21st Century Cures bill headed to House floor, interoperability concerns in tow

Pats on the back abounded after Thursday’s bipartisan, 51-0 greenlighting of the 21st Century Cures Act by the House Energy and Commerce Committee, sending the measure to the House floor for consideration by the full chamber. But the enthusiasm wasn’t unanimous over every provision among stakeholders who actually work in healthcare.

One of the main sticking points: punitive provisions on interoperability aspects written into the bill in mid-May.

A few days prior to the vote, the American Hospital Association criticized the provisions in a letter addressed to Energy and Commerce committee chair Rep. Fred Upton (R-Mich.)

Signed by AHA executive vice president Rick Pollack, the letter expresses appreciation for the committees intent to hold vendors accountable for selling products that are indeed interoperable. It also recommends asking the Federal Trade Commission to conduct a study of anti-competitive behavior by EHR vendors.

But the bulk of the message is spent voicing qualms on behalf of the provider community.

“[W]e are concerned that the heavy-handed and duplicative enforcement mechanisms contemplated for providers could have significant unintended consequences, including undermining new models of care and setting up an environment where well-intentioned providers face significant penalties for small mistakes,” wrote Pollack, who detailed specific hindrances to progress that, in AHA’s view, the interoperability provisions create.

HIMSS issued a brief statement of general support for the bill, only stipulating that the House strengthen the interoperability provisions by “ensuring that all relevant stakeholders are engaged in the standards development and implementation process and that new policies build on interoperability progress to-date.”

John D. Halamka, MD, Harvard Medical School’s CIO and dean for technology, a practicing emergency physician, came down roughly in the middle. Posting commentary on his blog, he stated that 21st Century Cures has “significant issues” and offered suggestions on ways to accelerate interoperability.

The bill has been in the works for at least a year. Its core intent is to quicken FDA’s pace reviewing new drugs, devices and medical interventions for currently incurable conditions. A vote by the full House of Representatives is now likely by the end of summer. 

Dave Pearson

Dave P. has worked in journalism, marketing and public relations for more than 30 years, frequently concentrating on hospitals, healthcare technology and Catholic communications. He has also specialized in fundraising communications, ghostwriting for CEOs of local, national and global charities, nonprofits and foundations.

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