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Compliance & Legal

By Kat Jercich | 02:22 pm | July 12, 2021
A pair of reports from the Department of Veterans Affairs Office of Inspector General raised more potential concerns about the VA's electronic health modernization program.   The reports, published on back-to-back days this past week, flagged unreliable IT infrastructure cost estimates for the EHR modernization program as a whole, along with training deficiencies for business and clinical workflows at the first go-live site at the Mann-Grandstaff VA Medical Center in Spokane, Washington.   WHY IT MATTERS   In the first report, published this past Wednesday, the VA OIG's Office of Audits and Evaluations noted that the VA had reported to Congress in 2018 that the EHR modernization program would cost about $16.1 billion over the course of ten years.   That cost included about $4.3 billion for IT upgrades, including system interfaces and updates to end-user devices such as desktop and laptop computers.    "Reporting reliable cost estimates for these upgrades is imperative so that Congress has the information needed to make informed budgetary and investment decisions," observed the OIG.   Unfortunately, says the OIG, complete documentation for those estimates was lacking – making it difficult to assess their accuracy.   In addition, "the OIG found [the Office of Electronic Health Record Modernization] did not include costs for critical program-related IT infrastructure upgrades in the estimates reported to Congress, effectively underreporting program costs by nearly $2.5 billion," read the report. OEHRM lacks formal agreements with the VA's Office of Information and Technology and the Veterans Health Administration to commit to funding those $2.5 billion upgrades. The absence of agreements can leads to problems, if OIT or VHA can't complete them. "Without all critical IT infrastructure upgrade costs accurately presented in the life-cycle cost estimates, Congress lacks a comprehensive picture of total program costs that decision-makers need to make informed oversight and investment decisions," read the report.   The second report, which concerned the new EHR at Mann-Grandstaff, also raised issues.   In that report, the VA OIG's Office of Healthcare Inspections found significant gaps in staff training on how to use the new EHR – particularly in regard to context and workflow.   "Facility leaders reported that training did not provide opportunities to test proficiency in navigating a wide variety of clinical scenarios; instead, instruction focused on the multiple steps required to complete specific tasks," read the report. The OIG found that facility leaders and staff said they had insufficient time to cover complex training topics, especially amid the context of COVID-19's other challenges.   Two or three months after using the new EHR, more than half of facility staff said they couldn't share patient information with other clinicians without difficulty, and nearly two-thirds said they couldn't navigate the different EHR applications without difficulty.    "Overall, the survey results showed that, after training and two to three months of new EHR use, only a small percent of facility users reported facile use with EHR core functions," said the OIG.   Perhaps unsurprisingly, the OIG observed low employee morale and concerns regarding patient complaints and provider productivity.   The watchdog also noted some VA staff members' apparent attempts to disguise the training issue: "Disturbingly, leaders from VA OEHRM Change Management withheld some training evaluation data requested by the OIG and altered other data prior to sending to the OIG." "The OIG has notified VA senior leaders of this issue and is further pursuing the matter," wrote auditors.   THE LARGER TREND   The VA's EHR modernization rollout has been beset by difficulties for months, between COVID-19-related delays; other critical OIG reports about cost underestimations; and reports of confusion and dissatisfaction from its early users.   The unenthusiastic response to the project's initial rollout led to a pause on the program while the VA undertook a strategic review. But earlier this month, VA Secretary Denis McDonough said the department would stick with Cerner for the modernization.   ON THE RECORD   "As with any operation of this magnitude, success is dependent on ensuring synchrony of multiple, complex moving parts," wrote the OIG officials in the July 8 report. "A governance structure that ensures collaboration and engagement of all relevant stakeholders is critical to achieving that success."   Kat Jercich is senior editor of Healthcare IT News. Twitter: @kjercich Email: kjercich@himss.org Healthcare IT News is a HIMSS Media publication.
By Kat Jercich | 03:41 pm | July 09, 2021
The Department of Justice says the defendants breached a provider's EHR and used proceeds from stolen data to buy SUVs, off-road vehicles and jet skis.
