Stimulus health IT amendments lined up for consideration

Senate Health, Education, Labor and Pensions Chairman Edward Kennedy and Sen. Debbie Stabenow, D-Mich., are expected to try to amend the health information technology section of the economic stimulus package to ensure that electronic medical records collect data on race, ethnicity and gender, which they believe will help eliminate disparities in health care.

The proposal, which AARP intends to support with labor, consumer and minority groups, is one of several changes to health IT language anticipated as the debate over the bill continues today.

Sen. Amy Klobuchar, D-Minn., is considering introducing an amendment to exempt "quality initiatives" like disease management and care coordination from a provision mandating new healthcare operations rules from the HHS secretary, sources said. Healthcare providers fear the regulations could require prior patient consent or the use of deidentified data before information could be exchanged.

Language that would allow state attorneys general to file class-action lawsuits against those who violate federal health privacy laws could change. Sources said Sen. John Cornyn, R-Texas, plans to introduce language stipulating that states cannot hire outside lawyers on a contingency basis, thus ensuring that damages collected are returned to taxpayers. Critics of the state empowerment provision have argued it is too broad and is an inefficient use of government resources. They believe there are ample enforcement mechanisms at the federal level.

Additionally, Sen. Olympia Snowe, R-Maine, plans to introduce an amendment to change the trigger for public notification of data breaches. The current version exempts inadvertent acquisition, access, use, or disclosure of protected health information by an employee or agent of a "covered entity" or "business associate." Snowe believes there are too many loopholes in the provision that would prevent consumers from knowing if their sensitive medical information inappropriately changed hands or was leaked.