investments and operations there, with potential implications for other states as well.

Jun 19, 2024·McKinsey on Healthcare

In the podcast episode "Unlocking the Power of Price Transparency Data," McKinsey senior partner Gunjan Khanna and Zelis CEO Amanda Eisel discuss the progress and challenges of implementing federal price transparency regulations in healthcare. Eisel emphasizes the importance of consumer empowerment in healthcare shopping and highlights the ongoing efforts to clean up messy, inconsistent data to make it useful for both consumers and providers. She outlines the decade-long journey to achieve effective price transparency, noting the need for standardization, better tools, and consumer engagement. Eisel also addresses the potential impact of these changes on the healthcare ecosystem and the urgency for organizations to innovate continually in this space.

Jun 17, 2024·The Health Care Blog

The CMS Innovation Center (CMMI) has proposed its first innovation model incorporating sustainability, named Transforming Episode-Based Accountability (TEAM). The mandatory payment model for acute care organizations includes a voluntary component for emissions reporting, allowing these organizations to receive feedback and technical assistance. This initiative follows an increased focus on the interplay between climate and health, with recent regulatory moves such as the SEC’s carbon emissions disclosure requirements for publicly traded companies and California's stringent emissions reporting mandates. The TEAM model underscores the emerging connection between sustainability and health care delivery, signaling a shift toward integrating climate considerations into health policy and value-based payment strategies.

Jun 13, 2024·Becker's Hospital Review

Massachusetts Senators Elizabeth Warren and Ed Markey have introduced the Corporate Crimes Against Health Care Act of 2024 to combat what they describe as "corporate greed and private equity abuse" in the healthcare sector. The proposed legislation aims to hold private equity executives criminally and financially accountable for actions that harm healthcare organizations, such as hospitals and nursing homes, and result in patient deaths. Key provisions include criminal penalties of up to six years in prison, a clawback of compensation from executives up to ten years before or after financial woes, substantial civil penalties, and additional reporting requirements for healthcare providers receiving federal funding. The act also seeks to limit federal health program payments and repeal certain tax benefits for Real Estate Investment Trusts (REITs). The legislation responds to notable cases like the bankruptcy of Steward Health Care, aiming to prevent similar corporate mismanagement in the future.

Apr 10, 2024·modernhealthcare.com

A new comprehensive privacy bill poised to significantly affect the healthcare sector is spotlighted, emphasizing its potential impact on how healthcare providers, insurance firms, and third parties manage and utilize sensitive personal data.

Apr 10, 2024·LinkedIn

Eric Bricker, MD, covers the launch of 'Billy', a novel website aimed at enhancing hospital price transparency by utilizing hospitals' own publicly mandated pricing data. Developed by Leon Wisniewski and created by Cody Coonradt and Dustin McQuay, Billy facilitates comparisons of healthcare service prices across different hospitals, specifically highlighting the disparities in costs for services like echocardiograms among major insurance carriers at hospitals such as Presbyterian and Baylor in Dallas. While not all hospitals comply with the data release mandate, making some data unavailable, Billy serves as a valuable tool for a diverse group of stakeholders including employers, insurance and hospital contract negotiators, government regulators, insurance brokers, benefits consultants, and consumers, seeking to navigate the complex landscape of healthcare pricing.

Apr 8, 2024·JPMorgan Chase & Co.

The 2023 annual letter from JPMorgan Chase's CEO, Jamie Dimon, reflects on a challenging year marked by geopolitical tensions, economic instability, and the firm's robust performance amidst adversity. Dimon discusses the broader implications of the war in Ukraine and the Middle East, emphasizing the need for America's leadership in fostering democracy and economic collaboration with Western allies. He underscores the importance of unity in protecting freedoms and the global order against authoritarian threats. Despite the volatile landscape, JPMorgan Chase recorded its sixth consecutive year of record revenue, highlighting its continued investment in technology, sustainability, and community engagement. Dimon advocates for responsible corporate governance, the modernization of public policy to address domestic and international challenges, and the pivotal role of America in maintaining global peace and economic stability. The letter calls for a revisitation of regulatory frameworks to ensure competitiveness and stresses the importance of addressing socio-economic disparities within the U.S. to reinforce the American dream.

Apr 8, 2024·TechTarget

The U.S. Department of Homeland Security's Cyber Safety Review Board (CSRB) released a critical report on Microsoft's handling of a significant breach last year, attributed to Chinese nation-state actor Storm-0558. This breach, involving the theft of a Microsoft account signing key, affected 22 customer organizations, including federal government agencies. The CSRB criticized Microsoft for preventable errors, including failure to detect the theft, reliance on the U.S. State Department for its detection, and inadequately updating inaccurate public statements regarding the incident. The report calls for a major overhaul of Microsoft's security culture, highlighting a series of operational and strategic decisions that put enterprise security and risk management at a disadvantage. Despite this, Microsoft has expressed its commitment to adopting a new culture of security through its Secure Future Initiative.

Apr 5, 2024·Cybersecurity Dive

The U.S. federal government is advancing its efforts to enhance cybersecurity through the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), which mandates over 316,000 critical infrastructure entities to report cyberattacks and ransom payments. This move aims to standardize the sharing of cyber incident information across various sectors, strengthening the federal response to cyber threats. With a proposed ruling that includes a comprehensive reporting framework and an estimated impact covering two-thirds of all relevant entities over an 11-year period, the initiative is set to impose significant financial implications for both the industry and the federal government. The rule, emphasizing rapid reporting, detailed incident descriptions, and ransom payment disclosures, seeks to bolster cybersecurity resilience among critical infrastructure sectors.

Apr 4, 2024·HealthLeaders Media

In response to the rising cybersecurity challenges facing healthcare providers, highlighted by attacks like the one on Change Healthcare, Chris Van Gorder of Scripps Health advocates for a reevaluation of both the responsibilities and expectations placed on the sector. He criticizes the oversimplification of these issues by legislators and calls for updated, realistic cybersecurity requirements and more robust federal support to protect healthcare infrastructure against cyber threats. Van Gorder emphasizes the unique vulnerabilities of healthcare providers to cyberattacks, which not only incur significant financial losses but also put patient lives at risk, as demonstrated by Scripps Health's experience with a cyberattack in 2021. He proposes a four-pronged approach for moving forward, involving clearer government-led guidelines, protective measures for compliant organizations, funding for cybersecurity defenses, and a collective effort to reassess how healthcare cybersecurity is managed, stressing the necessity of safeguarding patient care from these evolving threats.