HIMSS21
By Kat Jercich | 01:50 pm | July 06, 2021
The U.S. Food and Drug Administration's Dr. Suzanne B. Schwartz says that no single stakeholder can solve medical device cybersecurity issues on their own.
By Kat Jercich | 04:52 pm | July 02, 2021
A JAMIA study published this week finds that CAHs are less likely to have implemented tools aimed at patient engagement and clinical data analytics. 
By Kat Jercich | 01:28 pm | July 02, 2021
In a suit filed in district court this week, four plaintiffs in the healthcare industry say their Alexa-enabled devices may have captured private information without their intention.
By Kat Jercich | 12:55 pm | July 01, 2021
Following a three-month review of the program, Veterans Affairs Secretary Denis McDonough said this week that the department would stay the course with the Millennium-based platform, despite scheduling setbacks.
By Kat Jercich | 04:34 pm | June 29, 2021
The COVID-19 pandemic acted as an accelerator of sorts for many experiments with virtual care implementations.    But, panelists pointed out during the American Telemedicine Association conference on Tuesday, it's important to take the lessons learned during the pandemic and incorporate them into future innovation efforts. "Before the COVID-19 pandemic, telehealth was seen by many as the future of healthcare," said Sen. Brian Schatz, D-Hawaii, during opening remarks.  "But today, it is healthcare," he continued. Schatz, who recently spoke with HIMSS TV about the importance of safeguarding telehealth in the long term, pointed to the CONNECT for Health Act as evidence of broad-based support for virtual care.    "For more than a decade, bipartisanship on healthcare has been very hard to come by," said Schatz. "But the single shining exception is telehealth."   "That's because telehealth works, and it's popular," he argued. Schatz urged attendees to continue pushing for access to virtual care. "We cannot and should not go back to the Stone Age of telehealth coverage," he said.   Indeed, if Congress does not act, advocates have repeatedly warned that Americans will face what they call a "telehealth cliff." Absent any change in law, "the vast majority of those waivers" put into place at the start of the public health emergency "are going to go away," said Amy Bassano, deputy director at the Center for Medicare and Medicaid Innovation at CMS, in a fireside chat following Schatz's remarks. At CMMI, she says, "we are thinking about everything we've learned to date, based upon our models we've tested [and] based on what's happened in the public health emergency ... and how can telehealth and these other services really be a tool to help achieve those savings." CMMI, she says, has the authority to test how different innovation models – including those that use telehealth – can increase efficacy.    "As we think about being patient-centered ... we think we can use our models to help ensure equity for the providers, for the patients – the folks in the models and the healthcare system at large," she said.   Given general concerns about telehealth and spending, she said, "We need to be in a place where we are not looking to just increase costs or add additional services for the sake of those services."    "They really need to be very focused on the outcomes and what we are trying to do," she continued.   If Bassano could "wave a magic wand" to set virtual care-related priorities in the near future, she said, "It really is continuing this movement [toward] value and recognizing that virtual care is a really important part of that."   'Regarding how the private sector could contribute to this effort, she said, companies could and should keep "building what people need" and creating tools that are compliant with other requirements. In short, she said, "Keep on going." The movement over the last decade alone, she said, has been amazing. "I can only imagine where we'll be ten years from now," she said. Kat Jercich is senior editor of Healthcare IT News. Twitter: @kjercich Email: kjercich@himss.org Healthcare IT News is a HIMSS Media publication.
By Kat Jercich | 12:41 pm | June 29, 2021
A former employee may have inappropriately accessed patient data for more than 11 years, according to local reports.
HIMSS21
By Kat Jercich | 10:18 am | June 28, 2021
From interoperability to telehealth and beyond, an upcoming HIMSS21 presentation will shed light on the regulations and penalties health IT stakeholders should be mindful of in the months ahead.
By Kat Jercich | 05:35 pm | June 21, 2021
The state board of dental examiners had previously issued guidance that effectively banned virtual dentistry.