August 27, 2009

HHS Releases Interim Final Rule on Breach Notification for Unsecured Protected Health Information; Applies to HIPAA-Covered Entities

National Council Submits Comments on the Advance Notice of Proposed Rulemaking of Changes to the Medicaid Program; Home and Community-Based Services Waivers

National Council to Hold 6th Annual Hill Day on June 29-30, 2010; Book Your Hotel Room Today!

Sign on to Letter in Support of Simplifying Medicaid Eligibility; Would Allow Coverage of Childless Adults

HHS Releases Interim Final Rule on Breach Notification for Unsecured Protected Health Information; Applies to HIPAA-Covered Entities

On August 24, the Office of Civil Rights within the Dept. of Health and Human Services (HHS) released an Interim Final Rule for Breach Notification for Unsecured Protected Health Information as required by the Health Information Technology for Economic and Clinical Health (HITECH) Act.

From the National Council’s initial analysis, the Interim Final Rule requires that in situations in which there is a breach of less than 500 individuals’ protected information, the covered entity must:

• notify individuals when their health information is breached and an assessment identifies that there is a risk of harm due to the breach of information;
• provide an annual report to HHS of any such breaches.

In situations in which there is a breach of more than 500 individuals’ protected information:

• notify individuals when their health information is breached and an assessment identifies that there is a risk of harm due to the breach of information;
• notify the media and HHS of such a breach;
• The Secretary of HHS is required to publish a list online of covered entities that experience breaches of unsecured protected information of more than 500 individuals.

The effective date for this Interim Final Rule is September 23, 2009.

A “covered entity” is defined as a health plan, health care clearinghouse, or health care provider that transmits any health information electronically in connection with a covered transaction, such as submitting health care claims to a health plan.

Comments on this Interim Final Rule are due on October 23, 2009. The National Council is currently in the process of analyzing the Interim Final Rule and developing our comments; please stay tuned to the Public Policy Update to see the final version.

National Council Submits Comments on the Advance Notice of Proposed Rulemaking of Changes to the Medicaid Program; Home and Community-Based Services Waivers

Last week, the National Council submitted comments to the Centers for Medicare & Medicaid Services (CMS) in regards to the Advance Notice of Proposed Rulemaking of changes to the Medicaid Program; Home and Community-Based Services (HCBS) Waivers, published in the Federal Register on June 22, 2009. The National Council supports the direction of the proposed modification to give states more flexibility to design HCBS waiver service packages based on need, rather than diagnosis or condition and CMS efforts to modify the HCBS waiver program to support more person-centered services. The National Council has some concerns which pertain to potential unintended consequences of some of the proposals in the ANPRM, such as the proposed process of defining what a home and community based setting is. These concerns are outlined in our comments to CMS. Because of this, we recommend the creation of a strong stakeholder-participation process for development of direction and standards for this proposed rule change. Through this process, CMS can maximize the positive impact of a reformed HCBS waiver program.

National Council to Hold 6th Annual Hill Day on June 29-30, 2010; Book Your Hotel Room Today!

Make your voice heard on Capitol Hill! Join us for the National Council’s 6th Annual Hill Day on June 29-30th, 2010 at the Hyatt Regency. The Hyatt is located right on Capitol Hill in Washington DC. You can book your hotel room at a rate of $239/night by calling the hotel: 202-737-1234 and mention the National Council room block. Stay tuned to the Public Policy Update and the Hill Day 2010 page of our website for further updates about Hill Day, including a schedule of events, speakers, and much more! (http://www.thenationalcouncil.org/cs/join_us_in_2010)
 

Sign on to Letter in Support of Simplifying Medicaid Eligibility; Would Allow Coverage of Childless Adults

Please Note: This story was first published in the Public Policy Update the week of August 17th. If you have completed the survey to sign on to this letter, your organization’s name has already been included as a signatory – you do not need to complete the survey again. If you'd like to sign on to the letter as an individual and you are NOT part of an organization, please answer Question #1 of the survey with your Full Name and you'll be included. Thank you!

In preparation for the return of Congress and continued debate on health care reform, the National Council, National Alliance to End Homelessness, and Corporation for Supportive Housing have drafted a letter to House and Senate leadership in strong support of simplifying Medicaid eligibility by connecting it to federal poverty level.

More specifically, this letter states:

• By basing eligibility on federal poverty level, this will end current policy which prevents single adults with chronic but not disabling conditions, parents separated from their children, and young adults leaving the foster care system from being eligible for Medicaid.
• Medicaid reimbursement policy should support coordinated service delivery between primary care, mental health, and addiction treatment services by allowing providers to receive reimbursement for all services they provide.

WE NEED YOUR HELP: Sign on to this letter by September 4 to ensure that the Medicaid provisions included in health care reform support the services your organization provides and the clients you serve!